Edition 25 | ANZSIL Perspective

Meet the new members of the ANZSIL Perspective editorial team

by ANZSIL Perspective | 10 Nov 2021

Caroline and Alberto join the editorial reviewers Dr. Caroline Foster is Acting Director at the New Zealand Centre for Environmental Law (NZCEL) at the University of Auckland Law Faculty. She recently completed a new monograph Global Regulatory Standards in Environmental and Health Disputes: Regulatory Coherence, Due Regard and Due Diligence (Oxford University Press, 2021) complementing her previous book with Cambridge University Press Science, Proof and Precaution in International Courts and Tribunals: Expert Evidence, Burden of Proof and Finality. She teaches international law in the LLB and international dispute settlement in the LLM as well as on...

Editorial: Edition 25

by Felicity Gerry KC | 10 Nov 2021

In this edition we welcome two new members of the editorial team and two new sub-editors. You can read their profiles in this edition and online on the ANZSIL Perspective web page here. Once again, we have an excellent contribution to ANZSIL Perspective. This month’s contribution is from Douglas Gilfoyle on the use by small States of law of the sea dispute settlement against greater powers. We are very keen to encourage contributions and will be reaching out to ANZSIL members and the wider international legal community for views on a range of issues. We particularly welcome contributions from all our interest groups: the International Economic Law Interest Group, International Peace and...

Small States and Law of the Sea ‘Litigation’ Against Greater Powers

by Douglas Guilfoyle | 10 Nov 2021

Are small States making increasing – and strategic – use of law of the sea dispute settlement mechanisms against greater powers? In cases such as Philippines v China, Timor-Leste v Australia, Ukraine v Russia and Mauritius v UK, States with relatively limited power have been able to use formal sovereign equality to invoke UNCLOS proceedings against States - often permanent members of the Security Council - which would appear to be in significantly stronger positions. We are also seeing not-unrelated legal strategies play out in Vanuatu’s recent plan to seek an advisory opinion from the International Court of Justice on the legal consequences of climate change. It’s an important set of...