Tuesday, September 27, 2005
Shes come undone by Averill Baker
Missed this one. While not one of her best the mention of article 76 law of the sea is worthy of mention.
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Baker, like many who became worshippers of charters, codification and whatever else the profs stressed, often forgets the most basic concepts of long term international law.
Canada can (and should) immediately assert Custodial Management over the Nose and Tail of the Grand Banks and the Flemish Cap. It can do so unilaterally and lead the charge in establishing a new state practice and custom in international law.
Too many people view Law of the Sea convention as the be-all and end-all codification of Law of the Sea. It is really largely a codification of various efforts of pioneers such as the South Americans and the Icelanders which got hammedred away at for decades.
People need to remember concepts of customary and state practice law. The problem in Canada is that even when the time came to support the greater EFZ and EEZ limits, its ambassador, al Beesly, was a coward and a sellout.
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Canada can (and should) immediately assert Custodial Management over the Nose and Tail of the Grand Banks and the Flemish Cap. It can do so unilaterally and lead the charge in establishing a new state practice and custom in international law.
Too many people view Law of the Sea convention as the be-all and end-all codification of Law of the Sea. It is really largely a codification of various efforts of pioneers such as the South Americans and the Icelanders which got hammedred away at for decades.
People need to remember concepts of customary and state practice law. The problem in Canada is that even when the time came to support the greater EFZ and EEZ limits, its ambassador, al Beesly, was a coward and a sellout.
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