Juris Warrior

Anchored in Law: The Philippines’ Legitimate Claim to Bajo de Masinloc

The Philippines’ claim to Bajo de Masinloc rests on both law and geography. From historical maps and treaty succession to the 2016 South China Sea Arbitration, the shoal’s proximity to Zambales and its classification under UNCLOS reinforce the Philippines’ entitlements. This article examines state practice, comparative jurisprudence, and China’s activities, showing why UNCLOS remains the decisive framework for maritime order in the West Philippine Sea.

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The Enrica Lexie Case: Jurisdiction, Immunity, and Maritime Security

The Enrica Lexie case remains one of the doctrinal touchstones in maritime law. What began as a tragic misidentification at sea evolved into a decade-long dispute between India and Italy, testing UNCLOS jurisdiction, functional immunity, and the balance between sovereign equality and accountability. The tribunal’s ruling affirmed flag-state authority while requiring compensation, offering enduring lessons for states navigating law, security, and diplomacy at sea.

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Human Rights and Hybrid Campaigns: Georgia v. Russia (II)

The Georgia v. Russia (II) judgment demonstrates how international law adapts to modern hybrid campaigns. By affirming jurisdiction through effective control and recognizing systemic abuses as administrative practice, the European Court of Human Rights confirmed that states remain accountable for human rights violations even when they rely on proxies, displacement, or propaganda to obscure responsibility.

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Gray Zone Maritime Tactics: Lawful Responses and Operational Control

Gray zone tactics at sea blur the line between civilian activity and coercion, exploiting ambiguity to pressure states without crossing into armed conflict. This article examines how international law — through necessity and proportionality — shapes lawful responses, and how embedding these principles into ROE and RUF ensures legitimacy, operational discipline, and effective maritime security.

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Property, Not Immunity: UNCLOS and Maritime Autonomous Vessels

Maritime Autonomous Vessels (MAVs) pose a pressing doctrinal challenge under UNCLOS. While some states designate MAVs as warship or government ship, such practice does not confer sovereign immunity. This article argues that MAVs remain an equipment, failing UNCLOS’s intention at adoption, and must be treated as property to safeguard sovereignty, accountability, and the integrity of the maritime legal order.

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The Law of Armed Conflict: Principles and Practice in Modern Warfare

The Law of Armed Conflict (LOAC), also known as International Humanitarian Law, provides the indispensable legal framework even for modern warfare. Anchored in the Geneva Conventions and Additional Protocols, LOAC ensures that military necessity is balanced by humanitarian restraint through its four principles: distinction, proportionality, necessity, and humanity. These rules safeguard civilians, regulate hostilities, and uphold the legitimacy of military operations in today’s complex battlefields.

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Innocent Passage, Sovereignty, and Responsibility: The Corfu Channel Case

The Corfu Channel Case (1949) marked the ICJ’s first judgment and remains a doctrinal touchstone in international law. It established that responsibility extends to omissions, affirmed the right of innocent passage, reinforced sovereignty against unilateral self help, and confirmed that liability entails reparation. These principles continue to guide maritime security and state responsibility in contemporary international practice.

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Boarding Authority in the EEZ: A Restrictive Doctrine under UNCLOS

Boarding ships in the Exclusive Economic Zone is not a general right but a narrowly defined competence under UNCLOS Article 73. Coastal states may board, inspect, or arrest vessels only to enforce laws on living resources, while foreign ships retain navigation freedoms. This restrictive doctrine reduces conflict, protects maritime trade, and strengthens the legitimacy of coastal state actions.

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Necessity and Proportionality in Maritime Self‑Defense: Legal Limits under the UN Charter

Defensive force at sea is never unlimited. Under Article 51 of the UN Charter, self defense is lawful only when triggered by an armed attack and filtered through necessity and proportionality. These enduring principles, reinforced by guidance instruments and Rules of Engagement, ensure that maritime operations remain legally credible, operationally effective, and restrained against unlawful escalation.

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Occupation, Exploitation, and the Limits of Self‑Defense: Lessons from the Congo Case

The ICJ Armed Activities case remains a landmark in international law. By rejecting Uganda’s self-defense claim and affirming sovereignty, the Court clarified rules on occupation, humanitarian law, and resource exploitation in conflict zones—principles that continue to shape maritime security attribution today.

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