Douglas Guilfoyle
Biographic Data
| ID | 4097042 |
|---|---|
| NAME | Douglas Guilfoyle |
| GIVEN NAMES | Douglas |
| FAMILY NAME | Guilfoyle |
| SIGNATURE | GUILFOYLE D |
| AFFILIATIONS | University College London |
| ORCID | 0000-0002-4505-9554 |
| VERIFIED | Yes |
| TOTAL WORKS | 20 |
| TOTAL CITATIONS | 39 |
| AUTHOR COUNT | 20 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2007 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 3 |
The Extent and Legitimacy of the Judicial Function in Unclos Dispute Settlement
This article examines reactions to the South China Sea and Chagos Marine Protection Area arbitrations under the United Nations Convention on the Law of the Sea (UNCLOS), in particular concerns about the potential widening of Part XV jurisdiction and its impact on the dispute resolution system's consent basis. It argues that assessing the impact of such cases involves a characterization of both the function of Part XV and of international judges. …
The Australia-Tuvalu Falepili Union Treaty: Statehood and Security in the Face of Anthropogenic Climate Change
On November 9, 2023, Prime Minister Albanese of Australia and then Prime Minister Natano of Tuvalu signed the Australia-Tuvalu Falepili Union Treaty in Rarotonga (Falepili Union Treaty or the Treaty). The preamble explains that “the concept of Falepili . . . connotes the traditional values of good neighbourliness, duty of care and mutual respect.” It sets a groundbreaking precedent for Small Island States threatened by rising sea-levels, addressi…
Douglas Guilfoyle, Review of Ian Urbina, The Outlaw Ocean: Crime and Survival in the Last Untamed Frontier
Commentary: China in the Maritime Pacific
Lawships or warships? Coast guards as agents of (in)stability in the Pacific and South and East China Sea
The Final Frontier of Cyberspace: The Seabed Beyond National Jurisdiction and the Protection of Submarine Cables
Cyberspace is now acknowledged not only as the newest domain of warfare, but also as a space vital to economic, educational and cultural development for all States. This thin consensus ignores the fundamental fact that the backbone of cyber infrastructure—submarine telecommunication cables—is not (for the large part) located within sovereign territorial jurisdiction. The radically increased reliance of States upon submarine data cables emphasises…
Ejil Roll of Honour; 2021 Ejil Peer Reviewer Prize; Changes in the Masthead; Germany v Italy: Jurisdictional Immunities – Redux (and Redux and Redux); 10 Good Reads; Rabia Balkhi – The Legacy of a Med…
Maritime Autonomous Vehicles: New Frontiers in the Law of the Sea
The ongoing development of diverse maritime autonomous vehicles for varied ocean activities—ranging from scientific research, security surveillance, transportation of goods, military purposes and commission of crimes—is prompting greater consideration of how existing legal frameworks accommodate these vehicles. This article brings together the core legal issues, as well as current developments in relation to commercial shipping, the law of naval …
The rule of law and maritime security: Understanding lawfare in the South China Sea
Does the rule of law matter to maritime security? One way into the question is to examine whether states show a discursive commitment that maritime security practices must comply with international law. International law thus provides tools for argument for or against the validity of certain practices. The proposition is thus not only that international law matters to maritime security, but legal argument does too. In this article, these claims w…
The ICC pre-trial chamber decision on jurisdiction over the situation in Myanmar
The transfer and deportation of ethnically Rohingya people from Myanmar into Bangladesh is a crime against humanity demanding an international response. What role, however, should the International Criminal Court (ICC) play? On 6 September 2018 an ICC Pre-Trial Chamber ruled that the Court has jurisdiction to investigate and prosecute such crimes as they are completed on the territory of a State party, Bangladesh. Myanmar is not a party to ICC St…
Provisional Measures and the MV Arctic Sunrise
On September 18, 2013, several Greenpeace activists, bearing ropes and posters, attempted to board a Gazprom oil platform, the Prirazlomnaya, in the Exclusive Economic Zone (EEZ) of the Russian Federation. They did so in inflatable craft launched from a Greenpeace vessel, the Netherlands-flagged MV Arctic Sunrise . They were soon arrested by the Russian Coast Guard. The following day, armed agents of the Russian Federal Security Service boarded t…
International law and counter-piracy in the Indian Ocean
International discussion of Somali piracy is now largely conducted in the language of law enforcement, not war or terrorism. The aim of this paper is to explain in a brief and practical way to non-lawyers the relevant legal categories and controversies surrounding Somali piracy and to suggest why the response to piracy has remained in the law enforcement ‘box’. It does this by considering piracy through the lens of four legal ‘paradigms’: the law…
Prosecuting Somali Pirates: A Critical Evaluation of the Options
Journal Article Prosecuting Somali Pirates: A Critical Evaluation of the Options Get access Douglas Guilfoyle Douglas Guilfoyle * * BA (Hons), LLB (Hons) (ANU), LLM, PhD (Cantab); Solicitor (New South Wales, non-practising); Senior Lecturer, University College London. [[email protected]] Search for other works by this author on: Oxford Academic Google Scholar Journal of International Criminal Justice, Volume 10, Issue 4, September 2012, Pages…
Piracy and Armed Robbery at Sea: The Legal Framework for Counter-piracy Operations in Somalia and the Gulf of Aden
Transnational Criminal Law as a Governance Strategy in the Global Labour Market: Criminalizing Globalization from Below
This article examines the consequence of treating irregular labour migration as a criminal law issue, rather than one of trade or development. If States are increasingly committed to the free movement of goods and skilled workers, why is the movement of unskilled workers a crime? Adopting an economic analysis, it is clear that irregular migrants provide labour-receiving States with a pool of workers who are cheap to employ, easy to fire, and who …
Counter-Piracy Law Enforcement and Human Rights
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Shipping Interdiction and the Law of the Sea
Faustin Z. Ntoubandi, Amnesty for Crimes against Humanity under International Law
There is certainly a need for a general work on the compatibility of amnesties with obligations to prosecute and punish under international criminal law. This study, however, is ostensibly restricted to amnesties for crimes against humanity in the context of transitional justice in post-conflict or post-dictatorial societies (at 1–2). The author pursues an unclear path towards his goal. Chapter 1 provides only a brief introduction to transitional…
Ii. Piracy Off Somalia: Un Security Council Resolution 1816 and Imo Regional Counter-Piracy Efforts
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Interdicting Vessels to Enforce the Common Interest: Maritime Countermeasures and the use of Force
Can the law of countermeasures be used to police the high seas? The freedom of the high seas is guaranteed by the immunity of a State's flag vessels from interference by the public vessels of other States, subject to limited exceptions. However, this rule of non-interference may shield those engaged in unregulated or illegal fishing or transporting weapons of mass destruction and their precursors. This article argues that while such conduct may b…
Counter-Piracy Law Enforcement and Human Rights
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Ii. Piracy Off Somalia: Un Security Council Resolution 1816 and Imo Regional Counter-Piracy Efforts
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The rule of law and maritime security: Understanding lawfare in the South China Sea
Does the rule of law matter to maritime security? One way into the question is to examine whether states show a discursive commitment that maritime security practices must comply with international law. International law thus provides tools for argument for or against the validity of certain practices. The proposition is thus not only that international law matters to maritime security, but legal argument does too. In this article, these claims w…
Interdicting Vessels to Enforce the Common Interest: Maritime Countermeasures and the use of Force
Can the law of countermeasures be used to police the high seas? The freedom of the high seas is guaranteed by the immunity of a State's flag vessels from interference by the public vessels of other States, subject to limited exceptions. However, this rule of non-interference may shield those engaged in unregulated or illegal fishing or transporting weapons of mass destruction and their precursors. This article argues that while such conduct may b…
Prosecuting Somali Pirates: A Critical Evaluation of the Options
Journal Article Prosecuting Somali Pirates: A Critical Evaluation of the Options Get access Douglas Guilfoyle Douglas Guilfoyle * * BA (Hons), LLB (Hons) (ANU), LLM, PhD (Cantab); Solicitor (New South Wales, non-practising); Senior Lecturer, University College London. [[email protected]] Search for other works by this author on: Oxford Academic Google Scholar Journal of International Criminal Justice, Volume 10, Issue 4, September 2012, Pages…
The Australia-Tuvalu Falepili Union Treaty: Statehood and Security in the Face of Anthropogenic Climate Change
On November 9, 2023, Prime Minister Albanese of Australia and then Prime Minister Natano of Tuvalu signed the Australia-Tuvalu Falepili Union Treaty in Rarotonga (Falepili Union Treaty or the Treaty). The preamble explains that “the concept of Falepili . . . connotes the traditional values of good neighbourliness, duty of care and mutual respect.” It sets a groundbreaking precedent for Small Island States threatened by rising sea-levels, addressi…
The Final Frontier of Cyberspace: The Seabed Beyond National Jurisdiction and the Protection of Submarine Cables
Cyberspace is now acknowledged not only as the newest domain of warfare, but also as a space vital to economic, educational and cultural development for all States. This thin consensus ignores the fundamental fact that the backbone of cyber infrastructure—submarine telecommunication cables—is not (for the large part) located within sovereign territorial jurisdiction. The radically increased reliance of States upon submarine data cables emphasises…
Maritime Autonomous Vehicles: New Frontiers in the Law of the Sea
The ongoing development of diverse maritime autonomous vehicles for varied ocean activities—ranging from scientific research, security surveillance, transportation of goods, military purposes and commission of crimes—is prompting greater consideration of how existing legal frameworks accommodate these vehicles. This article brings together the core legal issues, as well as current developments in relation to commercial shipping, the law of naval …
Provisional Measures and the MV Arctic Sunrise
On September 18, 2013, several Greenpeace activists, bearing ropes and posters, attempted to board a Gazprom oil platform, the Prirazlomnaya, in the Exclusive Economic Zone (EEZ) of the Russian Federation. They did so in inflatable craft launched from a Greenpeace vessel, the Netherlands-flagged MV Arctic Sunrise . They were soon arrested by the Russian Coast Guard. The following day, armed agents of the Russian Federal Security Service boarded t…
International law and counter-piracy in the Indian Ocean
International discussion of Somali piracy is now largely conducted in the language of law enforcement, not war or terrorism. The aim of this paper is to explain in a brief and practical way to non-lawyers the relevant legal categories and controversies surrounding Somali piracy and to suggest why the response to piracy has remained in the law enforcement ‘box’. It does this by considering piracy through the lens of four legal ‘paradigms’: the law…
Transnational Criminal Law as a Governance Strategy in the Global Labour Market: Criminalizing Globalization from Below
This article examines the consequence of treating irregular labour migration as a criminal law issue, rather than one of trade or development. If States are increasingly committed to the free movement of goods and skilled workers, why is the movement of unskilled workers a crime? Adopting an economic analysis, it is clear that irregular migrants provide labour-receiving States with a pool of workers who are cheap to employ, easy to fire, and who …
Interdicting Vessels to Enforce the Common Interest: Maritime Countermeasures and the use of Force
Can the law of countermeasures be used to police the high seas? The freedom of the high seas is guaranteed by the immunity of a State's flag vessels from interference by the public vessels of other States, subject to limited exceptions. However, this rule of non-interference may shield those engaged in unregulated or illegal fishing or transporting weapons of mass destruction and their precursors. This article argues that while such conduct may b…
Faustin Z. Ntoubandi, Amnesty for Crimes against Humanity under International Law
There is certainly a need for a general work on the compatibility of amnesties with obligations to prosecute and punish under international criminal law. This study, however, is ostensibly restricted to amnesties for crimes against humanity in the context of transitional justice in post-conflict or post-dictatorial societies (at 1–2). The author pursues an unclear path towards his goal. Chapter 1 provides only a brief introduction to transitional…
Ii. Piracy Off Somalia: Un Security Council Resolution 1816 and Imo Regional Counter-Piracy Efforts
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Shipping Interdiction and the Law of the Sea
Transnational Criminal Law as a Governance Strategy in the Global Labour Market: Criminalizing Globalization from Below
This article examines the consequence of treating irregular labour migration as a criminal law issue, rather than one of trade or development. If States are increasingly committed to the free movement of goods and skilled workers, why is the movement of unskilled workers a crime? Adopting an economic analysis, it is clear that irregular migrants provide labour-receiving States with a pool of workers who are cheap to employ, easy to fire, and who …
Counter-Piracy Law Enforcement and Human Rights
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Piracy and Armed Robbery at Sea: The Legal Framework for Counter-piracy Operations in Somalia and the Gulf of Aden
International law and counter-piracy in the Indian Ocean
International discussion of Somali piracy is now largely conducted in the language of law enforcement, not war or terrorism. The aim of this paper is to explain in a brief and practical way to non-lawyers the relevant legal categories and controversies surrounding Somali piracy and to suggest why the response to piracy has remained in the law enforcement ‘box’. It does this by considering piracy through the lens of four legal ‘paradigms’: the law…
Prosecuting Somali Pirates: A Critical Evaluation of the Options
Journal Article Prosecuting Somali Pirates: A Critical Evaluation of the Options Get access Douglas Guilfoyle Douglas Guilfoyle * * BA (Hons), LLB (Hons) (ANU), LLM, PhD (Cantab); Solicitor (New South Wales, non-practising); Senior Lecturer, University College London. [[email protected]] Search for other works by this author on: Oxford Academic Google Scholar Journal of International Criminal Justice, Volume 10, Issue 4, September 2012, Pages…
Provisional Measures and the MV Arctic Sunrise
On September 18, 2013, several Greenpeace activists, bearing ropes and posters, attempted to board a Gazprom oil platform, the Prirazlomnaya, in the Exclusive Economic Zone (EEZ) of the Russian Federation. They did so in inflatable craft launched from a Greenpeace vessel, the Netherlands-flagged MV Arctic Sunrise . They were soon arrested by the Russian Coast Guard. The following day, armed agents of the Russian Federal Security Service boarded t…
The ICC pre-trial chamber decision on jurisdiction over the situation in Myanmar
The transfer and deportation of ethnically Rohingya people from Myanmar into Bangladesh is a crime against humanity demanding an international response. What role, however, should the International Criminal Court (ICC) play? On 6 September 2018 an ICC Pre-Trial Chamber ruled that the Court has jurisdiction to investigate and prosecute such crimes as they are completed on the territory of a State party, Bangladesh. Myanmar is not a party to ICC St…
The rule of law and maritime security: Understanding lawfare in the South China Sea
Does the rule of law matter to maritime security? One way into the question is to examine whether states show a discursive commitment that maritime security practices must comply with international law. International law thus provides tools for argument for or against the validity of certain practices. The proposition is thus not only that international law matters to maritime security, but legal argument does too. In this article, these claims w…
Maritime Autonomous Vehicles: New Frontiers in the Law of the Sea
The ongoing development of diverse maritime autonomous vehicles for varied ocean activities—ranging from scientific research, security surveillance, transportation of goods, military purposes and commission of crimes—is prompting greater consideration of how existing legal frameworks accommodate these vehicles. This article brings together the core legal issues, as well as current developments in relation to commercial shipping, the law of naval …
Ejil Roll of Honour; 2021 Ejil Peer Reviewer Prize; Changes in the Masthead; Germany v Italy: Jurisdictional Immunities – Redux (and Redux and Redux); 10 Good Reads; Rabia Balkhi – The Legacy of a Med…
Commentary: China in the Maritime Pacific
Lawships or warships? Coast guards as agents of (in)stability in the Pacific and South and East China Sea
The Final Frontier of Cyberspace: The Seabed Beyond National Jurisdiction and the Protection of Submarine Cables
Cyberspace is now acknowledged not only as the newest domain of warfare, but also as a space vital to economic, educational and cultural development for all States. This thin consensus ignores the fundamental fact that the backbone of cyber infrastructure—submarine telecommunication cables—is not (for the large part) located within sovereign territorial jurisdiction. The radically increased reliance of States upon submarine data cables emphasises…
Douglas Guilfoyle, Review of Ian Urbina, The Outlaw Ocean: Crime and Survival in the Last Untamed Frontier
The Extent and Legitimacy of the Judicial Function in Unclos Dispute Settlement
This article examines reactions to the South China Sea and Chagos Marine Protection Area arbitrations under the United Nations Convention on the Law of the Sea (UNCLOS), in particular concerns about the potential widening of Part XV jurisdiction and its impact on the dispute resolution system's consent basis. It argues that assessing the impact of such cases involves a characterization of both the function of Part XV and of international judges. …
The Australia-Tuvalu Falepili Union Treaty: Statehood and Security in the Face of Anthropogenic Climate Change
On November 9, 2023, Prime Minister Albanese of Australia and then Prime Minister Natano of Tuvalu signed the Australia-Tuvalu Falepili Union Treaty in Rarotonga (Falepili Union Treaty or the Treaty). The preamble explains that “the concept of Falepili . . . connotes the traditional values of good neighbourliness, duty of care and mutual respect.” It sets a groundbreaking precedent for Small Island States threatened by rising sea-levels, addressi…
Political science (19 works) · Law (15 works) · Law (15 works) · International law (12 works) · Maritime Security and History (12 works) · International Maritime Law Issues (11 works) · Sociology (10 works) · Business (8 works) · International Law and Human Rights (7 works) · Computer Science (6 works)