Vacancy: Research Assistant at University of Gothenburg

The Department of Law at University of Gothenburg is currently advertising for a Research Assistant (temporary 6 months, 80-100% position) who will work on a project, entitled, Smart Port Enforcement: The Prevention of Marine Pollution by Algorithm. Applications are welcome until 9 May 2024. For more information see here.

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EU/UK: Fisheries Dispute Settlement Proceedings initiated under Trade & Cooperation Agreement

Following public consultations in 2023 on sandeel fisheries management in English and Scottish waters, on 31 January 2024 the UK government announced its “decision to prohibit the fishing of sandeels within English waters of ICES Area 4 (North Sea)”, effective 26 March 2024. On 1 February 2024, the Sandeel (Prohibition of Fishing) (Scotland) Order 2024 was also made (effective 26 March 2024), providing that “[f]ishing for sandeel is prohibited within the Scottish zone”. The measures applies to all vessels of any nationality and took effect prior to the start of the sandeel fishing season on 1 April 2024. The stated aims of the prohibitions are to bring “about wider environmental and ecosystem benefits”, by reference to sustainable fisheries management, the protection of sensitive marine species and the precautionary approach to the protection of marine ecosystems.

On 16 April 2024, the EU submitted a written request for consultations with the UK under the dispute settlement mechanism of the EU-UK Trade and Cooperation Agreement (TCA) regarding the UK’s decision to prohibit the fishing of sandeel in UK waters. The EU states the “measure[s] significantly restricts access for EU vessels to this fishery. The EU questions the compatibility of the full and permanent closure of the fishery with the principles and obligations under the TCA”. Sandeels are a shared stock (TCA Annex 35, #57), for which an agreed allocation of the share of the total allowable catch for 2024 was agreed 11 December 2023 (3.11% UK/96.89% EU), followed by the tonnes of total allowable catches signed 12 March 2024. Note, since 2021 the UK has not allocated the UK quota for English waters nor Scottish waters to any UK vessels. This is the first formal initiation of dispute settlement proceedings under the TCA dispute settlement mechanism. If consultations are unsuccessful, arbitration before an arbitral tribunal may be initiated.

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ICJ: Written Statements in Obligations of States in Respect of Climate Change AO

On 12 April 2024, the information department of the ICJ provided an update (PR No. 2024/31) on the previously reported written statements round in respect of Obligations of States in respect of climate change (Request for an Advisory Opinion). It reported a record-breaking 91 written statements being filed with the ICJ Registry, namely 88 statements within the time-limit set and 3 authorised late filings (in order of receipt):

Portugal; the Democratic Republic of the Congo; Colombia; Palau; Tonga; the Organization of the Petroleum Exporting Countries; the International Union for Conservation of Nature; Singapore; Peru; Solomon Islands; Canada; the Cook Islands; Seychelles; Kenya; Denmark, Finland, Iceland, Norway and Sweden (jointly); the Melanesian Spearhead Group; the Philippines; Albania; Vanuatu; the Federated States of Micronesia; Saudi Arabia; Sierra Leone; Switzerland; Liechtenstein; Grenada; Saint Lucia; Saint Vincent and the Grenadines; Belize; the United Kingdom of Great Britain and Northern Ireland; the Kingdom of the Netherlands; the Bahamas; the United Arab Emirates; the Marshall Islands; the Parties to the Nauru Agreement Office; the Pacific Islands Forum; France; New Zealand; Slovenia; Kiribati; the Pacific Islands Forum Fisheries Agency; China; Timor-Leste; the Republic of Korea; India; Japan; Samoa; the Alliance of Small Island States; the Islamic Republic of Iran; Latvia; Mexico; South Africa; Ecuador; Cameroon; Spain; Barbados; the African Union; Sri Lanka; the Organisation of African, Caribbean and Pacific States; Madagascar; Uruguay; Egypt; Chile; Namibia; Tuvalu; Romania; the United States of America; Bangladesh; the European Union; Kuwait; Argentina; Mauritius; Nauru; the World Health Organization; Costa Rica; Indonesia; Pakistan; the Russian Federation; Antigua and Barbuda; the Commission of Small Island States on Climate Change and International Law; El Salvador; the Plurinational State of Bolivia; Australia; Brazil; Viet Nam; the Dominican Republic; Ghana; Thailand; Germany […] Nepal; Burkina Faso; and The Gambia.

PR No. 2024/31, p. 1

This completes the first round of written submissions. Pursuant to Article 66(4) of the ICJ Statute and the Order of 15 December 2023, a second round of written submissions will now occur until 24 June 2024 (unless extended). States and organizations having presented written statements may submit written comments on the other written statements. Pursuant to Article 106 of the Rules of Court, the Court may decide to make the written statements accessible to the public on or after the opening of the oral proceedings in the case.

Pursuant to Article 105(b) of the Rules of Court, the ICJ may decide whether oral proceedings shall take place at which statements and comments may be submitted. To-date, the orders of the ICJ have reserved the subsequent procedure for further decision. Nonetheless, press releases by States (Tonga) and the ICJ (PR No. 2023/20) anticipate oral proceedings. All States and organizations invited to submit written statements are then invited to make an oral statement at public sittings held on dates fixed by the Court, whether or not they have participated in the written phase.

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Book Launch: Regulation of Offshore Renewable Energy Activities

The Centre for International Law (National University of Singapore) will host a book launch event for Dawoon Jung’s The 1982 Law of the Sea Convention and the Regulation of Offshore Renewable Energy Activities within National Jurisdiction (Brill, 2023), 23 April 2024, online. For more information see here.

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Competitions: 2024 China ILOSMCC

Wuhan University China Institute of Boundary and Ocean Studies (CIBOS) and the Chinese Society of the Law of the Sea (CSLOS) announced the new edition of the China International Law of the Sea Moot Court Competition (2024 CHINA ILOSMCC). The oral rounds of the competition have been scheduled to take place on 2-3 November 2024 at Wuhan University. Further information is available here.

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Call for Papers: Protection of Maritime Critical Infrastructure and Seabed

The NATO Maritime Security Centre of Excellence (MARSEC COE) will host its 4th Maritime Security Conference, themed, Protection of Maritime Critical Infrastructure and Seabed27–28 June 2024, at MARSEC COE (Istanbul, Türkiye). Abstracts are welcome until 12 April 2024. For more information see here.

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Russia: Remarks on the Delineation of Extended Continental Shelf Limits by the USA

On 18 March 2024 the Permanent Representative of the Russian Federation to the International Seabed Authority stated its position on the question of delineating the outer continental shelf limits of Non-Parties to the United Nations Convention on the Law of the Sea, more specifically the previously reported practice of the USA concerning its announcement of outer limits. The Russian statement objects to the US announcement of outer continental shelf limits without the USA first obtaining recommendations from the Commission on the Limits of the Continental Shelf, upon which final and binding boundaries can be established (UNCLOS, Art 76(8)). Russia also raises concerns regarding application of Article 82 of UNCLOS concerning the payments or contributions in kind with respect to the exploitation of the extended continental shelf. The statement concludes:

[T]he Russian Federation declares that it does not recognise the outer limits of the continental shelf that were unilaterally established by the United States.

Doc No. 545-25-03-2024, https://mid.ru/en/foreign_policy/news/1940722/

The USA’s position on possible submission to the Commission on the Limits of the Continental Shelf, as detailed in the Executive Summary (2023) is:

The United States has prepared a package of data and documents on its continental shelf limits for submission to the Commission on the Limits of the Continental Shelf […] The United States will file its submission package with the Commission upon accession to the Convention. The United States is also open to filing its submission package with the Commission as a non-Party to the Convention.

Executive Summary (2023), p. 6

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Singapore/Indonesia: 2022 Expanded Framework Agreements Enter into Force

As provided for under the Exchange of Letters (25 January 2022) and following realignment (2) of the flight information regions, the 2022 Expanded Framework Agreements simultaneously entered into force (2) on 21 March 2024, namely the 2022 Agreement on the Realignment of the Boundary between the Jakarta Flight Information Region and the Singapore Flight Information Region, the 2022 Treaty for the Extradition of Fugitives, and the 2007 Defence Cooperation Agreement.

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ISA: Report of the Secretary-General on the Nauru Ocean Resources Inc Incident of 2023

On 19 March 2024 an advanced unedited report of the Secretary-General of the ISA was released, entitled, Incidents in the NORI-D contract area of the Clarion-Clipperton Zone, 23 November to 4 December 2023 (ISBA/29/C/4/Rev.1). The 2024 Secretary-General Report seeks to provide additional information so as to facilitate the invitation to the ISA Council to address the incidents in the NORI-D Contract Area during Part I of the 29th Session (18-29 March 2024), including if further actions under Article 162 of UNCLOS are warranted (see, Statement by the President and Vice-Presidents of the Council on recent incidents in the NORI-D Contract Area (15 December 2023), para. 5). The report refers to the responsibilities of the Council to supervise ‘activities’ in the Area (UNCLOS, Article 162) as well as the responsibilities of the Secretary-General to assist the Council and to “act promptly and efficiently in the interests of the Authority and to protect the Authority’s rights” (referencing implied competencies) (2024 Secretary-General Report, para. 2).

Furthermore, the 2024 Secretary-General Report states:

The Secretary-General recalls that the immediate measures were intended to call for and facilitate the swift and efficient resolution of the situation unfolding in the NORI-D contract area, and their purpose was not to impose “orders” on any party. The Secretary-General, as the chief administrative officer of the Authority, is fully entitled to call upon any party causing interference with contractual rights granted by the Authority to cease such interference.

2024 Secretary-General Report, para. 9.

Concerning the adjudicative jurisdiction of the Netherlands, the Secretary-General argues:

The [previously reported preliminary relief judgment] finding rests on the implied premise that the Amsterdam District Court has jurisdiction over alleged protests interfering with activities in the Area. While the application by NORI to the Amsterdam District Court, subject to the relevant rules of Dutch law, may be regarded as consent to such jurisdiction, it is concerning that the Amsterdam District Court did not address the issue of the Authority’s competence over the matter at length. To the extent that the Court’s decision touches upon the role of the Authority, its position appears to be thinly reasoned and vague. The Secretary-General invites the Council to consider the implications of the decision, in the light of the relevant provisions of the United Nations Convention on the Law of the Sea conferring upon the Authority the competence to control activities in the Area;
[…]
The Court’s decision disposed of the matter as between NORI and Greenpeace, upon the application and submission by NORI to the jurisdiction of the Court, but the Authority was not party to the proceedings culminating in the Court’s decision. Consequently, the measures of the Authority could not have formed, and did not form, the subject matter of the proceedings before the Amsterdam District Court. In any event, the courts of Member States do not have jurisdiction to adjudicate on the measures of the Authority or its organs (let alone in circumstances where the Authority or its organs do not even participate in any capacity in the court proceedings), or to sanction conduct that interferes with the rights and interests of the Authority. Consequently, the Amsterdam District Court had no jurisdiction to make any pronouncement as to whether the immediate measures had legal basis or carried legal effects.

2024 Secretary-General Report, paras. 11(c) and 18.

Concerning the scope of actors subject to immediate measures, the position of the Secretary-General is:

The Secretary-General notes that the regulations on prospecting and exploration for polymetallic nodules in the Area do not impose any a priori constraint on the categories of immediate measures which the Secretary-General may promulgate, or on the legal effect of such immediate measures. Contrary, therefore, to the suggestions of Greenpeace, the Secretary-General had the authority to promulgate the immediate measures and to address certain provisions of the immediate measures specifically to Greenpeace considering the interference caused to the rights and obligations pertaining to the contract signed between the Authority and NORI.

2024 Secretary-General Report, para. 19.

The position of the Secretary-General concerning the rationale and basis for the promulgation of immediate measures of a temporary nature are addressed in the Interim Report on the Immediate Measures of the Secretary-General of the Authority dated 27 November 2023 (4 December 2023) and Second Report on the Immediate Measures of the Secretary-General of the Authority dated 27 November 2023 (12 January 2024). The 2023 Interim Report suggests the Greenpeace activities prevented NORI and TOML activities as well as “preventing the Authority from accessing critical environmental data as to the post-disturbance impacts of the collection system one year after the test of the system” (paras. 3, 17). In particular, on promulgating immediate measures:

[G]iven the reported refusal of the Arctic Sunrise to maintain a safe distance from the MV Coco, I noted that the contingency measures in place to prevent a threat of serious harm to the environment and avoid the collision of an exploration vessel with other vessels (in accordance with Section 6 of Appendix II of the Contract) were constrained by a series of factors pertaining to the refusal of Greenpeace to follow the call of NORI addressed to them.
[…]
I was compelled to conclude, on a prima facie basis, that the circumstances unfolding in the NORI-D Contract Area presented a serious threat to the safety of life at sea and potential threat to the marine environment. Since Greenpeace did not deny that it had disregarded the warnings of the MV Coco concerning a minimum safe distance between vessels, and considering the fact that the MV Coco deploys equipment on the seabed, I further concluded that the issuance of immediate measures was necessary to prevent a threat of serious harm to the marine environment from materializing. The standard clauses in Annex IV of the Regulations (Section 6) provide that warnings issued to avoid a situation where another vessel is about to enter the immediate vicinity of the contractor’s vessel are measures aimed precisely at the prevention of environmental harm. Consequently, the fact that such warnings, provided for in the Regulations, were not complied with, means that a key measure devised to avoid environmental harm was ignored by the crew of the Artic Sunrise.

2023 Interim Report, paras 4,7; see further Second Report, para. 17.

The report proceeds to state immediate measures of a temporary nature are taken on an “assessment of the facts alleged proceeded on a prima facie basis” and with due regard to the precautionary approach (2023 Interim Report, paras 8-9). The Secretary-General invites the Council to consider Articles 87, 138-139, 146, and 157 of UNCLOS in addressing the events and the rights and responsibilities of various actors (2023 Interim Report, para. 37).

Annex IV of the Second Report includes a previously unpublished Note Verbale from the Netherlands of 15 December 2023 (Ref: Min-BuZa.2023.20081-42), suggesting a difference of opinion between the Netherlands and the Secretary-General of the ISA concerning the interpretation and application of the UNCLOS framework.

First, on the promulgation of immediate measures of a temporary nature under Regulation 33(3) of the Regulations on Prospecting and Exploration for Polymetallic Nodules, the Netherlands “expresses its concern to the approach of the Secretary-General that is not in conformity with Regulation 33” (Ref: Min-BuZa.2023.20081-42, p. 6). This is on the basis that (a) the facts and circumstances do not qualify as a situation envisaged under that provision and (b) immediate measures of a temporary nature are limited to prevent, contain and minimize serious harm or threat of serious harm to the marine environment. In response, the observations of the Secretary-General of the ISA notes the “intrinsic link between the safety of navigation and the prevention of threats of serious harm to the marine environment” and the possibility that a breach of certain obligations of the Authority towards contractors may expose the Authority to liability (Second Report, para. 17).

Second, on the right of protest at sea, the Netherlands refers to the affirmation in The Arctic Sunrise Arbitration (Netherlands v. Russia) and the balance between having due regard to activities in the Area with the tolerance of some level of nuisance through civilian protest (Ref: Min-BuZa.2023.20081-42, p. 5). The lawfulness of protest actions at sea must be considered on a case-by-case basis, with any restrictions taking account of international human rights law and the law of the sea. The flag state jurisdiction of the Netherlands includes adjudicatory jurisdiction to determine the limits of the right to protest at sea, including in the vicinity of and aboard foreign vessels. The view of the Secretary-General of the ISA, however, differs:

“While the Kingdom of the Netherlands has jurisdiction over the Arctic Sunrise, it is not within the jurisdiction of the Kingdom of the Netherlands to authorize any interference with exploration activities of Contractors, let alone to define the circumstances in which any interference with contractors’ rights is permissible (whether on the basis of a “right to protest” or otherwise). These matters are squarely within the competence of the Authority, consistent with Article 153(4) of UNCLOS. As such, I consider that a unilateral endorsement of interferences with activities under the control of the Authority, such as the scientific campaign of NORI, encroaches upon the competences conferred on the Authority”.

Second Report, para. 17

Third, the Secretary-General supports the application of a 500m safety zone to the M/V Coco, a vessel, on the basis “the deployment of scientific equipment in support of scientific activities, conducted pursuant to an exploration contract granted by the Authority, is fully consistent with the objectives of Article 260 and UNCLOS” (2023 Interim Report, para. 22). The Second Report further points to IMO practice concerning safety zones around offshore installations and structures, some state practice on vessels, and an apparently unlimited discretion of the Secretary-General in determining the scope of ‘appropriate measures’ under Regulation 33 (Second Report, para. 17). By contrast, the Netherlands considers the M/V Coco a vessel operating as a ship, not an installation covered by the aformentioned Article 260 of UNCLOS. As the Netherlands is not aware of any generally accepted international standards authorising 500m safety or operating zones for ships, the requirement is a request not a mandatory requirement. In any event, as a possible limitation on the right to peaceful protest at sea, such a requirement must fulfil the tests of reasonableness, necessity, and proportionality (Ref: Min-BuZa.2023.20081-42, p. 7).

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Call for Abstracts: ICYMARE 2024

The Bremen Society for Natural Sciences will host the International Conference for Young Marine Researchers 2024 (ICYMARE 2024), 16-20 September 2024, hosted alongside the Bremen Maritime Week. Presentation abstracts are welcome until 15 of April 2024, including from a law of the sea perspective in several sessions. The call for abstracts targets Bachelor, Master, and PhD candidates.

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Netherlands: Investigation Report on Nauru Ocean Resources Inc Incident of 2023

In March 2024, the Ministry of Foreign Affairs of the Netherlands submitted a Note Verbale (Ref: Min-BuZa.2O242O479-12) (14 March 2024) to the International Seabed Authority (ISA) concerning the previously reported Nauru Ocean Resources Inc Incident of 2023 (see previously, here, here and here). Enclosed therein was a report of the “investigation by the Human Environment and Transport inspectorate [ILT] into the events related to the actions by Greenpeace International carried out from the Dutch flagged vessel MV Arctic Sunrise in the vicinity and on board the Danish flagged vessel MV Coco, operated by Nauru Ocean Resources Inc (NORI), from 22 November to 4 December 2023” [Note Verbale (Ref: Min-BuZa.2O242O479-12), p. 1].

The investigation was conducted following, among other reasons, a notification from Nauru to the Netherlands under Article 94(6) of UNCLOS, requesting “an immediate investigation by the Netherlands of the conduct of the MV Arctic Sunrise and for all necessary action to be taken by the Netherlands to ensure compliance by the MV Arctic Sunrise with the immediate measures and any future measures issued by the Authority” [ILT, Investigation M.V. Arctic Sunrise, para. 2]. The investigation concerned the safety aspects of the actions of MV Arctic Sunrise and kayaks launched from thereon, but not the safety aspects of the presence of Greenpeace International protesters onboard the MV Coco [ILT, Investigation M.V. Arctic Sunrise, para. 10].

Of interest in the context of the previously reported immediate measures of a temporary nature under Regulation 33(3) of the Regulations on Prospecting and Exploration for Polymetallic Nodules, two findings of the investigation are noteworthy:

11. The Inspectorate has not been made aware of any danger of oil spills originating from the kayaks or other dangers to the marine life. In any event, it is very unlikely that an event could have unfolded as a result of these hazards, that would have had the severity or magnitude to cause a serious impact on the marine environment. Therefore, the Inspectorate will not include the danger to marine life or the environment in this investigation.
[…]
17. With respect to the purported requirement of maintaining a safety or operating zone of 500 meters around the MV Coco, the Inspectorate found no (legal) basis, whether under the (provisions of the) 1972 Convention on the International Regulations for Preventing Collisions at Sea (COLREGS) or otherwise, for prescribing and maintaining a safety or operating zone of 500 meter around the MV Coco. It refers to the position of the Government of the Netherlands as expressed in its Note verbale to the Secretariat of the International Seabed Authority, MinBuZa.2023.20081-42 dated 15 December 2023.

[ILT, Investigation M.V. Arctic Sunrise, paras. 11 and 17]

Based on the results of the investigation and taking into account the previously reported Dutch court proceedings, the Ministry of Infrastructure and Water Management of the Netherlands reaffirmed the right to peaceful protect at sea, but will continue discussions with Greenpeace International to observe relevant international safety standards, including Resolution MSC.303(87) (2010) of the IMO Maritime Safety Committee [Note Verbale (Ref: Min-BuZa.2O242O479-12), p. 2]. In particular, the manoeuvres of the MV Arctic Sunrise were not dangerous or unlawful, nor did they compromise the safety of navigation. However, the positioning of “Greenpeace activists in kayaks at the stern of the MV Coco created [avoidable] safety hazards towards these activists” [ILT, Investigation M.V. Arctic Sunrise, paras. 13 & 16].

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Dispute Concerning Detention of Ukrainian Naval Vessels/Servicemen, Decision on Challenges

The Arbitral Tribunal (UNCLOS, Annex VII) in respect of the Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen (Ukraine v. the Russian Federation), PCA Case No. 2019-28, issued its Decision on Challenges on 6 March 2024. In accordance with Article 19(1) of the Rules of Procedure (22 November 2019) and Paragraph 7 of Procedural Order No. 8 (15 December 2023), the Decision on Challenges is issued by the three unchallenged Members by majority vote [Decision on Challenges, para. 1].

On 17 October 2023 the Russian Federation brought to the Arbitral Tribunal’s attention the fact that Professor McRae and Judge Wolfrum had voted, as members of the Institute of International Law (IDI), in favour of the Declaration of The Institute of International Law on Aggression In Ukraine (1 March 2022), arguing this raised impartiality concerns contrary to Sections 4.7-4.8 of the Terms of Appointment (22 November 2019) [Decision on Challenges, paras. 27, 31]. The Russian Federation submitted its Statement of Challenges on 24 November 2023, requesting the tribunal devise a procedure for deciding on the challenges and requesting the disqualification of Professor McRae and Judge Wolfrum as arbitrators [Decision on Challenges, para. 36]. Procedural Order No. 8 (15 December 2023) established the procedure for a decision on the challenges, while Procedural Order No. 7 (1 December 2023) extended the remaining written submission deadlines and reserved the week of 27 May 2024 for hearings on the merits.

On the standard of independence and impartiality, the Tribunal noted UNCLOS, the Terms of Appointment and the Rules of Procedure “indicate certain general principles pertaining to the qualifications of arbitrators”, while a Tribunal in the Chagos Marine Protected Area Arbitration (Reasoned Decision on Challenge, para. 166) was able to derive the applicable standard for upholding a challenge for lack of independence and impartiality in inter-State arbitration proceeding [Decision on Challenges, para. 87-89]. The “justifiable doubts” standard is an objective standard and the Tribunal agreed with the exhortation to adhere to “the standards applicable to inter-State cases” [Decision on Challenges, paras. 90-92].

The Tribunal continued:

[I]t is the view of the Arbitral Tribunal that it can draw guidance from all materials emanating from bodies called upon to dispense justice with comparable concerns for impartiality, independence and equality of treatment of parties, provided that the Arbitral Tribunal properly examines to what extent any principles or holdings can be appropriately transposed to the interState context.
[…]
[I]n keeping with the established practice of inter-State arbitral tribunals […] The disclosure standard refers to circumstances that are of such a nature that they could give rise to justifiable doubts if their gravity or appreciation in the context of a given case were such as to lead to disqualification […] the significance to be attributed to non-disclosure depends on the circumstances of the case […] failure in this instance was an aberration on the part of two conscientious arbitrators, and does not on its own impact the assessment of their independence and impartiality.

Decision on Challenges, paras. 94-96

On the timelines of the challenges by Russia, the Tribunal noted:

[A] timeliness requirement can be derived from and applied on the basis of the general requirement of good faith, and the international law rules of waiver and acquiescence, both manifestly applicable to arbitral proceedings under Annex VII to UNCLOS. There may also be a stage when bringing such a challenge would impinge on the fair administration of justice and the principles of the equality of the Parties. Such rules […] bar a State from exercising rights that it failed to assert promptly, i.e. that it consciously refrained from exercising within a reasonable period of time.

Decision on Challenges, paras. 98-99

On the specific Challenge to Professor McRae and Judge Wolfrum, the Tribunal decided:

101. Having carefully reviewed the text of the IDI Declaration and the circumstances of its adoption, the Arbitral Tribunal concludes that Professor McRae’s and Judge Wolfrum’s votes in favour of the IDI Declaration raise justifiable doubts as to their impartiality in this arbitration. Accordingly, the Challenges must be upheld.
[…]
103. For the reasons set out above, the three unchallenged Members of the Arbitral Tribunal, with Judge Gudmundur Eiriksson presiding, by two votes to one, uphold the Challenges to Professor McRae and Judge Wolfrum.

Decision on Challenges, paras. 101, 103

Sir Christopher Greenwood attached a Dissenting Opinion (6 March 2024), agreeing with the substantive standards to be applied in deciding on challenges in this case, but disagreeing with its application to the facts of the case. Greenwood posits “The IDI Declaration addressed different events, occurring later in time, and of a fundamentally different character from those with which the Tribunal is concerned. Nor do the rules and principles of international law to which the Declaration refers have any bearing on the decisions which the Tribunal will have to take in the present case.” [Dissenting Opinion, para. 10]. Greenwood also concludes that the challenge was untimely, given Russia’s awareness of the IDI Declaration since Spring of 2022 and its failure in inquire on arbitrators voting records if Russia viewed the IDI Declaration as relevant to proceedings [Dissenting Opinion, paras. 15-19].

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Call for Abstracts: International Law in a Fluid World

The ILA Hellenic Branch will host the 81st Biennial ILA Conference, themed, International Law in a fluid world, 25-28 June 2024 in Athens (Greece). A number of panels and committee presentations are relevant to the law of the sea. There is also a call for abstracts open on 4 angles of the conference, welcoming submissions until 15 April 2024.

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Call for Abstracts: 17th Polar Law Symposium

The 17th Polar Law Symposium, with two themes, Implementation of international minority- and indigenous law at national levels and Governance, resources, security, and jurisdictional issues in the circumpolar area, will be held 23-25 September 2024 at Mid Sweden University (Östersund, Sweden). Abstracts are welcome until 20 April 2024. For more information see here.

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Vacancies: CIL Research Associate

The Centre for International Law (National University of Singapore) is accepting applications for the positions of Research Associate (Oceans Law and Policy). Applications are open until the position is filled.

Clarification: There is currently no Research Fellow position.

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UN Environment Assembly: Resolution on strengthening ocean efforts to tackle climate change, marine biodiversity loss and pollution

The Sixth Session of the UN Environment Assembly (UNEA-6) was held 26 February – 1 March 2024 at the UN Environment Programme (UNEP) Headquarters in Nairobi, Kenya. The Ministerial Declaration (UN Doc UNEP/EA.6/HLS/L.1) welcomed the multilateral achievement in the adoption of the Internationally legally binding agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement) (para. 6). UNEA-6 also adopted a Resolution, entitled, Strengthening ocean efforts to tackle climate change, marine biodiversity loss and pollution (UN Doc UNEP/EA.6/L.18) which provides, among others:

The United Nations Environment Assembly,
[…]
2. Also encourages Member States, as appropriate, to:
(a) Consider to sign and ratify the BBNJ Agreement at the earliest possible date;
(b) Fully and effectively implement the Kunming-Montreal Global Biodiversity Framework adopted by the Conference of the Parties to the Convention on Biological Diversity as appropriate, including its goals and targets relevant to the ocean, and increase efforts at all levels to achieve those goals and targets;
(c) Engage in the ongoing process to develop an international legally binding instrument on plastic pollution, including in the marine environment, with the ambition of completing that work by the end of 2024, as mandated by UNEA resolution 5/14;
(d) Ratify, accept, approve or accede to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter, 1972;
(e) Make significant efforts to tackle ocean acidification and its causes and to further study and minimize its impacts;

Strengthening ocean efforts to tackle climate change, marine biodiversity loss and pollution, para. 2

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Joint Statement Endorsing the Activation of a Maritime Corridor to Deliver Humanitarian Assistance to Gaza

On 8 March 2024, the European Commission, the Republic of Cyprus, the United Arab Emirates, the United States, and the United Kingdom issued a Joint Statement Endorsing the Activation of a Maritime Corridor to Deliver Humanitarian Assistance to Gaza. As the Joint Statement notes, “Cyprus’ leadership in establishing the Amalthea Initiative—which outlines a mechanism for securely shipping aid from Cyprus to Gaza via sea—was integral to enabling this joint effort to launch a maritime corridor”, the UAE mobilised support for the Initiative, and the United States announced an emergency mission to establish a temporary pier in Gaza. The first vessel, Open Arms, reportedly departed the port of Larnaca (Cyprus) on 12 March 2024.

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Calls/Events: EISA PEC2024

Deadline for submission of Paper/Panel/Roundtable is 13 March 2024 with the European International Studies Association (EISA) for the 17th Pan-European Conference (PEC) on International Relations that will take place 27-31 August 2024 at the Lille Catholic university in France. One of the standing sections of this year’s event is on Blue Turn – The Politics of Oceans and Polar Regions. See here for further information.

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EU: binding limits for underwater noise pollution set

The European Commission (EC) Directorate-General for Environment has set binding limits for underwater noise pollution (11 March 2024). The measures were developed in the context of the EU Marine Strategy Framework Directive (MSFD) and should be used by Member States when they update their marine strategies under the MSFD, by October 2024. This follows previous recommendations from 2022 (see here). The Commission notice is available here; the annex to the notice sets the additional thresholds as follows:

D11C1 Impulsive noiseFor short-term exposure (1 day, i.e., daily exposure), the maximum proportion of an assessment/habitat area utilised by a species of interest that is accepted to be exposed to impulsive noise levels higher than the Level of Onset of Biologically adverse Effects (LOBE), over 1 day, is 20% or lower (≤ 20%). For long-term exposure (1 year), the average exposure is calculated. The maximum proportion of an assessment/habitat area utilised by a species of interest that is accepted to be exposed to impulsive noise levels higher than LOBE, over 1 year on average, is 10% or lower (≤ 10%).
D11C2 Continuous noise20% of the target species habitat having noise levels above LOBE not to be exceeded in any month of the assessment year, in agreement with the conservation objective of the 80% of the carrying capacity/habitat size.
Source: ANNEX – COMMUNICATION FROM THE COMMISSION – Commission Notice on the threshold values set under the Marine Strategy Framework Directive 2008/56/EC and Commission Decision (EU) 2017/848 (document 2024_1268)

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China: Declaration of Straight Baselines in the Northern Gulf of Tonkin

On 1 March 2024, China issued a Statement of the Government of the People’s Republic of China on the Baseline of the Territorial Sea in the Northern Gulf of Tonkin, which provides for straight baselines connecting 7 designated base points in the northern waters of the Gulf of Tonkin. The announcement is made pursuant to Article 15 of the Law on the Territorial Sea and the Contiguous Zone (25 February 1992). For further information and context see the previous deposits and submissions of baselines and lines of delimitation to the Secretary-General of the United Nations (UNCLOS 16, 75, 84), as well as the additional relevant material for the publicly available position of other states available here.

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Call for Abstracts: Subsea Cable Security & Resilience

The Valentia Transatlantic Cable Foundation will host the Valentia Island Symposium, themed, Subsea Cable Security and Resilience: Past, Present and Future, 10-12 October 2024 (Valentia Island, Ireland). Abstracts are welcome by 30 April 2024. For more information see here.

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Call for Posts: The Red Sea Crisis and Combat Operations

The Center for International Maritime Security (CIMSEC) will feature a topic week, entitled, The Red Sea Crisis and Combat Operations, 29 April – 3 May 2024, online. Submissions are welcome by 15 April 2024. For more information see here.

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Germany: Carbon Capture & Storage Strategy in the EEZ & Continental Shelf

On 26 February 2024 the Federal Ministry for Economic Affairs and Climate Action (BMWK) of Germany announced key points of its Carbon Management Strategy, which include amendments to the legislative framework to authorise industrial carbon capture and storage or use. Draft amendments to the Carbon Dioxide Storage Act would rename it the Carbon Dioxide Storage and Transport Act and include amendments to provide for industrial carbon capture and storage in the exclusive economic zone (EEZ) or the continental shelf of Germany (Carbon Dioxide Storage Act (Draft Amendment), Sections 2(2)-2(3)), excluding Marine Protected Areas (Carbon Dioxide Storage Act (Draft Amendment), Section 13(9)). A clarified and uniform approval regime for carbon dioxide pipelines is also foreseen (Carbon Dioxide Storage Act (Draft Amendment), Sections 2(1), 3(6)).

The key points also note that Germany intends to ratify the 2009 Amendments to the London Protocol (not yet in force) and will amend its domestic implementing legislation, the High Seas Dumping Act. For more information, see the press release.

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Vacancies: policy officer with DG MARE (EC)

The European Commission’s Directorate-General for Maritime Affairs and Fisheries (DG MARE) has a vacant post (GFIV) for a policy officer supporting the development and implementation of Mission Ocean and waters and Horizon Europe. The post is at the unit for Maritime innovation, Marine Knowledge and Investment. DG MARE is responsible for the development and implementation of the Integrated Maritime Policy as well as for the development, implementation and monitoring of the Common Fisheries Policy. Closing date is 21 March 2024; further details here.

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Vacancies: Research Chair in Clean Arctic Shipping at Dalhousie University

The Schulich School of Law, Dalhousie University (Canada) invites applicants for nomination for a Tier 1 Canada Research Chair in “Clean Arctic Shipping” at the rank of Associate or Full Professor. The proposed chair will become a member of Schulich Law’s Marine and Environmental Law Institute. Applicants must have a background in maritime law, ocean law, or a related field in the Arctic context. Expertise or interest in Canadian or international law as it relates to Indigenous peoples, or in Inuit law, is an asset. They will join a team at the Marine and Environmental Law Institute leading research on the governance of Arctic shipping through the Qanittaq Clean Arctic Shipping Initiative. The project aims to address and respond to the increase in Arctic shipping and related environmental impacts affecting Arctic communities, and to support Inuit communities’ needs for safe and cost-efficient shipping. Closing date is 25 April 2024; see further details here.

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Conference: Jurisdiction at sea and protection of human rights

The European and international Human Rights at Sea (EHRAS) project will host a hybrid conference, entitled, Jurisdiction at sea and protection of human rights, 7 March 2024, at Università degli Studi di Milano Bicocca (Italy/Online). For more information see here.

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CMS: COP14 Resolutions & Decisions including Deep-Sea Mining; Marine Pollution; FADs

The Fourteenth Meeting of the Conference of the Parties to the Convention on the Conservation of Migratory Species of Wild Animals (COP14) was held 12-17 February 2024 in Samarkand (Uzbekistan). A number of resolutions and decisions relevant to ocean governance were considered (including amendments) and adopted, such as on Bycatch; Fish Aggregating Devices; Maltreatment and Mutilation of Seabirds in Fisheries; Marine Pollution; Plastic Pollution and Deep-Sea Mining. Concerning the latter, on 1 February 2024 the Secretary General of the International Seabed Authority submitted a letter in response to the draft decision. As reported in Earth Negotiations Bulletin ‘significant discussions’ took place following a proposed amendment by Germany to add “or support” to paragraph 3:

The Conference of the Parties to the Convention on the Conservation of Migratory Species of Wild Animals
[…]
3. Urges Parties not to engage in, or support, deep-seabed mineral exploitation activities until sufficient and robust scientific information has been obtained to ensure that deep-seabed mineral exploitation activities do not cause harmful effects to migratory species, their prey and their ecosystems;

4. Encourages Parties to ensure that the impacts of deep-seabed mineral exploitation activities on migratory species, their prey and their ecosystems are fully considered in the development and implementation of any regulatory framework under national legislation and under the ISA for deep seabed mineral exploitation activities, in accordance with the precautionary approach, to ensure the conservation of migratory species;

Deep-Seabed Mineral Exploitation Activities And Migratory Species (UNEP/CMS/COP14/CRP27.2.4/Rev.1)

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Calls/Competitions/Journals: Ocean Yearbook vol. 39

The Ocean Yearbook co-editors are seeking manuscripts for Ocean Yearbook Volume 39, to be published in June 2025 by Brill Nijhoff Publishers. Editorship of the Ocean Yearbook is a cooperative effort of the International Ocean Institute and the Marine & Environmental Law Institute at Schulich School of Law. The official annual deadline for manuscript submissions is 31 March; however, the co-editors will accept submissions up till 5 July 2024. Please see additional information in the annual Call for Papers and the Student Paper Prize announcements .

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Vacancy: Short-Term Legal Consultant at World Bank

The Environmental and International Law Practice Group (LEGEN) of the World Bank is currently advertising for a Short-Term Legal Consultant: Ocean Governance and International Law Specialist. Applications will be accepted until the position is filled, but are encouraged before 7 March 2024. For more information see here and the terms of reference.

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Vacancies: PhD student at CNRS (France)

The French National Centre for Scientific Research (French: Centre national de la recherche scientifique, CNRS) has two vacancies for PhD students with focus on marine biodiversity, from a philosophical, sociological or legal angle. The two PhD students will be recruited by the CNRS at the Institut Nicod for the MEDiverSEAty project. See further in the call on “A broadly operationalizable notion of (marine) biodiversity” and in the call on “Representation of Biodiversity in coastal and non-coastal populations”. Deadline for applications is 27 and 28 February 2024, respectively.

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Vacancies: programme coordinator (BBNJ Agreement) at UN OLA

The Office of Legal Affairs at the United Nations is searching for a programme coordinator to a project for the promotion of a better understanding of the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement), in particular to strengthen capacities of developing States toward becoming parties to the BBNJ Agreement and implementing it. The project, to be implemented by the Division pursuant to General Assembly resolution 77/321 and in the context of its capacity-building mandate, will seek to address critical capacity barriers at the regional and national levels in becoming parties to the Agreement and for its implementation. The Programme Coordinator will engage in programme management, liaison, communications and reporting to manage the Project and assist in its implementation. Deadline for applications is 15 February 2024. See further at UN Careers.

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Call for Abstracts: Law-Science Interfaces within the Law of the Sea & Fresh Water Law

The Grotius Centre for International Legal Studies (Leiden University) will host a conference, entitled, H2OLAW – Law-Science Interfaces within the Law of the Sea and Fresh Water Law, 26-27 September 2024, at Leiden University (The Netherlands). Abstracts are welcome until 31 March 2024. For more information and submissions see here.

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Conference: The Presence of International Organizations in the Evolution of the International Law of the Sea

The Faculty of Law of the University of A Coruña will host an international conference, entitled, The Presence of International Organizations in the Evolution of the International Law of the Sea: Thirty Years Since the Entry Into Force of UNCLOS, 23 February 2024 (A Coruña, Spain). For more information see here.

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Symposium: Law of the Sea – Climate Change & Other Recent Developments

The Lauterpacht Centre and the Institute of Juridical and Political Sciences (University of Lisbon) will host a symposium, entitled, Law of the Sea: Climate Change and Other Recent Developments, 6 March 2024, at the Lauterpacht Centre (Cambridge, UK). For more information see here.

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Philippines/Vietnam: MOU on maritime cooperation signed

Representatives of the Philippine Coast Guard and of Vietnam Coast Guard have formally signed a memorandum of understanding (MOU) on maritime cooperation in Hanoi, Vietnam, on 30 January 2024. The MOU strengthens the two parties’ understanding, mutual trust, and confidence by developing a Joint Coast Guard Committee to discuss common issues and interests and to establish a hotline communication mechanism. After the signing of the MoU, both entities are expected to hold the first bilateral meeting in April 2024, in Vietnam. See further in: press release from Philippine Coast Guard, press release from the Government of the Philippines, press release from the Government of Vietnam (in Vietnamese), and press release from Vietnam Coast Guard (in Vietnamese).

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Calls/Events: Les vagues (The waves)

The Société Française pour le Droit de l’Environnement, together with the Centre Jean Bodin and the Centre de Recherche Versailles Saint-Quentin Institutions Publiques, are hosting an academic event to discuss the legal approach to the management of sea waves as a resource (Les vagues : réflexions juridiques sur la gestion d’une «ressource » singulière). The event shall take place on 14 June 2024 at Sables d’Olonne (France). Deadline for submission of one-pager proposals (in French or in English) is 31 March 2024. Further details here.

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Vacancies: researcher in marine and coastal governance at NIVA

The Norwegian Institute for Water Research (NIVA) is looking for two researchers / senior researchers / senior advisors with competence and experience in marine and coastal governance and management. The section is engaged in various projects such as CrossGov (policy coherence and cross-compliance), C-Blues (blue carbon), BlueMissionAA, BlueGreen Governance, and the forthcoming Blue Connect project (Marine Protected Areas). In addition to contributing to the implementation of these research projects, successful candidates are also expected to contribute to the development of new research applications for funding from national and/or European research programs. Application deadline is 18 February 2024. Further details here.

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Norway: Opening of an area on the Norwegian continental shelf for mineral activities

As previously reported, in 2023 the government of Norway formally proposed the opening up of the Norwegian continental shelf to mineral exploration and exploitation activities (see full timeline). On 9 January 2024, the Norwegian parliament positively considered the government’s proposal for the opening of an area on the Norwegian continental shelf for mineral activities, including the adoption of 4 recommendations. Section 1(6) and Section 2 of the Seabed Minerals Act provide that for actors other than the State of Norway, an area must first be opened before exploration or exploitation licences can be granted. According the the Ministry of Energy, a precautionary approach will be adopted and the process of announcing areas for applications and awarding extraction licenses will begin in 2024.

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India: Submission of two exploration work plans to ISA

On 18 January 2024, the Government of India submitted two applications to the International Seabed Authority (ISA) for approval of two plans of work for exploration in the Area. Both applications concern the Central Indian Ocean, (1) exploration for polymetallic sulphides in the Carlsberg Ridge and (2) exploration for cobalt-rich ferromanganese crusts of the Afanasy-Nikitin Seamount, respectively. The applications will be considered by the ISA Legal and Technical Commission (March 2024), with recommendations submitted to the ISA Council which has competence to approve plans of work for exploration in the Area.

The Government of India holds two existing exploration contracts, one for polymetallic nodules (twice extended) and one for polymetallic sulphides respectively. To-date, the ISA has entered into 31 exploration contracts, with 30 in effect (Companhia de Pesquisa de Recursos Minerais S.A. renounced its contractual rights on 28 December 2021).

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Palau: First Ratification of the BBNJ Agreement

On 22 January 2024 Palau became the first state or regional economic integration organization to ratify the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement). This follows the reported completion of the domestic process approving its ratification on 12 December 2023 (House Joint Resolution No. 11-59-12S).

In related news, on 16 January 2024 the Senate and Senate Foreign Relations Committee of Chile approved the BBNJ Agreement, completing the domestic process. Ratification of the BBNJ Agreement by Chile will occur when the instrument of ratification is deposited with the Secretary-General of the United Nations (BBNJ Agreement, Article 66).

The BBNJ Agreement is not yet in force. In accordance with Article 68(1) of the BBNJ Agreement, the BBNJ Agreement “will enter into force 120 days after the date of deposit of the sixtieth instrument of ratification, approval, acceptance or accession”.

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Workshop: Maritime Boundary Delimitation

The Centre for International Law (CIL) of the National University of Singapore (NUS) and the Australian National Centre for Ocean Resources and Security (ANCORS) of the University of Wollongong shall host the 2024 edition of their workshop, Maritime Boundaries Delimitation, 27–29 February 2024 at NUS (Singapore). For more information see here.

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Calls/Events: a multi-disciplinary take on the role of the judiciary in the law of the sea

The Judicial Jurisdiction Project of the Netherlands Institute for the Law of the Sea (NILOS) and the Utrecht University Centre for Water, Oceans and Sustainability Law (UCWOSL) – both part of the School of Law at Utrecht University – is inviting the submission of abstracts for a conference on: A multi-disciplinary take on the role of the judiciary in the law of the sea. The event will be convened in Utrecht (the Netherlands) on 21 and 22 November 2024. The objective is to dissect the judicial jurisdiction of tribunals under the United Nations Convention on the Law of the Sea. By capturing the current state of affairs and potential trends in this respect it is intended to further the discussion on the future role of dispute settlement under the Convention and its impact on the Convention as a whole. Abstracts should be submitted by 29 February 2024. Further details on the event here; the call may be read here.

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Vacancy: Postdoc at Wageningen University and Research

The Environmental Policy Group at Wageningen University and Research is currently seeking a Postdoc researcher on Governance of active and passive deep-sea restoration activities. The successful applicant will be part of a Horizon Europe project entitled ‘Restoration of Deep-sea habitats to Rebuild European Seas’ (REDRESS). Applications are welcome until 7 February 2024. For more information see here.

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Courses: IFLOS Summer Academy 2024

The International Foundation for the Law of the Sea (IFLOS) shall host the 2024 Session of the IFLOS Summer Academy28 July–24 August 2024, at the International Tribunal for the Law of the Sea (Hamburg, Germany). Applications are welcome 1 February–15 April 2024. For more information, see here.

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WTO: Draft text concerning overcapacity & overfishing subsidies

Following previously circulated drafts (WTO Doc. RD/TN/RL/174 (4 September 2023); WTO Doc RD/TN/RL/184 1 December 2023), on 21 December 2023 the chair of the fisheries subsidies negotiations, Ambassador Einar Gunnarsson (Iceland), circulated a draft consolidated chair text, entitled, Draft Disciplines on Subsidies Contributing to Overcapacity And Overfishing, and Related Elements (WTO Doc TN/RL/W/277) and explanatory note (WTO Doc TN/RL/W/277/Add.1). On 15 January 2024, WTO members agreed to use this text as the basis for negotiations, with a target to transmit a clean text to the 13th Ministerial Conference (MC13) for consideration, 26-29 February 2024.

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Calls/Events: Actors in Shipping and Climate Change

The Center for Climate Change Law and Governance (CLIMA) at the Faculty of Law, University of Copenhagen (Denmark) welcomes proposals for paper presentations for the conference ‘International law-making: Actors in shipping and climate change’, which will take place on 27-28 May 2024. The conference aims to explore current developments in the regulation of shipping related climate impacts, including the law-making processes at the international level, the role of actors and the implementation and enforcement of regulatory outcomes. This conference marks the final milestone of the research project InterAct, funded by the Carlsberg Foundation. Proposals should be submitted by 15 March 2024. More details here.

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ITLOS – Nippon Foundation Capacity Building and Training Programme 2024-2025

The ITLOS-Nippon Foundation Capacity-Building and Training Programme on Dispute Settlement under UNCLOSJuly 2024 – March 2025, to be held at ITLOS (Hamburg, Germany), is welcoming applications until 15 March 2024. For more information see the flyer and website

Programme TIDM–Nippon Foundation de renforcement des capacités et de formation 2024-2025

Les personnes intéressées au Programme TIDM-Nippon Foundation de renforcement des capacités et de formation en matière de règlement des différends relatifs à la Convention des Nations Unies sur le droit de la mer, qui se tiendra au TIDM (Hambourg, Allemagne) de juillet 2024 à mars 2025, sont invitées à soumettre leur candidature jusqu’au 15 mars 2024. Pour de plus amples informations, veuillez consulter la brochure et le site Internet

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Competitions: Maritime Governance Innovation Video Contest

The Yokosuka Council on Asia-Pacific Studies (YCAPS) invites individuals and small organizations with innovative ideas to improve Indo-Pacific maritime governance to pitch these ideas via a short video. The most promising innovators will be invited to join a major regional maritime conference in Jakarta where they present their ideas at a large-scale public event organized by Indonesia’s National Research and Innovation Agency (BRIN) and the United States Near East South Asia (NESA) Center for Strategic Studies in Jakarta on 23-25 April 2024. Specific areas of impact could be the fields of community resilience, environmental stewardship, economic growth, infrastructure development, maritime security, among others. The innovations could reflect new policies, new applications of technology, improved legislation, or other changes to human activity at the individual, community, or governmental levels. Impacts of the innovation can be regional, national, or local. Submissions must be received by 28 January 2024. Further details here

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2024 Rhodes Academy of Oceans Law and Policy

The 2024 session of the Rhodes Academy of Oceans Law and Policy has been scheduled for 23 June – 12 July 2024. The deadline to submit an application is 23 April 2024. For more information, fees and application documents please see here. The Academy has a small number of extremely competitive scholarships available that are offered based on high academic merit and financial need.

Furthermore, see the previously reported 2024 Rhodes Academy Submarine Cables Writing Award sponsored by The International Cable Protection Committee the winner of which is awarded a full scholarship to the Rhodes Academy.

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5th GMU Academy on International Fisheries Law

Gujarat Maritime University (GMU) will host its 5th GMU Academy on International Fisheries Law, 29 Jan-3 Feb 2024, online. Fees are waived for foreign participants. For more information see here and registration here.

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