2022 Rhodes Academy of Oceans Law and Policy

The 2022 session of the Rhodes Academy of Oceans Law and Policy has been scheduled for 3-22 July 2022. The deadline to submit an application is 29 April 2022. 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 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. Information on the 2022 Rhodes Academy Submarine Cables Writing Award is not yet available.

Leave a comment

Filed under Courses

Eritrea: Written Notice of IOTC Agreement Withdrawal

On 5 January 2022, the Indian Ocean Tuna Commission (IOTC) Secretariat issued IOTC Circular 2022-01, which includes a Communication (dated, 3 January 2022) from the the Government of the State of Eritrea on its intention to withdraw “its membership in the IOTC indefinitely as of the beginning of the year 2022”. Eritrea states it has “neither been an active member of the organisation nor did it honoured its financial obligations during the last 20 some years due to unfair, unfounded and unjustified sanctions imposed upon it”. Article XXI(1) of the IOTC Agreement provides that “Withdrawal shall become effective at the end of the calendar year following that in which the notice of withdrawal has been received by the Director- General” (i.e., 2023, unless the Commission makes a determination under Article IV(4)).

Leave a comment

Filed under International Organizations, State Practice

The Day of Crisis Competition 2022

The Hague Academy of International Law will host the student competition, Day of Crisis, 29-30 April 2022, in the Hague (The Netherlands). Registration closes 20 January 2022. According to the Intelligence Briefing No 1 of 2021, “themes are related to activities of espionage, fisheries and other maritime activities, causes and consequences of climate change, international investment, and arbitration”. for more information see here.

Leave a comment

Filed under Competitions

Vacancies: Lecturer at Southampton University

The University of Southampton has opened a permanent post in Southampton Law School at the level of Lecturer. Applications are welcome from candidates with an interest in any of the following areas: Insurance Law, Marine Insurance, Carriage of Goods by Sea, Enforcement of Maritime Claims, and Maritime Arbitration. The successful applicant will be expected to join the Institute of Maritime Law. Closing date for applications is 30 January 2022. More information is available here.

Leave a comment

Filed under Vacancies

Webinar: The Conundrum for International Law of Rising Sea Levels

The School of Law (University of Essex) shall host its Essex Public International Law Lecture Series (Spring Term), including, The Conundrum for International Law of Rising Sea Levels17 January 2022 (online).

For more information and registration see here.

Leave a comment

Filed under Events

Jurisprudence: Vanuatu Ferry Ltd v Republic of Vanuatu 

The Supreme Court of the Republic of Vanuatu decided on 10 December 2021 on the case between Vanuatu Ferry Limited and Republic of Vanuatu (Case No. 20/1901 SC/JUDR).

This was a claim for judicial review in relation to decisions by the Director of the National Disaster Management Office (NDMO) and Director of Immigration of Vanuatu to refuse entry into Vanuatu of the claimant’s vessel, the Vanuatu Cargo, a Vanuatu-flagged ship, and its crew. It was held that in the circumstances, the defendant’s refusal to permit food and water to be delivered to the vessel’s crew constituted a breach of its obligations under article 94 of UNCLOS to ensure the safety of crew members at sea and that, accordingly, it was unlawful. The defendant’s decisions also breached article 28 of the IHR.

The full judgment file is available here or here.

Leave a comment

Filed under Jurisprudence

Vacancies: Legal Officer at the International Seabed Authority

The International Seabed Authority (ISA) is looking for a Legal Officer (Regulatory Affairs) to lead the work on the development of regulatory instruments for deep-sea mining in the international seabed Area, including the Mining Code and associated standards and guidelines. Deadline for applications is 30 January 2022 via the UN Careers Portal (here).

Leave a comment

Filed under Vacancies

Call for Papers: International Law & Climate Change

The International Law Association British Branch Annual Spring Conference, themed, International Law and Climate Change, will be held 29 April 2022 in a hybrid format (University of Surrey/Online). The panel on the Impacts of Rising Sea Level on Migration and Statehood, or suggested topics such as emission trading schemes, could be relevant to law of the sea submissions. Abstracts are welcome until 1 February 2022. For more information see the call for papers.

Leave a comment

Filed under Calls, Events

UNGA: Annual Resolutions Adopted on Law of the Sea & Sustainable Fisheries

The United Nations General Assembly (UNGA) adopted two resolutions on the 9 December 2021Resolution 76/72: Oceans and the law of the sea and Resolution 76/71: Sustainable fisheries, including through the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, and related instruments.

Argentina stressed that certain recommendations contained in Resolution 76/72 cannot be considered as applying to states not parties to the 1994 Implementing Agreement, while Turkey voted against adoption, considering Turkey’s consistent objection to the view that UNCLOS has a “universal and unified character” (131 in favour to 1 against (Turkey) with 4 abstentions (Colombia, El Salvador, Nigeria, Venezuela)). Colombia, El Savador and Venezuela also distanced themselves from the universal nature of UNCLOS as non-parties to UNCLOS. Resolution 76/71 was adopted by consensus without a vote. Discussions (2) leading up to adoption include the position of state representatives on numerous topics, with the impacts of sea-level rise, plastic pollution, the South China Sea and discharges in the Fukushima area arising on several occasions.

Leave a comment

Filed under International Organizations, State Practice

Conference: Climate Change, Maritime Law & Ocean Governance

The Hong Kong Commercial and Maritime Law Centre (City University of Hong Kong) shall host a conference, entitled, Climate Change, Maritime Law and Ocean Governance: Foreseeable Conflicts and Legal Remedies, 27-28 January 2022, Online (Zoom). For more information see the programme and registration.

Leave a comment

Filed under Events

Courses: IMLI Course on Law of Ports 2022

The IMO International Maritime Law Institute (IMLI) is hosting a Course on the Law of Ports. This course emphasizes the importance of the work of the IMO for the efficient management of ports and the effective implementation by States of their obligations acquired under international treaties. It addresses many aspects of port operations, as well as numerous areas covered by IMO conventions and prescriptions which are of vital importance to the Law of Ports, including security, safety, marine environment protection, and trade facilitation. Applications are open until 25 January 2022. More information is available here.

Leave a comment

Filed under Courses

Call for Papers: Italia e diritto del mare

The SIDI – Gruppo d’Interesse sul Diritto del Mare will host a conference, entitled, Italia e diritto del mare, 29 April 2022, at the Università di Milano-Bicocca (Milan, Italy). Abstracts are welcome until 10 February 2022. For more information see the call.

Leave a comment

Filed under Calls, Events

Course: Law of the Sea & Climate Change

The Singapore Cooperation Programme shall host an online course, entitled, Law of the Sea and Climate Change, 7-11 February 2022. Nominations (mid- to senior-level government officials working in port and maritime-related roles) from eligible countries are welcome until 10 January 2022.

For more information see here.

Leave a comment

Filed under Courses

ITLOS: The M/T “San Padre Pio” (No. 2) Case (Switzerland/Nigeria), Order 2021/6

Concerning The M/T “San Padre Pio” (No. 2) Case (Switzerland/Nigeria), on 29 December 2021, as per the request of Switzerland to which Nigeria had no objection, the President of the Tribunal in accordance with Article 105 of the Rules of the Tribunal:

Places on record the discontinuance, by agreement of the Parties, of the proceedings initiated on 17 December 2019 by Switzerland and Nigeria; and

Orders that the case be removed from the List of cases

Order 2021/6 of 29 December 2021.

As previously reported, in May 2021 Switzerland and Nigeria concluded a Memorandum of Understanding (MoU) providing for the immediate release of the M/T “San Padre Pio” vessel and the eventual discontinuance of The M/T “San Padre Pio” (No. 2) Case (Switzerland/Nigeria) proceedings, under Paragraph 4 of the MoU, “from the moment that the M/T ‘San Padre Pio’ enters the high seas, or the territorial sea or Exclusive Economic Zone of another State”. As per the letters submitted to the Tribunal in December 2021 by the Agent of Switzerland and the Agent of Nigeria, respectively, on 10 December 2021, the M/T San Padre Pio was released, departed the maritime zones of Nigeria and entered the exclusive economic zone of Bénin (Order 2021/6 paras 11-14). Finally, Paragraphs 5-6 of the MoU are quoted as providing that:

For the sake of clarity, upon the discontinuance of these proceedings, the Provisional Measures Order dated 6th July, 2019, made in: The M/T ‘San Padre Pio’ case (Switzerland/Nigeria) (Case No. 27) will cease to have effect

This agreement constitutes a full and final settlement of the matter relating to the MIT ‘San Padre Pio’ between the Parties

Order 2021/6 para 15

Leave a comment

Filed under Jurisprudence, State Practice

Vacancies: postdoctoral research fellow at Dalhousie University

The Marine Affairs Program at Dalhousie University, in partnership with the Nippon Foundation Ocean Nexus Center at the University of Washington, are hiring a Postdoctoral Research Fellow (PDRF) for a project aiming to evaluate economic security outcomes of public social safety measures in coastal and fishing communities and explore what policy solutions would best support marginalized and under-served populations of the seafood sector. Deadline for applications is 31 January 2022. More information here.

Leave a comment

Filed under Vacancies

Webinar: UNCLOS Dispute Settlement System & ITLOS

The CIL Singapore Academy of International Law (CIL eAcademy) 2021 shall host a guest lecture, entitled, UNCLOS Dispute Settlement System & the International Tribunal for the Law of the Sea (ITLOS), 8 December 2021, Online (Facebook). To watch, see here at 16:00 SGT.

Leave a comment

Filed under Events

Vacancies: assistant professor at the University of Rhode Island

The Department of Marine Affairs in the College of Environment and Life Sciences at the University of Rhode Island is seeking an Assistant Professor of Marine Affairs with expertise in Marine and Coastal Law. Full consideration will be given to applications received by 1 February 2022. More information is available here.

Leave a comment

Filed under Vacancies

Symposium: The Rights and Obligations of States in Disputed Maritime Areas

To mark the publication of Youri van Logchem, The Rights and Obligations of States in Disputed Maritime Areas (Cambridge University Press 2021), the Institute of International Shipping and Trade Law and Cambridge University Press shall host a Virtual Book Symposium, 12 January 2022, online. For more information see here.

Leave a comment

Filed under Events

Vacancy: Regional Legal Advisor at International Committee of the Red Cross

The International Committee of the Red Cross (ICRC) is currently advertising for a Regional Legal Advisor on Maritime Issues, focusing on the Asia Pacific region and to be based in Bangkok (Thailand). Applications are welcome until 9 January 2022. For more information see here.

Leave a comment

Filed under Vacancies

Call for Papers: Exploring Various Legal Methods for Sustainable Development

The Japan Chapter of the Asian Society of International Law will host its 13th Annual Conference, themed, Exploring Various Legal Methods for Sustainable Development: Theoretical and Practical Contributions from Asia, 9 July 2022, in a hybrid format at Yokohama National University (Yokohama, Japan). Paper proposals, including on the law of the sea, are welcome until 28 February 2022. For more information see here.

Leave a comment

Filed under Calls, Events

Vacancies: research fellow at UNSW

The University of New South Wales (UNSW) is hiring a Research Fellow to contribute towards the research project of SHARP Professor Natalie Klein of the UNSW Law & Justice Faculty (School of Public and Global Law). The research project will be focused on the law of the sea, maritime security, state responsibility and international dispute settlement. The Research Fellow will provide high level research and administrative support, as well as undertake independent research and writing on a specific project on maritime security and international law. More information is available here.

Leave a comment

Filed under Vacancies

Vacancy: Legal Consultant for the International Seabed Authority

The International Seabed Authority (ISA) is seeking a Legal Consultant (January 2022-July 2023) to “identify, prepare, review and revise the phase two standards and guidelines for activities in the international seabed area (the Area) and provide advice for the finalization of the Draft Regulations on Exploitation of Mineral Resources in the Area”. Proposals are welcome until 4 December 2021. For more information see here and here.

Leave a comment

Filed under Vacancies

Conference: Beyond the Crisis – Challenges and Opportunities for Law and Development

The Faculty of Law at Nelson Mandela University will host the 5th Law and Development Research Network Conference, entitled, Beyond the Crisis: Challenges and Opportunities for Law and Development, 24 – 26 November 2021, Online. Numerous panels are organised under the sub-theme, the law of the sea and development. For more information see here and the programme.

Leave a comment

Filed under Events

Kiribati: fisheries closure of Phoenix Islands Protected Area uplifted

The Government of Kiribati decided to lift the closure and apply a Marine Spatial Planning (MSP) to sustainably use marine resources in the Phoenix Islands Protected Area (PIPA). The Phoenix Islands Protected Area was first established in 2006. The closure of PIPA to commercial fishing activities or as a no take zone was realised in 2015. More information on the PIPA can be found in a dedicated UNESCO World Heritage Centre page. The press release from the Ministry of Fisheries & Marine Development of Kiribati can be read below:

Leave a comment

Filed under State Practice

Webinar: The Ocean and Small Island Developing States

The Institute of International and European Affairs shall host a webinar in its 2021 Development Matters lecture series, entitled, The Ocean and Small Island Developing States, 16 November 2021, online (Zoom). For more information see here.

Leave a comment

Filed under Events

Vacancies: ICJ Judicial Fellowship Programme 2022-2023

The International Court of Justice (ICJ) is currently seeking applications for the 2022-2023 Judicial Fellowship Programme of the International Court of Justice. Normally up to 15 applicants are accepted per year for the full-time (10 month) Judicial Fellow positions. Submissions are welcome until 13 February 2022, but only from nominating universities and not individuals. For more information see here. To see the cases currently pending before the ICJ, including numerous law of the sea cases, see here.

Leave a comment

Filed under International Organizations, Vacancies

Vacancies: Policy Officer, Coastal and Maritime Economy

French think tank Institut du développement durable et des relations internationales (IDDRI) is hiring a policy officer on coastal and maritime economy. The selected candidate is expected to support IDDRI’s “ocean team” in the implementation of ongoing projects, especially on high seas and regional ocean governance. Applications should be sent by 26 November 2021. More details can be found here.

Leave a comment

Filed under Vacancies

Conference: The Straits of Malacca

The Maritime Institute of Malaysia (MIMA) will organise the 10th MIMA International Conference on the Straits of Malacca 2021, entitled, Straits of Malacca: Safety, Security, Economy, Environmental Protection & Global Interruption in Maritime Trade, 25 November 2021, in a hybrid format (Intercontinental Hotel, Kuala Lumpur/Online). For more information see here.

Leave a comment

Filed under Events

Conference: V Congresso do Instituto Brasileiro de Direito do Mar

The Brazilian Institute of Law of the Sea (BILOS) shall host its V Congress of the Brazilian Institute of Law of the Sea on the 11-12 November 2021, online. For more information see the programme and here.

Leave a comment

Filed under Events

Book Launch: The Research Handbook on Ocean Acidification Law and Policy

The Permanent Mission of Turkey to the United Nations, together with the Marine & Environmental Law Institute of Schulich School of Law at Dalhousie University, Centre for International Law at the National University of Singapore, and the University of Sydney, shall host a panel discussion, themed, Climate Change and the Ocean at COP 26/CMA 3, 8 November 2021, online (Zoom), to celebrate the launch of The Research Handbook on Ocean Acidification Law and Policy (Edward Elgar, 2021). For more information see here.

Leave a comment

Filed under Events

Antigua and Barbuda/Tuvalu: Accord to Establish Commission of Small Island States on Climate Change & International Law

On 1 November 2021, Prime Minister Gaston Browne (Antigua and Barbuda) and Prime Minister Kausea Natano (Tuvalu) announced the signing of an Accord on 31 October 2021 which establishes a Commission of Small Island Developing States on Climate Change and International Law. The Commission is open to all small island states globally to join. During the Press Conference, the founding members signalled that the Accord authorises the Commission to request an advisory opinion from ITLOS concerning climate change, sea-level rise, protection of the marine environment and international responsibilities. The exact strategy, including potential questions to be put before ITLOS, are to be developed by the Commission. On the advisory opinion jurisdiction of ITLOS, see Articles 16 and 21 of the Statute of the International Tribunal for the Law of the Sea (Annex VI of UNCLOS); Article 138 of the Rules of the Tribunal; and the SRFC Advisory Opinion.

Leave a comment

Filed under International Organizations, State Practice

8th Yeosu Academy of the Law of the Sea

The Korea Maritime Institute is hosting the 8th Yeosu Academy of the Law of the Sea6-15 December 2021, online. Applications are welcome until 21 November 2021. Applicants should be from countries on the DAC List of ODA Recipients by OECD and no fees apply.

For more information see the brochure and here.

Leave a comment

Filed under Courses

Events: La contribución de la Unión Europea a la protección de los recursos biológicos en espacios marinos de interés internacional

The Spanish Association of Professors of International Law and International Relations (AEPDIRI) is hosting its congress on The contribution of the European Union to the protection of biological resources in marine areas of international interest. The event takes place 4-5 November 2021 at the premises of the University of Cordoba (Spain). The programme is available here.

Leave a comment

Filed under Events

Events: La controversia de la Fragata ARA Libertad ante el Tribunal Internacional del Derecho del Mar

The Law Faculty of the University of Buenos Aires (Argentina) is hosting an event on The “ARA Libertad” Case (Argentina v. Ghana), Provisional Measures, held before the International Tribunal for the Law of the Sea in 2012 (Case No. 20). This event takes place on 18 November 2021. Registration is open here (in Spanish) and the programme is available here (in Spanish).

Leave a comment

Filed under Events

Call for Abstracts: Women in the Law of the Sea

The International Seabed Authority (ISA) shall host a Women in the Law of the Sea Conference, themed, Celebrating the 40th Anniversary of the Adoption of UNCLOS, in March-June 2022 (dates to be confirmed). Abstracts are welcome until 11 February 2022, with the conference intended to primarily hear from women legal experts working in the field of the law of the sea. For more information see here and here.

Leave a comment

Filed under Calls, Events

Vacancies: research fellowship at OPRI

The Ocean Policy Research Institute (OPRI) of the Sasakawa Peace Foundation has opened a vacancy for a Research Fellow or Senior Research Fellow. The selected candidate shall assist in gathering and analyzing information to promote ocean policy dialogues mainly targeting island countries including the Pacific, Asia, Indo-Pacific, Africa, regional and international organizations with a focus on ocean-related policies, legal systems, sustainability, and coordination with international initiatives. The application deadline is 19 November 2021. More information is available here

Leave a comment

Filed under Vacancies

ITLOS: Junior Professional Officer Programme

As of 30 September 2021, the International Tribunal for the Law of the Sea (ITLOS) has established a Junior Professional Officer Programme for young professionals to serve in the Tribunal’s Registry, including the Legal Office. The Guidelines concerning the Junior Professional Officer Programme of the International Tribunal for the Law of the Sea will govern the programme, which includes the necessity of concluding a memoranda of understanding between the Tribunal and a participating (sponsoring) State for the recruitment of Junior Professional Officer(s) (see Model MoU).

Leave a comment

Filed under International Organizations, Vacancies

Events: Sea Lane Security between China and Europe

The China Oceanic Development Foundation, the Dalian Maritime University, and the University of Genoa are jointly hosting a seminar entitled Sea Lane Security between China and Europe. This event is set to happen online on 30-31 October 2021. The program is available here. Further information is available here.

Leave a comment

Filed under Events

Call for Applicants: 13th South China Sea International Conference Young Leaders Program

The Diplomatic Academy of Viet Nam is seeking applicants for the Young Leaders Program 2021 under the framework of the 13th South China Sea International Conference, themed, Looking Back to a Brighter Future, 17-20 November 2021, with a follow-up phase until 15 December 2021. Applications are welcome until 11 November 2021. For more information see here.

Leave a comment

Filed under Calls, Events

Courses: The Establishment of the Outer Limits of the Continental Shelf

The China Institute of Boundary and Ocean Studies (CIBOS) of Wuhan University is hosting a Massive Open Online Course (MOOC) on “The Establishment of the Outer Limits of the Continental Shelf: Science, Technology and Law”. This event is taking place through October and November 2021. This MOOC aims to introduce the legal regime of the continental shelf and the work of the Commission on the Limits of the Continental Shelf (CLCS). Registration is open here.

Leave a comment

Filed under Courses

Vacancy: Legal Advisor to FFA

The Pacific Islands Forum Fisheries Agency (FFA) is advertising for a full-time Legal Advisor, to be based in Honiara (Solomon Islands). Applications close 8 November 2021. For more information see here.

Leave a comment

Filed under Vacancies

Vacancies: Four Malaysia-Australia Maritime Exchange Virtual Fellowships

The Malaysia Institute of Australian National University has announced four DFAT-funded Malaysia-Australia Maritime Exchange Virtual Visiting Research Fellowships, to begin January 2022 and address “research on key maritime issues of interest to Australia, Malaysia and the Southeast Asian region”. This includes two Malaysian-based Fellows (to be hosted virtually by an Australian Institution) and two Australian-based Fellows (to be hosted virtually by a Malaysian institution). Applications are welcome until 30 October 2021. For more information and to apply see here.

Leave a comment

Filed under Vacancies

USA: federal ballast water discharge standards adopted in California

California State Lands Commission adopted regulatory amendments that will implement the federal ballast water discharge standards of the United States of America (USA) for vessels arriving at California ports. These changes will become effective on 1 January 2022.

The State rules apply to vessels over 300GT that are capable of carrying ballast water. The ballast water management requirements address vessels arriving in California Waters from a port or place outside the Pacific Coast Region and vessels arriving in California Waters from a port or place within the Pacific Coast Region, with ballast water from the Pacific Coast Region. The Pacific Coast Region (PCR) comprises the waters within 200nm of land on the Pacific Coast of North America east of 154°W longitude and north of 25°N latitude, excluding the Gulf of California.

The Commission’s press release dated 15 October 2021 is here. A brochure from the Commission’s Marine Invasive Species Program (MISP) with a summary of the regulatory changes is available here. A commentary published by marine insurance company North P&I on these measures is available here.

Leave a comment

Filed under State Practice

Events: Conflits d’usage en mer

The Centre d’Études et de Recherches Internationales et Communautaires (CERIC) and the Institut du Droit Economique de la Mer (INDEMER) are organizing a colloquium on conflicts of use at sea, focusing on the conciliation of human activities in European waters. The event takes place on 18-19 November 20201 at the Law Faculty of the Université d’Aix Marseille. The programme is available here; registration is mandatory.

Leave a comment

Filed under Events

Symposium: Maritime Cooperation in the Indo-Pacific – Upholding the Rule of Law

The Maritime Institute of Malaysia (MIMA) and the Embassy of Japan in Malaysia will host a symposium, entitled, Maritime Cooperation in the Indo-Pacific: Upholding the Rule of Law, 8-10 November 2021, online (Zoom). For more information see here.

Leave a comment

Filed under Events

Webinar: Le implicazioni dell’innalzamento del livello del mare sul diritto internazionale

The Interdepartmental Research Center on the Adriatic and the Mediterranean of the University of Macerata (CiRAM) will host a webinar, entitled, Le implicazioni dell’innalzamento del livello del mare sul diritto internazionale/Les implications de l’elevation du niveau de la mer pour le droit international, 12 November 2021, online (Blackboard Collaborate). For more information see here and the programme.

Leave a comment

Filed under Events

Webinars: Maritime Autonomous Surface Ships & UNCLOS

The NUS Centre for International Law is hosting a series of webinars on Maritime Autonomous Surface Ships (MASS) and the 1982 United Nations Convention on the Law of the Sea (UNCLOS), the first webinar, entitled, MASS and the Marine Environment, will take place 27 October 2021, online (Zoom). For more information see here.

Leave a comment

Filed under Events

Call for Evidence: UNCLOS – fit for purpose in the 21st century?

The International Relations and Defence Committee of the UK Parliament is undertaking an inquiry into the United Nations Convention on the Law of the Sea (UNCLOS), entitled, UNCLOS: fit for purpose in the 21st century?, including a call for written evidence concerning a series of questions posed by the Committee. Written evidence at this stage is welcome until 12 November 2021. The first oral evidence session will also take place 20 October 2021 and may be watched online.

For more information see the call for evidence.

Leave a comment

Filed under Calls

Guest Lecture: The Dispute Settlement Regime in UNCLOS

The NUS Centre for International Law eAcademy 2021 shall host a guest lecture, entitled, The Dispute Settlement Regime in the 1982 UN Convention on the Law of the Sea, 20 October 2021, Online (Facebook). For more information see here.

Leave a comment

Filed under Events

Brazil: immunity of Germany waived in case of fishing boat attacked by submarine in 1943

The Supreme Federal Court (STF) of Brazil upheld the appeal of family members of a fisherman who want the Federal Republic of Germany to compensate them for his death in 1943, when a fishing boat was sunk by a German submarine off the Brazilian coast. By majority vote, the STF established the thesis that unlawful acts committed by foreign States in violation of human rights do not enjoy immunity from jurisdiction in Brazil. Reference: (ARE) 954858.

The attack on the fishing boat Changri-lá killed ten fishermen in July 1943, during World War II, in Brazilian territorial sea, near Cabo Frio (RJ). In 2001, the Maritime Court officially recognized that the cause of the wreck was the torpedoing of the vessel by a German U-199 submarine, leading the grandchildren and widows of one of the fishermen’s grandchildren to file, in 2006, an action for compensation for material and moral damages. In the first instance, the action for reparation was dismissed without a resolution on the merits. The family appealed to the Superior Court of Justice (STJ), but the appeal was not admitted based on the jurisprudence of that Court, which prevents the foreign State from being held liable for an act of war.

A press release from the STF is available here and the judgment (in Portuguese), which was made public on 24 September 2021, can be read here.

Leave a comment

Filed under Jurisprudence, State Practice