The Permanent Court of Arbitration has rendered an Award on Jurisdiction and Admissibility in case number 2013-19; The Republic of Philippines v. The People’s Republic of China. In short, by unanimous decision the Tribunal has decided the Tribunal has jurisdiction to consider the Philippines’ Submissions No. 3, 4, 6, 7, 10, 11, and 13 (subject to conditions discussed in in paragraphs 400, 401, 403, 404, 407, 408, 410); reserved consideration of its jurisdiction to rule on Submissions No. 1, 2, 5, 8, 9, 12, and 14 to the merits phase; and directed the Philippines to clarify the content and narrow the scope of its Submission 15 (reserving consideration of its jurisdiction to the merits phase).
Monthly Archives: October 2015
The western Pacific archipelago of Palau has approved the creation of a marine sanctuary. The sanctuary becomes the world’s sixth-largest fully protected area. This means that 80% of the nation’s maritime territory is now designated as a reserve. The bill to create it was passed unanimously, 16-0 in the house of delegates, and the senate voted to adopt it. The declaration of the President of Palau can be found here, together with the Act.
On the 6th October 2015, Japan submitted a revised Declarations Recognizing as Compulsory the Jurisdiction of the International Court of Justice Under Article 36, Paragraph 2, of the Statute of the Court. Note the acceptance of compulsory jurisdiction does not apply to:
“(3) any dispute arising out of, concerning, or relating to research on, or conservation, management or exploitation of, living resources of the sea”
For further information, see here.
Updated guidelines for the application of the de minimis (exempt) concept for radioactive substances which may be considered for dumping at sea have been adopted. The 2015 Guidelines for the application of the de minimis concept include recognition of effects of radiation on marine fauna and flora. They were adopted by the 37th Consultative Meeting of Contracting Parties (London Convention 1972) and 10th Meeting of Contracting Parties (London Protocol 1996), which were meeting for their regular joint meeting at IMO in London. More information can be found here.
The secretariat of the Tokyo Memorandum of Understanding on Port State Control has announced that, following an acceptation procedure, the Republic of Panama and the Republic of Peru have been accepted as full members of the organization. More information on this can be found here.
The United Nations Security Council adopted on 9 October a resolution authorizing states to exercise exceptional powers with respect to ships suspected of being engaged in human trafficking and migrant smuggling on the high seas off the costs of Libya. The resolution can be found here.
The Centre for International Law (CIL) at the National University of Singapore (NUS) and the K.G. Jebsen Centre for the Law of the Sea (JCLOS) at the University of Tromsø are hosting in Singapore a Conference on the Governance of Arctic Shipping. The objective of the Conference is to examine major legal issues relating to shipping in the Arctic and the role of Arctic States, user States and international organisations in Arctic shipping governance. The event occurs from 9 to 11 December and more information is available here.
The 2015 International Law Weekend, entitled Global Problems, Legal Solutions: Challenges for Contemporary International Lawyers, will be held at the Association of the Bar of the City of New York at 42 West 44th Street (November 5th), and at the Fordham Law School, Lincoln Center (November 6-7, 2015). A number of panels are focused on the law of the sea, ‘Towards a New Implementing Agreement Under UNCLOS on Marine Biodiversity in Areas Beyond National Jurisdiction’; ‘Arctic Ocean Stewardship’ and ‘Rising Seas, Baselines Issues: The Work of the International Law Association Baselines and Sea Level Rise Committee’.
The K.G. Jebsen Centre for the Law of the Sea is presenting a workshop entitled ‘The EU as a Global Actor in the Arctic’. The event will occur on 26 October 2015 in Tromsø. It aims at discussing emerging legal issues concerning the current European regulatory framework in the Arctic. More information can be found here.