Monthly Archives: October 2015

PCA: Philippines v. China (Award on Jurisdiction and Admissibility)

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).

For further information, please see the Award here, and the Press Release here.

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Filed under Jurisprudence

Palau: National Marine Sanctuary Act signed

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.

The area of the sanctuary as depicted by Pew Charitable Trusts.

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Filed under State Practice

Japan: Modified declaration accepting the ICJ’s compulsory jurisdiction

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.

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IMO: Revised guidance on radioactive waste adopted

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.

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Tokyo MOU: Peru and Panama join

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.

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UNSC: Resolution 2240 (2015)

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.

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Conference: Governance of Arctic Shipping

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.

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