World Maritime Day has been celebrated at IMO Headquarters on 29 September 2016. The theme for this year’s edition was “Shipping: indispensable to the world”. This theme was chosen to focus on the critical link between shipping and global society and to raise awareness of the relevance of the role of IMO as the global regulatory body for international shipping. More information about this event is available in this background paper.
Monthly Archives: September 2016
PCA: Conciliation between the Democratic Republic of Timor-Leste and the Commonwealth of Australia (update)
Following what has been previously reported here and here, the PCA’s Conciliation Commission has issued its Decision on Competence in the compulsory conciliation initiated between Timor-Leste and the Australia under Annex V of the United Nations Convention on the Law of the Sea. In its Decision, the Commission held that it was competent to continue with the conciliation process. These compulsory conciliation proceedings concern the maritime boundary between both States and were initiated by Timor-Leste by way of a Notice addressed to Australia pursuant to Article 298 and Annex V of the Convention. More information about this development can be found in the PCA’s press release.
PluriCourts – Center for the Study of the Legitimacy of International Courts, UiO, in cooperation with the K.G. Jebsen Center for the Law of the Sea (JCLOS), UiT, shall host a panel discussion, entitled, The South China Sea Arbitration between China and the Philippines, 28 September 2016, at Litteraturhuset, Oslo (Norway).
Following the previously reported 2014 and 2015 Our Ocean Conferences, the third Our Ocean Conference was held in Washington, DC (USA), 15-16 September, 2016. Over 136 new initiatives on marine conservation and protection were announced and the initiative is set to continue past the Obama Administration with the conferences in 2017 hosted by the European Union in Malta, in 2018 in Indonesia, and in 2019 in Norway.
For those interested in the proposed negotiations of an international agreement under the WTO to prohibit harmful fisheries subsidies see the related Joint Statement Regarding Fisheries Subsidies.
The World Maritime University will be hosting an international conference on Maritime Energy Management (MARENER 2017). This event is expected to provide a forum for both researchers and practitioners to examine opportunities and challenges in the field of maritime energy with the aim of achieving an energy efficient and low carbon future for the maritime industry. The conference will occur in Malmö, Sweden, on 24-25 January 2017. Authors are invited to submit abstracts in English by 30 September 2016. More information about the event and the call for papers is available here.
The International Tribunal for the Law of the Sea will be celebrating its 20th anniversary in October 2016. On this occasion, a one-and-a-half day international symposium will be held on 5 and 6 October 2016. One of the events is entitled “The contribution of the Tribunal to the Rule of Law” and its aim is to highlight the role played by the Tribunal over the last 20 years in the system for the peaceful settlement of law of the sea-related disputes set out in Part XV of the UNCLOS. The ceremony will occur at the Tribunal’s premises, as reported by the President of ITLOS here (paragraphs 33 and 34), followed the next day by a reception at the City Hall of Hamburg.
Conference: International Tribunals and the Interpretation of the United Nations Convention on the Law of the Sea
The Association Internationale du Droit de la Mer (AssIDMer) is holding its VI Ordinary Colloquium. The event takes place at the Università degli Studi del Sannio, in Benevento, Italy, on 3-4 November 2016. The topic of this year’s edition is “International Tribunals and the Interpretation of the United Nations Convention on the Law of the Sea”. The program of the event is available here.
The Transnational Law Institute of King’s College London, in collaboration with the Law of the Sea Institute at the University of California, Berkeley, School of Law, is hosting a conference entitled “Stress Testing the Law of the Sea”. The event is to be held at the Dickson Poon School of Law on 30 September and 1 October 2016. The program of the conference is available here. More information can also be found here.
According to the Ministry of Foreign Affairs of Ukraine, “[o]n 14 September 2016, the Ministry of Foreign Affairs of Ukraine officially served the Ministry of Foreign Affairs of the Russian Federation with a notification of arbitration and statement of claim instituting ad hoc arbitral proceedings under Annex VII of UNCLOS”.
For more information, see here.
<updated on 3-10-2016 with paragraph on Russian Federation statement (N.F.C.)>
The Centre for Law and Society in a Global Context (CLSGC), Queen Mary University of London (QMUL), shall host a new book forum, entitled, Whaling in the Antarctic: Significance and Implications of the ICJ Judgment, edited by Professor Malgosia Fitzmaurice and Professor Dai Tamada, and published by Brill. The forum will take place on the 23 September 2016 at the law building of QMUL (London, UK).
For more information and registration, see here.
The American Branch of the International Law Association & the International Law Students Association will host their International Law Weekend 2016, entitled, International Law 5.0, from 27-29 October 2016. The event will take place at the New York City Bar and Fordham University School of Law, New York (USA). A number of panels shall deal with law of the sea issues.
The Maastricht Centre for Human Rights will host an open event entitled, Symposium on the Falklands (Malvinas), on the 7 October 2016, at the Stayokay Hotel Maastricht (The Netherlands). The second panel will deal with ‘issues concerning the exploration and exploitation of resources in the waters around the islands’.
For more information and registration, see here.
A maritime delimitation agreement has been reached between Colombia, Costa Rica and Ecuador. This agreement has been formally reached at the Galapagos islands of Ecuador. For Ecuador’s official statements check here, here and here. For Colombia’s official statement check here. For Costa Rica’s official statement check here (p.3). The following map depicting the agreement has been put forward by the Ecuatorian newspaper El Telégrafo:
The Ballast Water Management Convention was ratified by a sufficient number of states on 8 September 2016, bringing the total gross tonnage to over 35% from the signatory states. This means the convention will enter into force 12 months later, on 8 September 2017. Accession by Finland has triggered the entry into force of this key international measure for environmental protection that aims to stop the spread of potentially invasive aquatic species in ships’ ballast water. More on this here.
The Commission on the Limits of the Continental Shelf has communicated its recommendation for the establishment of the outer limits of the Uruguayan continental shelf. According to a statement by the Ministry of Foreign Affairs of Uruguay, this recommendation implies “a territorial extension for Uruguay of approximately 83.000 sq km, encompassing all its continental margin and allowing to establish what has been called the country’s final frontier at 350 nautical miles”. The statement can be found here, together with the following map:
The Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea (UNCLOS) in the matter of the Duzgit Integrity Arbitration has just issued an Award in respect of the dispute between the Republic of Malta and the Republic of São Tomé and Príncipe. The dispute concerns the arrest by São Tomé of a Maltese flagged vessel – the Duzgit Integrity – on 15 March 2013 when it attempted to undertake a ship-to-ship (“STS”) cargo transfer in São Tomé’s archipelagic waters, and the subsequent measures taken by São Tomé in relation to the vessel, its master, cargo, owner and charterer.
The Tribunal found that it had jurisdiction over the dispute and that, while the initial detention of the vessel fell within the lawful exercise by São Tomé of its law enforcement jurisdiction, the other penalties imposed by São Tomé could not be regarded as proportional to the original offence or the interest of ensuring respect for São Tomé’s sovereignty. Accordingly, the Tribunal held that the cumulative effect of the sanctions imposed by São Tomé was incompatible with Article 49 of the UNCLOS and that Malta was entitled to claim reparation in a further phase of the proceedings.
The K. G. Jebsen Centre for the Law of the Sea (JCLOS) will host a symposium entitled, Innovating for change in global fisheries governance, on the 23 September 2016, at the Arctic University of Norway, Tromsø (Norway).
Following the previously reported initiation of compulsory conciliation by Timor-Leste in respect of a dispute with Australia, readers may follow the inter-state conciliation on the Permanent Court of Arbitration website, PCA Case No. 2016-10.
For more information, press releases and transcripts see here.