Monthly Archives: December 2017

WCPFC: 14th Regular Session adopts minimum standards for port state measures

The 14th Regular Session of the Western & Central Pacific Fisheries Commission (WCPFC) adopted a series of Conservation and Management Measures (CMMs), including CMM 2017-02, Conservation and Management Measure on minimum standards for Port State Measures, issued the 7 December 2017. Bar the provisional application of CMM 2017-01 (1 January 2018), the CMMs are set to enter into force 6 February 2018.

For more information, see here.

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UNGA: Law of the sea resolutions adopted, BBNJ resolution postponed

The 72nd Session of the UN General Assembly adopted A/RES/72/73, Oceans and the law of the sea, and A/RES/72/72, 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, on the 5 December 2017. Examples of interest, include the proclamation of the United Nations Decade of Ocean Science for Sustainable Development (A/RES/72/73 para. 292-295) and the notable vote against A/RES/72/72 by the USA, a resolution usually adopted by consensus without a vote.

Action on the draft BBNJ resolution, International legally binding instrument 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, Doc. A/72/L.7, was postponed, pending a review of its programme budget implications.

For more information see the UN press release here and UNGA 72nd Session resolutions here. The Draft BBNJ resolution (A/72/L.7) may be found here, and the programme budget implications (A/C.5/72/18) here.

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Lecture: The Security Situation in the Asia Pacific Region and Japan’s Role

The Utrecht Centre for Global Challenges (UGlobe) will host a lecture by Japanese Ambassador to the Netherlands, Mr. Hiroshi Inomata, entitled, The Security Situation in the Asia Pacific Region and Japan’s Role, 15 January 2018, at Utrecht University (Utrecht, The Netherlands).

For more information and registration, see here.

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Australia: ship master convicted and fined for entering no-go zone

A master of a coastal trading vessel was convicted and fined in Australia’s Cairns Magistrates Court for being in charge of a ship that entered a shipping exclusion area in the Great Barrier Reef Marine Park. The master pleaded guilty to entering an exclusion zone near the Turtle Group of Islands, 28km northwest of Cape Flattery, in November 2015. Under the Marine Park legislation, ships must only travel in designated shipping areas or general use zones to protect the marine environment, and commercial ships are monitored for their compliance. More information about this case may be found here.

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NGO: lawsuit launched to protect Pacific habitat for humpback whales

The Center for Biological Diversity, Turtle Island Restoration Network and Wishtoyo Chumash Foundation filed a notice of intent to sue the USA National Marine Fisheries Service for failing to protect humpback whale habitat in the Pacific Ocean, where the animals are said to be facing threats from fisheries, ship strikes and oil spills. The document, entitled “Violations of the Endangered Species Act; Failure to Designate Critical Habitat for Distinct Population Segments of Humpback Whales (Megaptera noveangliae)” may be found here.

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EU: Council approves agreement on working conditions for seafarers

On 7 December the European Council of the EU approved a directive which gives legal effect to an agreement between EU social partners in the maritime sector. As a result of the agreement with social partners, amendments to the Maritime Labour Convention made in 2014 can be incorporated into EU law. The objective of the agreement is to protect seafarers’ rights in case of abandonment; the agreement also provides compensation for contractual claims for death or long-term disability of seafarers due to occupational injury, illness or hazard. Thanks to the incorporation of the agreement into EU law, seafarers will be covered by a mandatory financial security system. More information about this agreement may be found here.

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India: M/V Seaman Guard Ohio crew and persons aboard aquitted

Dated the 27 November 2017, the Madurai Bench of the Madras High Court acquitted the 35 person aboard the M/V Seaman Guard Ohio, arrested four years ago for offences under the 1959 Arms Act. Of interest to law of the sea scholars, the case touched upon the drawing of baselines, innocent passage, and the stopping and anchoring rendered necessary by force majeure or distress (UNCLOS, art. 18(2)).

A copy of the judgement is available here.

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