The UK Government has introduced to the UK House of Commons the Fisheries Bill (Bill 278), its first reading being held 25 October 2018. As summarized in the Explanatory Notes (para. 1), “[t]he Fisheries Bill (the Bill) will provide the legal framework for the United Kingdom to operate as an independent coastal state under the United Nations Convention on the Law of the Sea 1982 (UNCLOS) after the UK has left the European Union (EU) and the Common Fisheries Policy (the CFP)”.
Monthly Archives: October 2018
The International Maritime Organization (IMO) adopted an amendment to support consistent implementation of the forthcoming 0.50% limit on sulphur in ships fuel oil. The complementary MARPOL amendment will prohibit the carriage of non-compliant fuel oil for combustion purposes for propulsion or operation on board a ship – unless the ship has an exhaust gas cleaning system (“scrubber”) fitted. Installing a scrubber is accepted by flag States as an alternative means to meet the sulphur limit requirement. The complementary amendment is expected to enter into force on 1 March 2020. The press release of the IMO is available here.
On the 3 October 2018, the United States, Canada, the Kingdom of Denmark, the European Union, Iceland, Japan, the Republic of Korea, the Kingdom of Norway, the People’s Republic of China, and the Russian Federation signed the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOF Agreement). The agreement covers approximately 2.8 million square kilometers and will establish and operate a Joint Program of Scientific Research and Monitoring (art. 4). Unregulated fishing in the high seas of the central Arctic Ocean is prohibited for 16 years following entry into force (arts. 3, 11, 13). Sedentary species are not included (art. 1).
The Department of Fisheries of the Government of Thailand will host the 6th Global Fisheries Enforcement Training Workshop, entitled, CLOSING THE NET: Global cooperation between flag, coastal, port and market states for effective enforcement of international and domestic law, 18-22 February 2019 (Bangkok, Thailand). Nominations are accepted and evaluated on a rolling basis.
ICJ: Judgment in the case concerning Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile) delivered
The International Court of Justice delivered its Judgment in the case concerning Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile). In its Judgment, the Court finds that Chile did not undertake a legal obligation to negotiate a sovereign access to the Pacific Ocean for Bolivia. The Court noted that “the statement by Bolivia, when signing UNCLOS, that referred to “negotiations on the restoration to Bolivia of its own sovereign outlet to the Pacific Ocean” did not imply the allegation of the existence of any obligation for Chile in that regard” and that “acquiescence cannot be considered a legal basis of an obligation to negotiate Bolivia’s sovereign access to the sea”. The full text of the Judgment is available here.
The World Ocean Council is presenting another edition of the Sustainable Ocean Summit, themed “Ocean Sustainable Development – Connecting Asia and the World”. This year’s event will take place in Hong Kong, China, on November 14-16, 2018. Aside from plenary sessions, the summit will also feature workshops; one of them is entitled “UN Law of the Sea: New Legally Binding Instrument on Biodiversity in Areas Beyond National Jurisdiction (BBNJ) and Ocean Industries”. The program of the event is available here.
The Indonesian Center for the Law of the Sea (ICLOS) at Universitas Padjadjaran is hosting a conference entitled UNCLOS & Artificial Islands Beyond National Jurisdiction. The conference includes sub-themes such as, for example, “ASEAN and the South China Sea”. The event shall take place in Bandung, Indonesia, on November 21-22, 2018. Registration is open until November 5, 2018 and subject to a fee. More information is available here.