Monthly Archives: January 2020

On 29 January 2020 the UK Parliamentary Under Secretary of State (Minister for Rural Affairs and Biosecurity) introduced to the House of Lords the Fisheries Bill (HL Bill 71). As previously reported, the bill was first introduced during the last parliament in the House of Commons. As set out in the Explanatory Notes (HL Bill 71):

Since the Bill was most recently considered in the last Parliament, the Government has included additional provisions: a single set of UK-wide fisheries objectives (including a new climate change objective); a duty to create fisheries management plans to fish at sustainable limits for all stocks; and a broadening of the grant making power. The Bill also provides further powers for the Welsh and Scottish Governments that reflect a number of those granted to the Secretary of State, and a change to the commencement provisions (para. 3).

Of particular interest for international fisheries law is the climate change objective (clause 1(1)(h), 1(9)) and the fisheries management plan obligations (clauses 6-9).

For further information see the Human rights memorandum and the previous white paper, Sustainable fisheries for future generations. Progress of the Bill may be followed here.

The eighth meeting of the Malaysia-Singapore Joint Technical Committee (MSJTC) on the Implementation of the International Court of Justice Judgment on Pedra Branca, Middle Rocks and South Ledge was held 21 January 2020 in Kuala Lumpur, Malaysia. The outcomes of the meeting include:

“The Meeting further agreed for the Sub-Committee on Maritime Boundary Delimitation of Pedra Branca, Middle Rocks and South Ledge to commence negotiations.”

For further information see the Joint Press Statement by the Ministry of Foreign Affairs for Singapore and Malaysia respectively.

The MSJTC is a cooperative process established to implement the 2008 ICJ Judgment (Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)). See further the discontinued Request for Interpretation of the Judgment of 23 May 2008 in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) (Malaysia v. Singapore).

On the 30 December 2019 the Ministry of Foreign Affairs of the Republic of Indonesia formally protested against Chinese vessels allegedly involved in IUU fishing activities in Indonesia’s EEZ (referred to by Indonesia as the ‘North Natuna Sea’), as well as the presence of a Chinese Coast Guard vessel. Indonesia’s response included summoning the Chinese Ambassador to Jakarta and submitting a diplomatic memorandum of protest.

The Indonesian position repeated its rejection of the Chinese ‘nine-dash line’, reiterated China’s obligations to comply with both UNCLOS (as a state party) and the South China Sea Arbitration Award (UNCLOS, Annex VII, Article 11; South China Sea Arbitration Award, Paragraph 1200) and reiterated Indonesia’s position that Indonesia does not have any overlapping jurisdiction with China in the South China Sea. On 1 January 2020 a subsequent statement by the Ministry of Foreign Affairs of the Republic of Indonesia rejected the claims by China to historic maritime waters as without legal basis, as well as any Chinese references to ‘relevant waters’ as unrecognized in UNCLOS. “Indonesia Urges the People’s Republic of China to explain the legal basis and clear boundaries regarding the claims of the PRC in [the South China Sea] based on UNCLOS 1982” (Paragraph 3 [in Indonesian]).

In November 2015 a Chinese spokesperson stated “[t]he Chinese side has no objection to Indonesia’s sovereignty over the Natuna islands”. To date, in response to the December 2019 incident a Chinese spokesperson (31 December 2019; 2 January 2020) has repeated its general position on the South China Sea without further detail.