Monthly Archives: May 2020

PCA: Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen (Ukraine v. Russia)

On the 22 May 2020 Ukraine submitted its written memorial to the Arbitral Tribunal (UNCLOS, Annex VII) in respect of the Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen (Ukraine v. the Russian Federation), PCA Case No. 2019-28. According to Procedural Order No. 1 (22 November 2019), the Russian Federation shall submit its written memorial within 6 months (para. 4), or preliminary objections within 3 months (para 5; Rules of Procedure (22 November 2019), art. 11). Any preliminary objections that ‘possess an exclusively preliminary character’ are to be examined in a preliminary phase prior to the merits of the case.

On the 26 May 2020 the Russian MFA commented on Ukraine’s submission. The Russian MFA suggests that Ukraine’s written memorial has “reduced the list of its [Ukraine’s] initial claims”. There is also a suggestion that Russia will exercise its right to submit preliminary objections:

Next, Russia will have to file its jurisdictional objections regarding this case by August 22, 2020 under the relevant rules of procedure.

For more information see PCA Case No. 2019-28, as well as the related provisional measures case, ITLOS Case No. 26. For previous DeMaribus reports, see here.

Leave a comment

Filed under Jurisprudence, State Practice

Virtual Annual Meeting: The Promise of International Law

The American Society of International law shall host its first-ever Virtual Annual Meeting, themed, The Promise of International Law, 25-26 June 2020. Of particular note to law of the sea scholars is the Energy, Environment, Sea, & Space track, as well as the Annual Manley O. Hudson Medal Luncheon, with this year’s recipient being Prof. Dr. Rüdiger Wolfrum.

For more information see here.

Leave a comment

Filed under Events

Webinar: COVID-19 and Shipping – Maritime Law and Policy Highlights

WMU shall host a WMU Alumni Webinar, entitled, COVID-19 and Shipping: Maritime Law and Policy Highlights, 29 May 2020 at 14:00 (CEST). This webinar is open to all.

For more information see here.

Leave a comment

Filed under Events

Philippines: Chinese jurisdiction over islands contested

The Department of Foreign Affairs of the Philippines issued a statement (30 April 2020) contesting the so-called districts of “Nansha” and “Xisha” under the supposed administrative jurisdiction of its self-declared “Sansha City” announced on 18 April 2020 by the People’s Republic of China. According to this announcement by China, “the Xisha District of Sansha City has jurisdiction over the islands and reefs of the Xisha Islands and its sea areas, and is in charge of the islands and reefs of the Zhongsha Islands and its sea areas”. The statement from the Philippines is available here.

The United States of America also issued a statement (22 April 2020) describing China’s announcement as a “new unilateral announcement of administrative districts over disputed islands and maritime areas in the South China Sea”.

Leave a comment

Filed under State Practice

Webinar: Arbitration as an Effective Remedy for Human Rights Abuses at Sea

Human Rights at Sea and Shearman & Sterling LLP shall host a webinar, entitled, Arbitration as an Effective Remedy for Human Rights Abuses at Sea, 24 June 2020 at 15:00 (CEST). The event will discuss the recently released white paper, Arbitration as an Effective Remedy for Human Rights Abuses at Sea (24 March 2020).

For more information see here.

Leave a comment

Filed under Events

Vacancy: PhD position at Université d’Angers

Closing date for applications is 17 June 2020 with the Université d’Angers (France) for a PhD position on the topic of prevention and resolution of conflicts of use in the law of the sea (La prévention et la résolution des conflits d’usage en droit de la mer). The position is based at the Centre Jean Bodin and the researcher is expected to join the ZOMAD (observatoire des zones maritimes disputées) research group.

Further information is available here (English version here).

Leave a comment

Filed under Vacancies

Webinar: Plastic as a Key to Addressing Ocean Pollution

The High Level Panel for a Sustainable Ocean Economy (Ocean Panel) is hosting a webinar entitled Plastic as a Key to Addressing Ocean Pollution. The event is set to happen 27 May 2020 at 09:00 AM (BST). This event is part of the series of webinars featuring new scientific ‘Blue Papers’.

Registration and further information is available here.

1 Comment

Filed under Events

Webinar: Maritime Security in the Gulf of Guinea

Stable Seas shall host a webinar, entitled, Maritime Security in the Gulf of Guinea, 28 May 2020 at 15:30 (GMT). The event will discuss the recently published report, Stable Seas: Gulf of Guinea (16 Apr 2020).

For more information and registration see here.

Leave a comment

Filed under Events

Webinars: Risk Intelligence 2020

Risk Intelligence shall host a series of webinars, entitled, Risk Intelligence Webinars 2020, 26 May – 30 June 2020 at 10:00 (CEST). The next webinar is entitled Stowaways: Port Weaknesses Identified.

For more information and registration see here.

Leave a comment

Filed under Events

Symposium: Plastics in the Arctic and Sub-Arctic Region

The Government of Iceland in collaboration with the Nordic Council of Ministers is hosting the International Symposium on Plastics in the Arctic and Sub-Arctic Region, in connection with the Icelandic Chairmanship of the Arctic Council. The event takes place on September 28-30 2020 in Reykjavík (Iceland). The programme is available here. Registration is open until the Symposum date.

Leave a comment

Filed under Events

Vacancy: Black Sea Young Ambassadors

Black Sea CONNECT is currently looking for Black Sea Young Ambassadors that will advocate for blue growth in the Black Sea and promote the goals of the project’s Strategic Research and Innovation Agenda (SRIA). Applications are welcome until 31 May 2020.

For more information see here.

Leave a comment

Filed under Vacancies

Webinar: Environmental Security – Sea Level Rise and Sovereignty Boundaries Issues due to Climate Change Impacts

The Archipelagic & Island States Forum and the Center for Security and International Studies (Padjadjaran University) shall host a webinar, entitled, Environmental Security: Sea Level Rise and Sovereignty Boundaries Issues due to Climate Change Impacts, 3 June 2020 at 14.00 (ICT).

For more information see here.

Leave a comment

Filed under Events

Webinar: How to arrest a ship

Danish law firm IUNO is hosting a webinar on 3 June 2020 entitled How to Arrest a Ship. The webinar will focus on the particular rules of maritime laws, how they are applied, and alternatives to arresting a ship.

Registration form and further information is here.

Leave a comment

Filed under Events

Vacancy: PhD position at the Norwegian University of Science and Technology

Closing date for applications is 10 July 2020 with the Norwegian University of Science and Technology (NTNU) for a PhD position on the New Arctic and Digital Ocean (NADO), an initiative associated with NTNU Oceans. The PhD candidate will collaborate on research that frames the “New Arctic”; one angle of research presented is “the geopolitics of polar militarism and international law”. More information is available here.

Leave a comment

Filed under Vacancies

Webinar: Covid-19 and International Shipping

The Centre for International Law (CIL) at the National University of Singapore shall host a webinar, entitled, Covid-19 and International Shipping, 3 June 2020, 16:00 (SGT).

For more information and registration see here.

Leave a comment

Filed under Events

UK: Fisheries Framework Agreement draft negotiating document published

The United Kingdom published (April 2020) a Draft Working Text for a Fisheries Framework Agreement between the United Kingdom of Great Britain and Northern Ireland and the European Union. The preamble of this document states that:

The UK proposal reflects the fact that, at the end of 2020, the UK will be an independent coastal State and will no longer be bound by the Common Fisheries Policy, and that the current arrangements on quota-sharing will end. In line with the UK’s commitment to best available science, future fishing opportunities should be based on the principle of zonal attachment. The UK proposal is based on relevant international precedents, including the EU’s separate fisheries agreements with other coastal states. Through this agreement, and the annual negotiations it provides for, the UK would fulfil its obligations under UNCLOS to cooperate with the EU on the sustainable management of shared stocks.

The document calls for “annual negotiations on fishing opportunities and access” (Article 2). It proposes that any vessels granted access to fish in the relevant waters must “obtain an authorisation and a licence” (Article 3.1) before commencing fishing operations and that “each Party shall manage its own fisheries independently and may take such measures in its relevant waters as it considers appropriate to ensure the rational and sustainable management of fisheries” (Article 4.1). The document is available here.

A Draft text of the Agreement on the New Partnership with the United Kingdom, which includes a chapter on fisheries, was published (18 March 2020) by the European Union. It is available here.

Leave a comment

Filed under International Organizations, State Practice

Vacancy: Knowledge Exchange Associate at University of Strathclyde

The One Ocean Hub at the University of Strathclyde (Glasgow, UK) is currently seeking a Knowledge Exchange Associate, with applications welcome until 26 May 2020.

For more information see here.

Leave a comment

Filed under Vacancies

Webinar: Do we have the right data for fighting maritime piracy?

SafeSeas and Stable Seas shall host a webinar, entitled,  Do we have the right data for fighting maritime piracy?, 9 June 2020 at 15.00 (BST). This event accompanies the release of their report, What We Know About Piracy.

For more information and registration see here. (update here).

Leave a comment

Filed under Events

Webinars: Global Ocean Series

The Intergovernmental Oceanographic Commission Of UNESCO shall host a series of 4 webinars, entitled, Global Ocean Series, 20-21 May 2020 and 10-11 June 2020. These four webinars will explore the question of how scaling between local management and large marine ecosystems (LMEs) connects to the UN Decade of Ocean Science for Sustainable Development.

For more information and registration see here.

Leave a comment

Filed under Events

Webinar: Keeping the Momentum for Ocean Action – Private Sector

The UN Department of Economic and Social Affairs, UN Global Compact and the United Nations Non-Governmental Liaison Service shall host a webinar, entitled, Keeping the Momentum for Ocean Action: Private Sector Participation and Engagement, 21 May 2020 at 09:00 (EDT). Registration is open until 18 May 2020 at 17:00 (EDT).

For more information and registration, see here and the flyer.

Leave a comment

Filed under Events

Vacancy: Law Clerk at Oceana

Oceana seeks a Law Clerk to assist the Legal Department, based in Washington D.C (USA). This position is designed for a current law school student in their 2L or 3L year of a J.D. degree or a lawyer pursuing an LL.M. degree. Applications are welcome until 29 May 2020.

For more information see here.

Leave a comment

Filed under Vacancies

Webinar: Sustainable Ocean Business and the 2030 Agenda

The UN Global Compact shall host a webinar, entitled, Online High Level Meeting on Sustainable Ocean Business and the 2030 Agenda, 2 June 2020 at 14:00 (GMT). The meeting will be informed by the UN Global Compact’s upcoming report, entitled, Ocean Stewardship 2030, which shall be released 26 May 2020.

For more information see the agenda and registration here.

Leave a comment

Filed under Events

Unite Ideas: Reboot the Ocean Challenge

Unite Ideas (a United Nations platform) shall host a global hackathon, entitled, Reboot The Ocean, welcoming submissions on 5 critical challenges identified for a healthy and productive ocean by 2030: (1) Sustainable seafood; (2) Set sail for decarbonized shipping; (3) Harnessing ocean electricity; (4) Mapping the ocean; and (5) End waste entering the ocean. Submissions are welcome until 20th May 2020.

For more information see here.

Leave a comment

Filed under Competitions

Webinar: Briefing on the new UN Ocean Treaty

The International Union of Marine Insurance shall host a webinar, entitled, Briefing on the new UN Ocean Treaty: Biological diversity of areas beyond national jurisdiction (BBNJ), on 19 May 2020, at 09:00 (CEST) or 20:00 (CEST).

For more information and to register for either session see here.

Leave a comment

Filed under Events

Survey: the BBNJ during the COVID-19 crisis

The MARIPOLDATA research group has launched a survey about the postponement of the negotiations towards a new treaty for the protection and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ). The group seeks to learn about perceptions on the potential effects of the COVID-19 crisis on the BBNJ Treaty and, also, how this situation has changed people’s interest and involvement in the process. The survey is open until 17 May 2020 and can be found here.

Leave a comment

Filed under Surveys

Webinar: Threats to Critical Global Ocean Supply Chains – Shipping During COVID-19

The UN Global Compact Academy shall host a webinar, entitled, Threats to Critical Global Ocean Supply Chains: Shipping During COVID-19, 14 May 2020 at 10:00 (ET).

For more information and registration see here.

Leave a comment

Filed under Events

Call for Abstracts: International Law and Marine Bioprospecting in a Nordic Context

The Department of Law at the University of Gothenburg, the Law of the Sea Institute of Iceland and the the Norwegian Centre for the Law of the Sea shall host a conference, entitled, International Law and Marine Bioprospecting in a Nordic Context, 12-13 October 2020 at the University of Gothenburg (Gothenburg, Sweden) and/or online. Abstracts are welcome until 15 June 2020.

For more information see here.

Leave a comment

Filed under Calls, Events

Webinar: Security and Maritime Conflicts in the South China Sea

The Middle East Institute (National University of Singapore) shall host a webinar, entitled, Security and Maritime Conflicts in the South China Sea, on 19 May 2020 at 15.00 (SGT).

For more information see here.

Leave a comment

Filed under Events

Webinar: Fuel Quality – Now and Tomorrow Amid Covid-19

SGS Inspire shall host a webinar, entitled, Fuel Quality: Now and Tomorrow Amid Covid-19, on 13 May 2020 at 08:30 (CEST/UTC+2h) and on 15 May 2020 at 09:00 (EDT/UTC -4h).

For more information see session 1 and session 2.

 

Leave a comment

Filed under Events

CJEU: Case C-641/18 (LG and Others v Rina SpA and Ente Registro Italiano Navale) judgement delivered

The Court of Justice of the European Union (CJEU) delivered judgment on Case C-641/18 (LG and Others v Rina SpA and Ente Registro Italiano Navale) on 7 May 2020. It was found that the victims of the sinking of a vessel, which sailed under the flag of Panama, may bring an action for damages before the Italian courts against the Italian organisations which classified and certified that vessel. Those organisations could rely on immunity from jurisdiction only in so far as their activities constituted an expression of the public powers of the Panamanian State.

The CJEU held, first, that an action for damages, brought against private-law corporations engaged in the classification and certification of ships on behalf of and upon delegation from a third State, falls within the concept of ‘civil and commercial matters’, within the meaning of Article 1(1) of Regulation No 44/2001 (‘the Brussels I Regulation’) and, therefore, within the scope of that regulation, provided that that classification and certification activity is not exercised under public powers, within the meaning of EU law. Secondly, the CJEU held that the principle of customary international law concerning immunity from jurisdiction does not preclude the national court seised from exercising the jurisdiction provided for by that regulation in a dispute relating to such an action, where that court finds that such corporations have not had recourse to public powers within the meaning of international law.

The press release of the judgement is available here. The Opinion of the Advocate General Szpunar, delivered in January 2020, is available here. The judgement is available here.

Leave a comment

Filed under Jurisprudence

Vacancy: postdoctoral research positions at the University of East Finland

Deadline for applications is 5 June 2020 with the University of Eastern Finland (UEF) for a postdoctoral research position on adaptive governance of freshwaters. As climate change drives changing hydrological conditions and ecosystem change, research is needed to establish the key changes needed in current legal and governance arrangements (e.g. under the EU Water Framework Directive). Information on this position is available here.

Other postdoctoral research positions opened at the UEF with a possible legal angle (on recreational use/tourism relating to aquatic environments and on the effects of microplastics on aquatic ecosystems) are available here.

Leave a comment

Filed under Vacancies

Vacancy: Postdoctoral Research Assistant at the University of Dundee

Applications are invited for a part-time Postdoctoral Research Assistant in the interdisciplinary 3 year research project ‘Risk Aware Port Inspection Drones’ (RAPID). The researcher will assist Dr Jacques Hartman, Reader in Law at Dundee Law School, in his role as Co-Investigator in the RAPID project. Applications are welcome until 31 May 2020.

For more information see here.

Leave a comment

Filed under Vacancies

Vacancy: Fisheries Management Adviser at FFA

The Pacific Islands Forum Fisheries Agency (FFA) is advertising for two full-time Fisheries Management Advisers, to be based in Honiara (Solomon Islands). Applications close 20 May 2020 at 7pm AEST.

For more information see here.

Leave a comment

Filed under Vacancies

Call for Papers: CMI Young Persons’ Essay Prize

The Comité Maritime International (CMI) invites submissions for the 2020 Young Persons’ Essay Prize for original unpublished writing in the field of maritime law. Submissions are welcome until 30 May 2020.

For more information see the Flier, CMI Essay Prize Rules and the changes in rules due to Covid-19.

Leave a comment

Filed under Calls

Agreement on Control Measures for Shared Pelagic Stocks in the North-East Atlantic for 2020

On 22 April 2020, the European Union, Norway and the Faroe Islands signed the Agreed Record of Conclusions of Fisheries Consultations Between Norway, The European Union and The Faroe Islands on Control Measures for Pelagic Stocks in the North-East Atlantic for 2020. According to paragraph 5, the agreed monitoring, control and surveillance measures found in Annexes I-V shall apply to “mackerel, herring, blue whiting and horse mackerel”. Annex VI establishes the Coastal States Monitoring, Control and Surveillance Working Group which aims to “establish best practice[s] in monitoring, control and surveillance (MCS) both at sea and on land, and recommend harmonised MCS measures”.

For further information see the Agreed record of conclusions on control measures for pelagic stocks in the North-East Atlantic for 2020 and the EU press release.

Leave a comment

Filed under State Practice, Treaties

CLCS: Vietnam and China Communications on Malaysia’s Partial Submission

April 2020 witnessed 3 further communications being submitted to the Commission on the Limits of the Continental Shelf (CLCS) concerning the Partial Submission by Malaysia in the South China Sea. On the 10 April 2020 Vietnam submitted Communication dated 10 April 2020 (Viet Nam 1) responding to the CLCS Submission by the Government of Malaysia. Vietnam also submitted Communication dated 10 April 2020 (Viet Nam 2) responding to the previously reported Communications dated 6 March 2020 (Philippines 1 and 2). On the 17 April 2020 China submitted Communication dated 17 April 2020 (China) responding to Communications dated 10 April 2020 (Viet Nam 1 and 2), as well as the previously reported Communication dated 30 March 2020 (Viet Nam).

For further information see the previous posts (1) and (2) and here.

Leave a comment

Filed under International Organizations, State Practice