Monthly Archives: July 2020

Consultation: EU Arctic Policy

The European Commission and the European External Action Service are undertaking a consultation to assess the relevance and completeness of the current focus areas of the EU’s An integrated European Union policy for the Arctic. Stakeholder contributions are welcome until 10 November 2020.

For more information see here, and participate here.

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Vacancy: Legal Expert with UNDP (Mauritius)

Deadline to submit applications is 31 July 2020 with the United Nations Development Programme for the Appointment of a Legal Expert (Law of the Sea) to Support the Joint Management Area (JMA) Demonstration Project Marine Spatial Planning (MSP) Phase II Process.

The JMA Demonstration project is assisting Mauritius and Seychelles in the development and demonstration of new management approaches for extended continental shelf areas, which can provide lessons and management techniques that could be replicated both within the western Indian Ocean and other similar maritime zones globally. The JMA covers an area of 396,000 sq. km extending seaward to the east beyond the existing EEZs of both coastal States and is the largest joint maritime zone in the world. More information is available here (Reference Number 67599).

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Consultation: EU International Ocean Governance Agenda

The European Commission and the European External Action Service are currently undertaking a targeted consultation to assess the development needs and options of the EU’s International ocean governance: an agenda for the future of our oceans. Stakeholder contributions are welcome until 15 October 2020.

For more information see here, and participate here.

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Virtual Event: CIMSEC Forum for Authors and Readers

The Center for International Maritime Security (CIMSEC) shall host its sixth annual CIMSEC Forum for Authors and Readers (CFAR), on the 27 August 2020 from 18:00 (EST). Nominations for speakers are accepted until 23 July 2020.

For more information see here.

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Virtual Event: Law-making in the Law of the Sea and Maritime Law

The International Foundation for the Law of the Sea (IFLOS) shall host a virtual event, entitled, Law-making in the Law of the Sea and Maritime Law, on the 13 August 2020, from 09:00 (CEST).

For more information and registration see here.

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Vacancy: Climate & Ocean Research Fellow at University of California, Berkeley

The Center for Law, Energy & the Environment (CLEE) at University of California, Berkeley School of Law accepts applications for the position of Assistant/Associate Specialist on Climate & Ocean Research. The Climate & Ocean Law & Policy Fellow will work on domestic and international law and policy issues, roughly splitting their time between projects within the Climate Program and projects within the Ocean Program. Specific research areas will likely include: (1) on the climate side, work on California climate programs related to renewable energy, energy efficiency, energy storage and zero-emission transportation; (2) on the ocean side, domestic offshore renewable energy development, international ocean law issues including deep sea mining and marine scientific research; and (3) other potential energy and environmental issues.

Final date for applications is 27 July 2020, but next review date is 20 July 2020 to ensure full consideration by the committee. More information here.

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Webinars: Tenth Annual South China Sea Conference

The Center for Strategic and International Studies (CSIS) shall host a monthly webinar series, entitled, Tenth Annual South China Sea Conference, the Keynote and Session One being held 14 July 2020.

For more information see here, and registration for Keynote and Session One here.

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Webinar: Supporting IMO’s GHG Reduction Strategy

The Global MTCC Network (GMN) shall host a webinar, entitled, Supporting IMO’s GHG Reduction Strategy in the developing world, including an Asia and Pacific Session (15 Jul 2020, from 08:00 BST) and an Africa and Caribbean Session (16 Jul 2020, from 16:00 BST).

For more information and registration see here and here.

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Webinar: State of Maritime Piracy 2019

The United Nations Office on Drugs and Crime’s Global Maritime Crime Programme and Stable Seas shall host a webinar, entitled, State of Maritime Piracy 2019, 14 July 2020 from 15:00 (BST).

For more information and registration see here.

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Webinars: Virtual Dialogues on the Path to COFI 34

In light of the thirty-fourth session of the FAO Committee on Fisheries (COFI) being postponed, the FAO will host a series of webinars, entitled, Virtual Dialogues on the Path to COFI 34, 14-16 July 2020. Various sessions will examine fisheries and aquaculture governance and development.

For more information and registration see here.

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USA: Northeast Canyons and Seamounts Marine National Monument fisheries restored

The President of the United States of America issued Proclamation on Modifying The Northeast Canyons And Seamounts Marine National Monument (5 June 2020). This proclamation restores commercial fishing that is carried out in accordance with Magnuson-Stevens and other applicable laws, regulations, and requirements. It reverses restrictions on commercial fishing set forth in Proclamation 9496, which prohibited commercial fishing, with a phase-out period for American lobster and red crab fisheries, within the monument’s boundaries.

In Massachusetts Lobstermen’s Association v. Ross, the United States Court of Appeals, District of Columbia Circuit (349 F.Supp.3d 48 (2018)), dismissed a complaint from several commercial-fishing associations that challenged the creation of the Monument (5 October 2018). The United States District Court, District of Columbia (9945 F.3d 535 (2019)) upheld that ruling (27 December 2019).

The new Proclamation may be found here.

750xNortheast_Canyons_and_Seamounts_Marine_National_Monument_MAP.jpg
Map of Northeast Canyons and Seamounts Marine National Monument. Source: NOAA.gov

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PCA: The ‘Enrica Lexie’ Incident (Italy v. India) Award

On the 2 July 2020 the Arbitral Tribunal (UNCLOS, Annex VII) in respect of the ‘Enrica Lexie’ Incident (Italy v. India), PCA Case No. 2015-28, issued its Award. In accordance with the Rules of Procedure (art. 23(5)), as amended by Procedural Order No. 7, the full (redacted) Award will be published following the Parties’ confidentiality review. An Award – Extracts for Advance Publication is available, containing the operative part of the Award (para. 1094). As an edited summary:

A. In relation to jurisdiction and admissibility
1. Finds (4-1 votes) there is a dispute concerning the interpretation or application of UNCLOS;
2. Finds (4-1 votes) the Arbitral Tribunal has jurisdiction over the dispute, subject to its decision on India’s Submission (1.a);
3. Finds (unanimously) India’s counter-claims are admissible;
4. Finds (3-2 votes) in respect of Italy’s Submission (2)(f), that UNCLOS arts. 2(3), 56(2) and 58(2) are not applicable;
5. Finds (3-2 votes) it has jurisdiction concerning the Marines’ immunity;
6. Finds (unanimously), concerning India’s submission (1.a), it’s unnecessary to determine the compatibility of India’s 1976 Maritime Zone Act and its 1981 Notification with UNCLOS.

B. In relation to the merits of the dispute between the Parties
1. Finds (unanimously), concerning Italy’s Submission (2)(b)-(e) and (g):

a. India did not breach UNCLOS art. 87(1)(a);
b. India did not violate UNCLOS art. 92(1);
c. UNCLOS arts. 97(1) and 97(3) are not applicable;
d. India did not violated UNCLOS art. 100 and art. 300 cannot be invoked;

2. Decides (3-2 votes), concerning Italy’s Submission (2)(f), the Marines are entitled to immunity and India is precluded from exercising jurisdiction thereof;
3. Decides (3-2 votes) concerning Italy’s Submission (3)(a) and (c), India must cease exercising criminal jurisdiction over the Marines and no other remedies are required;
4. Finds, concerning India’s Submissions (4), (5), and (7):

a. (3-2 votes) Italy did not violate UNCLOS art. 56;
b. (3-2 votes) Italy did not violated UNCLOS art. 58(3);
c. (unanimously) Italy did not infringed UNCLOS art. 88;

5. Finds (unanimously) concerning India’s Submission (6), Italy’s interference with the navigation of the “St. Antony” breached UNCLOS arts. 87(1)(a) and 90;
6. Decides (unanimously) concerning India’s Submission (8):

a. A finding that Italy breached UNCLOS arts. 87(1)(a) and 90 constitutes adequate satisfaction for India’s non-material interests;
b. India is entitled to compensation in connection with the loss of life, physical harm, material damage to property and moral harm suffered, which cannot be made good through restitution;
c. Parties are invited to consult on the quantification of compensation;
d. The Arbitral Tribunal retains jurisdiction should either Party or both Parties wish to apply for a ruling on the quantification of compensation, subject to the closure of proceedings should no application be received within one year.

C. In relation to the costs of these proceedings
Decides each Party shall bear its own costs.

For further information see the full unedited Award – Extracts for Advance Publication and previous reports.

Update (03/07/2020): For further information see India’s MEA Press Release and Italy’s MFAIC Press Release.

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