The Institute of International Legal Studies at the University of the Philippines (UP-IILS) accepts submissions of papers for the Asia-Pacific Journal of International Humanitarian Law (IHL). Research on Naval Warfare or on IHL and Law of the Sea is explicitly accepted. In order to qualify for submission, an article must either be authored by someone from, or based in, the Asia-Pacific region or, alternatively, be about the Asia-Pacific region. The deadline is 10 January 2021. More information is available here.
Monthly Archives: November 2020
The Government of the United Kingdom (UK) has announced the creation of a Marine Protected Area (MPA) in the waters around its Overseas Territory of Tristan da Cunha (13 November 2020). This MPA is set to become the largest fully protected marine reserve in the Atlantic Ocean, at 687,000 square kilometres. The research leading to this declaration was supported by the UK’s Blue Belt Programme. More information is available here.
Associazione di Consulenza in Diritto del Mare (ASCOMARE) launched a call for papers for Volume I (“Law of the Sea and Definitions”) of its Yearbook on the Law of the Sea (YLoS). Contributions are sought in respect of articles examining the content and legal scope of undefined terms of the UN Convention on the Law of the Sea (UNCLOS) and other related instruments. The call also appreciates papers assessing the historical and evolutionary meaning of such terms against the backdrop of State practices and international case-law. Deadline for submission of abstracts is 30 January 2021. More information is available here.
South Korea’s Ministry of Foreign Affairs will host its Fifth International Conference on the Law of the Sea, entitled, Regional Cooperation and Marine Environment Protection under UNCLOS, 3-4 December 2020, online.
For more information and registration see here.
The United Nations Environment Programme (UNEP) and the Coordinating Body on the Seas of East Asia (COBSEA) shall convene the SEA of Solutions 2020 Conference, themed, Wasting less plastic and keeping it out of the ocean – Has the needle moved?, 24-26 November 2020, online.
For more information and registration see here.
As previously suggested, on 22 August 2020 Russia did exercise its right to submit preliminary objections in the Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen (Ukraine v. the Russian Federation), PCA Case No. 2019-28, contending that the Arbitral Tribunal does not have jurisdiction. Ukraine and Russia disagreed upon whether these preliminary objections are of “an exclusively preliminary character” that may result in bifurcation of the proceedings (Rules of Procedure, Art 11(3)). On 27 October 2020 the Arbitral Tribunal (UNCLOS, Annex VII) issued its Procedural Order No. 2, whereby:
THE ARBITRAL TRIBUNAL HEREBY ORDERS:
1. The Arbitral Tribunal considers that the Preliminary Objections of the Russian Federation appear at this stage to be of a character that justifies having them examined in a preliminary phase, and in accordance with Article 11, paragraph 3, of the Rules of Procedure, decides that the Preliminary Objections of the Russian Federation shall be addressed in a preliminary phase of these proceedings.
2. The proceedings on the merits are hereby suspended.
3. In accordance with paragraph 5(t) of Procedural Order No. l, Ukraine shall file any observations on the Preliminary Objections of the Russian Federation within three months of the date of this Order. Following receipt of these observations, the Arbitral Tribunal will decide whether any further written submissions are needed and, after consultation with the Parties, the time limits for such submissions.
4. If the Arbitral Tribunal, in delivering its award in the preliminary phase of the proceedings in accordance with Article 11 , paragraph 7, of the Rules of Procedure, declares that a Preliminary Objection does not possess an exclusively preliminary character, then, in accordance with
Article 11, paragraph 3, of the Rules of Procedure, that Objection shall be ruled upon in conjunction with the merits.
Judge Gudmundur Eiriksson appended a Dissenting Opinion to the Order of the Arbitral Tribunal. Eiriksson agreed with the decision of the Tribunal but did not share the reasoning of the Tribunal.
See further the PCA Press Release.
The Southampton Marine and Maritime Institute (SMMI) at the University of Southampton (UK) seeks to recruit up to 3 future-looking visionary researchers with strong interests in the oceans and the desire and ability to undertake multidisciplinary research. Law is one of the possible fields for applicants. This is for a full time fixed term (2 years) position. Deadline for applications is 27 November 2020. More information is available here.
The Institute for Sustainable Development and International Relations (IDDRI) is hosting a webinar entitled “Strengthening Monitoring control and surveillance through a High Seas Treaty”. The event takes place 17 November 2020. Simultaneous Spanish-English interpretation will be available. Registration is open here.
on 9 November 2020 the Memorandum of Understanding between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Greenland on enhancing cooperation on fisheries and related issues was signed in duplicate in London and Nuuk by representatives of the UK and Greenland. The governments of the UK and Greenland will establish a UK-Greenland fisheries dialogue (‘the Fisheries Dialogue’) to “discuss, share information, and cooperate on fisheries and marine issues, and other associated matters”.
The non-exhaustive list of matters for the Fisheries Dialogue includes fisheries, aquaculture, fish processing and the wider supply chain, broader marine conservation, scientific cooperation and mutual support in international fora (e.g. RFMOs) (Paragraph 1). Non-state actors may be involved, most notably in fostering private sector or scientific cooperation (Paragraphs 2, 5). The Fisheries Dialogue shall meet at least annually (Paragraphs 3-4). The MoU will come into effect on 1 January 2021 (Paragraph 7).
On 29 October 2020 the Framework Agreement on Fisheries Between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Faroes was signed in Copenhagen by representatives of the UK and Faroes Islands. The Framework Fisheries Agreement recognizes zonal attachment as an important principle of international fisheries management (preamble). Modern principles of international fisheries law shall guide cooperation (Article 1), with annual negotiations on the possible exchanges of quotas or access to waters (Articles 2-3). Parties shall cooperate on fishing vessel licensing (Article 4) and further future arrangements on monitoring, control and enforcement are envisaged (Article 5).
The Framework Fisheries Agreement applies to the EEZ (or variations thereof) and, subject to domestic ratification, will enter into force 1 January 2021 (Article 11). The Agreement applies only to metropolitan UK and only to the Faroes Islands (Article 10).
The Government of Norway submit a proposal (6 November 2020) to ban ships from using heavy fuel oil (HFO) near Svalbard archipelago. The Ministry of Climate and the Environment aims to legislate a requirement for fuel for motor traffic at sea in the entire territorial waters of Svalbard. The provision is designed as a ban on using or having on board other petroleum-based fuel than natural gas and marine gas oil. A more detailed definition of natural gas and marine gas oil is proposed to be included in regulations on motor traffic on Svalbard. The proposal includes a transition period of two years for general cargo traffic to Longyearbyen and Barentsburg. The need for transitional arrangements will be reassessed after the ongoing consultation stage (see here, deadline 6 February 2021). More information is available here (in Norwegian).
The Centro de Estudos em Direito do Mar (CEDMAR) of the University of São Paulo (Brazil) is hosting the 5th Brazilian Congress on the Law of the Sea. The overarching theme of this event is “transdisciplinarity” and it will take place online on 26 – 28 November 2020 (in Portuguese). Registration is open here.
The CSHIPP – Clean Shipping Project Platform is hosting a webinar on international clean shipping policies. The webinar focuses on the impacts of the selected policies, the assessment of the technology-based options available for the shipping sector to comply with their targets, as well as the options of the international community to enforce the legislation in a way that ensures compliance, and the benefits of these environmental measures for air quality, water quality, and climate, including human health and well-being. The agenda of this event is available here. This event takes place on 27 of November 2020. Registration is open here.
The National Youth Movement for the West Philippine Sea shall host the Second Virtual International Conference on the South China Sea, entitled, South China [West Philippine] Sea: Its Impact on the Southeast Asia and the World, 14 November 2020, from 15:00 (GMT+8) online.
For more information see here.
Matrix Chambers and Fietta LLP are hosting an interdisciplinary panel discussion about marine biodiversity in areas beyond national jurisdiction and recent developments. The panel will examine some of the key themes up for debate in the ongoing fourth session of the Intergovernmental Conference dedicated to the negotiation of a legally binding instrument under the UN Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. This event takes place on 18 November 2020, and registration form is open here.
The House Natural Resources Committee of the United States House of Representatives has introduced on 20 October 2020 the Ocean-Based Climate Solutions Act (OBSCA). Bill text of the OBSCA can be viewed here, a section-by-section summary is here, and a fact sheet on the bill can be viewed here. Among other measures, the OBSCA establishes monitoring, reporting, and verification requirements of greenhouse gas emissions applicable “to all vessels of 5,000 gross tons or more calling at, leaving, or transiting between, or at berth at, ports in the United States, regardless of flag” (sections 1401-1402). More information on OBSCA is available here and here.