Monthly Archives: June 2021

ISA: Nauru requests ISA Council to Complete Adoption of Exploitation Regulations

Through a letter dated 25 June 2021, Nauru exercised its rights under Section 1(15)(a) of the 1994 Agreement Relating to the Implementation of Part XI of UNCLOS to request that the Council of the International Seabed Authority (ISA) complete the adoption of the rules, regulations and procedures necessary to facilitate the approval of plans of work for exploitation in the Area. Nauru informed the ISA that a Nauruan entity sponsored by Nauru intends to apply for approval of a plan of work for exploitation in the Area in two years.

According to Section 1(15)(b), following such a request “the Council shall, in accordance with article 162, paragraph 2(o), of the Convention, complete the adoption of such rules, regulations and procedures within two years of the request”. Furthermore, Section 1(15)(c) provides “If the Council has not completed the elaboration of the rules, regulations and procedures relating to exploitation within the prescribed time and an application for approval of a plan of work for exploitation is pending, it shall none the less consider and provisionally approve such plan of work based on the provisions of the Convention and any rules, regulations and procedures that the Council may have adopted provisionally, or on the basis of the norms contained in the Convention and the terms and principles contained in this Annex as well as the principle of non-discrimination among contractors”.

For more information see here.

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Webinar: Distant Water Fishing Fleets – Challenges to Indonesia’s Maritime Security

The Indonesia Ocean Justice Initiative shall host a webinar, entitled, Distant Water Fishing Fleets: Challenges to Indonesia’s Maritime Security, 6 July 2021, online. For more information and registration see here and the announcement.

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Treaties: Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean enters into force

On 25 June 2021, the Agreement to prevent Unregulated High Seas Fisheries in the Central Arctic Ocean enters into force. This is the first multilateral agreement of its kind to take a legally binding, precautionary approach to protect an area from commercial fishing before such fishing has begun. There are currently no commercial fisheries in the Arctic high seas, with most of the region covered by ice year-round. However, with an ever-increasing ice-free area in the summer, commercial fishing may be possible in the foreseeable future. The Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean aims to manage potential fishing in the high seas of this region. More information on this treaty is available here (EU) and here (USA); the text of the treaty may be found here. Previous De Maribus reporting is here.

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Call for Papers: V Congresso do Instituto Brasileiro de Direito do Mar

The Brazilian Institute of Law of the Sea (BILOS) shall host its V Congress of the Brazilian Institute of Law of the Sea on the 11-12 November 2021, online. The submission of papers is welcome until 15 August 2021.

For further information see here.

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Events: Les nouveaux risques de l’aventure maritime

The Centre de Recherche sur les Relations entre les Risques et le Droit of the University of Lille is hosting a webinar entitled Les nouveaux risques de l’aventure maritime (The new risks of the maritime adventure). The event focuses on the risks associated with cyber-security and environmental issues on insurance and on jurisdictional competences, in close relation with the history of maritime insurance. This event takes place on 1-2 July 2021; it shall be held in French, and one of the sessions shall be billingual; the programme and further informatin is available here.

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Events: IUU Fishing Informational Workshop

The Jack D. Gordon Institute for Public Policy at Florida International University, in the United States of America, is hosting a two-day informational workshop on Illegal, Unreported and Unregulated (IUU) fishing. The event takes place online on 30 June – 1 July 2021. Global Fishing Watch and International Monitoring, Control, and Surveillance Network will speak about the most pressing issues in IUU fishing, tools that are being used to address these issues, and opportunities for collaboration in the maritime security environment. Registration is open here and further information available here.

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Vacancies: PhD fellowship at the Arctic University of Norway

Closing date is 1 August 2021 to apply for a doctoral fellowship at the Norwegian Centre for the Law of the Sea (NCLOS), Arctic University of Norway (Tromsø). NCLOS seeks candidates for one PhD position with projects proposals primarily within the theme Ocean space. Proposals, which aim at applying of law-in-context approaches such as legal geography, are encouraged. Project proposals on the other themes, sovereignty and ocean commons are also welcome. More information available here.

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CJEU: Case C-786/19 (The North of England P & I Association Ltd v Bundeszentralamt für Steuern) judgement delivered

The Court of Justice of the European Union (CJEU) delivered judgment on Case C-786/19 (The North of England P & I Association Ltd v Bundeszentralamt für Steuern). This corresponds to a request for a preliminary ruling from the Finanzgericht Köln (Finance Court, Cologne, Germany).

The CJEU held that “where insurance contracts concern the provision of cover for various risks linked to the operation of sea-going vessels which are entered in the shipping register maintained by a Member State but which fly the flag of another Member State or of a third State under a temporary flagging-out authorisation, the State that must be considered to be the ‘Member State of registration’ of the ship concerned and therefore, to be ‘the Member State where the risk is situated’, within the meaning of those provisions, holding the exclusive power to tax premiums paid with respect to those insurance contracts, is the Member State which maintains the shipping register in which the primary purpose of entering that ship is to prove ownership of that ship”.

The judgement (15 April 2021) may be found here and the Opinion of the Advocate General (27 January 2021) is available here.

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Conference: The Superposition of Legal Regimes at Sea

The MERCO Project will host a conference, entitled, The Superposition of Legal Regimes at Sea: theoretical and practical challenges, 24-25 June 2021, at Jean Moulin Lyon 3 University (Lyon, France). Participation is free of charge, but registration is required. To register, please send an e-mail to gaetan.balan@univ-lyon3.fr. For more information see here.

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India: Supreme Court Disposes of the ‘Enrica Lexie’ Incident Related Proceedings

The Indian Supreme Court, by Order of 15 June 2021 in Special Leave Petition (Civil) No 20370 of 2012: Massimilano Latorre and Ors vs Union of India and Ors, quashed the criminal proceedings against the Italian marines involved in the ‘Enrica Lexie’ Incident and disposed of all related pending matters before the court (Order, Paragraph 7). As per The ‘Enrica Lexie’ Incident (Italy v. India) Award, Paragraph 1094(B)(3), the Arbitral Tribunal had decided “India must take the necessary steps to cease to exercise its criminal jurisdiction over the Marines”. Likewise, in respect of The ‘Enrica Lexie’ Incident (Italy v. India) Award, Paragraph 1094(B)(6)(b) concerning compensation due by Italy, Italy and India “agreed to the amount of INR 100,000,000 (INR 100 million) to be paid by Italy as total compensation under all the four heads of compensable loss identified by the Arbitral Tribunal’s award” (Order, Paragraph 3). Finally, concerning Italy’s commitment to resume its criminal investigation, expressed during the ‘Enrica Lexie’ Incident (Italy v. India) proceedings, “Italy will resume its criminal investigation in the events of 15.02.2012 and that both India and Italy will cooperate with each other in pursuit of that investigation” (Order, Paragraph 3).

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Webinar: The Law of the Sea and Maritime Security Along the New Maritime Silk Road

The University of Zagreb (Croatia) and the University of Macerata (Italy) will host a webinar, entitled, The Law of the Sea and Maritime Security Along the New Maritime Silk Road, 15 July 2021, online. For more information see here.

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Vacancy: CIL Research Associate or Fellow

The Centre for International Law (National University of Singapore) is accepting applications for the position of Research Associate/Fellow (Oceans Law and Policy Programme), with a closing date of 31 July 2021. For more information see here.

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Call for Abstracts: 2021 Polar Law Symposium

The Polar Cooperation Research Centre (Kobe University), the Polar Law Institute (University of Akureyri), the Northern Institute for Environmental and Minority Law – Arctic Centre (University of Lapland) and the University of the Arctic and its Arctic Law Thematic Network (Finland) shall host the 14th Polar Law Symposium, themed, The Blue Earth, from the Poles, through the Law21-23 November 2021, in a hybrid format of online and at Kobe University (Kobe, Japan). Abstracts are welcome until 2 August 2021.

for further information see the call for abstracts and the website.

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Event: Maritime delimitation agreements and sovereignty claims

The Research Group on Natural Resources Law, the Research Group on International Governance, and Research Group on Human Rights, Armed Conflict, Peace and Security Law of the Faculty of Law at the University of Oslo (Norway) are jointly hosting a webinar entitled Maritime delimitation agreements and sovereignty claims: current trends and recent cases. Some of the questions to be addressed are: What can we learn from the recent maritime delimitation agreements for the way States deal with maritime claims? How does this affect non-State actors’ rights? Are we witnessing a shift in the manner we interpret the law of the sea, notably under new pressures for access to natural resources? The event takes place online on 11 June 2021, and registration is necessary. More information is available here.

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Webinar: Revisiting the Enrica Lexie Award

The Institute of International Shipping and Trade Law (Swansea University), supported by the European Society of International Law, will host a webinar, entitled, Flag State Jurisdiction, Incidental Jurisdiction, and the Protection of Merchant Vessels: Revisiting the Enrica Lexie Award, 30 June 2021, online.

For more information see here.

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Webinar: Securing the Subsea Data Cable Network

SafeSeas shall host a webinar, entitled, Securing the Subsea Data Cable Network: Time to Rethink?, 6 July 2021, online. For more information and registration see here.

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UN World Oceans Day 2021

The UN Division for Ocean Affairs and the Law of the Sea (Office of Legal Affairs) shall coordinate the United Nations World Oceans Day 2021, themed, The Ocean: Life and Livelihoods, 8 June 2021, online. For more information see here. A wide variety of further events occur throughout the week, see here.

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2021 Yeosu Academy of the Law of the Sea

The Korea Maritime Institute is hosting the 2021 Yeosu Academy of the Law of the Sea, 5-14 July 2021, online. Applications are welcome until 20 June 2021. Applicants should be from countries on the DAC List of ODA Recipients by OECD and no fees apply.

For more information see here.

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Event: Protection of Innocent and Transit Passage in Maritime Chokepoints

The Maritime Policy & Strategy Research Center at Haifa University (Israel) is hosting a webinar entitled “UNCLOS and the Protection of Innocent and Transit Passage in Maritime Chokepoints”. This event shall discuss practical implications, regulatory tools and lawful responses to violations of maritime transit, with a special focus on countries that are not party to UNCLOS. The webinar takes place 7 June 2021. More information is available here.

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Workshop: Legal Challenges Faced by Coastal and Fishing Communities and the New British Fisheries Policy

City University of London shall host a workshop, entitled, Legal Challenges Faced by Coastal and Fishing Communities and the New British Fisheries Policy, 8 June 2021, online.

For more information see here.

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