Monthly Archives: January 2022

2022 Rhodes Academy of Oceans Law and Policy

The 2022 session of the Rhodes Academy of Oceans Law and Policy has been scheduled for 3-22 July 2022. The deadline to submit an application is 29 April 2022. For more information, fees and application documents please see here. The Academy has a small number of extremely competitive scholarships available that are offered based on high academic merit and financial need.

Furthermore, see the Rhodes Academy Submarine Cables Writing Award sponsored by The International Cable Protection Committee the winner of which is awarded a full scholarship to the Rhodes Academy. Information on the 2022 Rhodes Academy Submarine Cables Writing Award is not yet available.

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Eritrea: Written Notice of IOTC Agreement Withdrawal

On 5 January 2022, the Indian Ocean Tuna Commission (IOTC) Secretariat issued IOTC Circular 2022-01, which includes a Communication (dated, 3 January 2022) from the the Government of the State of Eritrea on its intention to withdraw “its membership in the IOTC indefinitely as of the beginning of the year 2022”. Eritrea states it has “neither been an active member of the organisation nor did it honoured its financial obligations during the last 20 some years due to unfair, unfounded and unjustified sanctions imposed upon it”. Article XXI(1) of the IOTC Agreement provides that “Withdrawal shall become effective at the end of the calendar year following that in which the notice of withdrawal has been received by the Director- General” (i.e., 2023, unless the Commission makes a determination under Article IV(4)).

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The Day of Crisis Competition 2022

The Hague Academy of International Law will host the student competition, Day of Crisis, 29-30 April 2022, in the Hague (The Netherlands). Registration closes 20 January 2022. According to the Intelligence Briefing No 1 of 2021, “themes are related to activities of espionage, fisheries and other maritime activities, causes and consequences of climate change, international investment, and arbitration”. for more information see here.

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Vacancies: Lecturer at Southampton University

The University of Southampton has opened a permanent post in Southampton Law School at the level of Lecturer. Applications are welcome from candidates with an interest in any of the following areas: Insurance Law, Marine Insurance, Carriage of Goods by Sea, Enforcement of Maritime Claims, and Maritime Arbitration. The successful applicant will be expected to join the Institute of Maritime Law. Closing date for applications is 30 January 2022. More information is available here.

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Webinar: The Conundrum for International Law of Rising Sea Levels

The School of Law (University of Essex) shall host its Essex Public International Law Lecture Series (Spring Term), including, The Conundrum for International Law of Rising Sea Levels17 January 2022 (online).

For more information and registration see here.

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Jurisprudence: Vanuatu Ferry Ltd v Republic of Vanuatu 

The Supreme Court of the Republic of Vanuatu decided on 10 December 2021 on the case between Vanuatu Ferry Limited and Republic of Vanuatu (Case No. 20/1901 SC/JUDR).

This was a claim for judicial review in relation to decisions by the Director of the National Disaster Management Office (NDMO) and Director of Immigration of Vanuatu to refuse entry into Vanuatu of the claimant’s vessel, the Vanuatu Cargo, a Vanuatu-flagged ship, and its crew. It was held that in the circumstances, the defendant’s refusal to permit food and water to be delivered to the vessel’s crew constituted a breach of its obligations under article 94 of UNCLOS to ensure the safety of crew members at sea and that, accordingly, it was unlawful. The defendant’s decisions also breached article 28 of the IHR.

The full judgment file is available here or here.

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Vacancies: Legal Officer at the International Seabed Authority

The International Seabed Authority (ISA) is looking for a Legal Officer (Regulatory Affairs) to lead the work on the development of regulatory instruments for deep-sea mining in the international seabed Area, including the Mining Code and associated standards and guidelines. Deadline for applications is 30 January 2022 via the UN Careers Portal (here).

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Call for Papers: International Law & Climate Change

The International Law Association British Branch Annual Spring Conference, themed, International Law and Climate Change, will be held 29 April 2022 in a hybrid format (University of Surrey/Online). The panel on the Impacts of Rising Sea Level on Migration and Statehood, or suggested topics such as emission trading schemes, could be relevant to law of the sea submissions. Abstracts are welcome until 1 February 2022. For more information see the call for papers.

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UNGA: Annual Resolutions Adopted on Law of the Sea & Sustainable Fisheries

The United Nations General Assembly (UNGA) adopted two resolutions on the 9 December 2021Resolution 76/72: Oceans and the law of the sea and Resolution 76/71: Sustainable fisheries, including through the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, and related instruments.

Argentina stressed that certain recommendations contained in Resolution 76/72 cannot be considered as applying to states not parties to the 1994 Implementing Agreement, while Turkey voted against adoption, considering Turkey’s consistent objection to the view that UNCLOS has a “universal and unified character” (131 in favour to 1 against (Turkey) with 4 abstentions (Colombia, El Salvador, Nigeria, Venezuela)). Colombia, El Savador and Venezuela also distanced themselves from the universal nature of UNCLOS as non-parties to UNCLOS. Resolution 76/71 was adopted by consensus without a vote. Discussions (2) leading up to adoption include the position of state representatives on numerous topics, with the impacts of sea-level rise, plastic pollution, the South China Sea and discharges in the Fukushima area arising on several occasions.

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Conference: Climate Change, Maritime Law & Ocean Governance

The Hong Kong Commercial and Maritime Law Centre (City University of Hong Kong) shall host a conference, entitled, Climate Change, Maritime Law and Ocean Governance: Foreseeable Conflicts and Legal Remedies, 27-28 January 2022, Online (Zoom). For more information see the programme and registration.

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Courses: IMLI Course on Law of Ports 2022

The IMO International Maritime Law Institute (IMLI) is hosting a Course on the Law of Ports. This course emphasizes the importance of the work of the IMO for the efficient management of ports and the effective implementation by States of their obligations acquired under international treaties. It addresses many aspects of port operations, as well as numerous areas covered by IMO conventions and prescriptions which are of vital importance to the Law of Ports, including security, safety, marine environment protection, and trade facilitation. Applications are open until 25 January 2022. More information is available here.

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Call for Papers: Italia e diritto del mare

The SIDI – Gruppo d’Interesse sul Diritto del Mare will host a conference, entitled, Italia e diritto del mare, 29 April 2022, at the Università di Milano-Bicocca (Milan, Italy). Abstracts are welcome until 10 February 2022. For more information see the call.

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Course: Law of the Sea & Climate Change

The Singapore Cooperation Programme shall host an online course, entitled, Law of the Sea and Climate Change, 7-11 February 2022. Nominations (mid- to senior-level government officials working in port and maritime-related roles) from eligible countries are welcome until 10 January 2022.

For more information see here.

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ITLOS: The M/T “San Padre Pio” (No. 2) Case (Switzerland/Nigeria), Order 2021/6

Concerning The M/T “San Padre Pio” (No. 2) Case (Switzerland/Nigeria), on 29 December 2021, as per the request of Switzerland to which Nigeria had no objection, the President of the Tribunal in accordance with Article 105 of the Rules of the Tribunal:

Places on record the discontinuance, by agreement of the Parties, of the proceedings initiated on 17 December 2019 by Switzerland and Nigeria; and

Orders that the case be removed from the List of cases

Order 2021/6 of 29 December 2021.

As previously reported, in May 2021 Switzerland and Nigeria concluded a Memorandum of Understanding (MoU) providing for the immediate release of the M/T “San Padre Pio” vessel and the eventual discontinuance of The M/T “San Padre Pio” (No. 2) Case (Switzerland/Nigeria) proceedings, under Paragraph 4 of the MoU, “from the moment that the M/T ‘San Padre Pio’ enters the high seas, or the territorial sea or Exclusive Economic Zone of another State”. As per the letters submitted to the Tribunal in December 2021 by the Agent of Switzerland and the Agent of Nigeria, respectively, on 10 December 2021, the M/T San Padre Pio was released, departed the maritime zones of Nigeria and entered the exclusive economic zone of Bénin (Order 2021/6 paras 11-14). Finally, Paragraphs 5-6 of the MoU are quoted as providing that:

For the sake of clarity, upon the discontinuance of these proceedings, the Provisional Measures Order dated 6th July, 2019, made in: The M/T ‘San Padre Pio’ case (Switzerland/Nigeria) (Case No. 27) will cease to have effect

This agreement constitutes a full and final settlement of the matter relating to the MIT ‘San Padre Pio’ between the Parties

Order 2021/6 para 15

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