Monthly Archives: July 2022

UNGA: The human right to a clean, healthy and sustainable environment

On 28 July 2022 the United Nations General Assembly (UNGA) passed a Resolution, entitled, The human right to a clean, healthy and sustainable environment (161 votes in favour; China, Russian Federation, Belarus, Cambodia, Iran, Syria, Kyrgyzstan and Ethiopia abstaining). Relevant paragraphs include:

1. Recognizes the right to a clean, healthy and sustainable environment as a human right;

[…]

3. Affirms that the promotion of the human right to a clean, healthy and sustainable environment requires the full implementation of the multilateral environmental agreements under the principles of international environmental law;

UN Doc. A/76/L.75 (26 July 2022)

For more information see the UN press release and the preceding United Nations Human Rights Council Resolution 48/13.

Leave a comment

Filed under Editorial

Vacancy: Postdoctoral Research Fellow at University of Bergen

The University of Bergen (UiB) is currently advertising a position within the second call of the Shaping European Research Leaders for Marine Sustainability (SEAS) programme, entitled, SEAS postdoctoral research fellow in regulatory and governance challenges related to ocean sustainability. Applications are welcome until 31 October 2022. For more information see here.

Leave a comment

Filed under Vacancies

Vacancy: Ocean Policy Officer at WWF

The World Wide Fund For Nature (WWF) is currently advertising for a Ocean Policy Officer, focused on “supporting the implementation of WWF Blueprint for a Sustainable European Policy Agenda, with a focus on protecting marine biodiversity”. The candidate will be based at the WWF European Policy Office (Brussels, Belgium) and applications are welcome until 15 August 2022. For more information, see here.

Leave a comment

Filed under Vacancies

Webinar: Collaborative Ocean Governance in the Bay of Bengal

The Bangladesh Centre for Ocean Law and Policy (BCOLP) will host the first episode of its inaugural webinar series, entitled, Beyond Boundaries: Collaborative Ocean Governance in the Bay of Bengal, 30 July 2022, Online. For more information see here.

Leave a comment

Filed under Events

Summit: Tech, Law and Maritime Defense

TLMDS will host its first Tech, Law and Maritime Defense Summit, 11-13 October 2022, online. For more information on select speakers and to register see here.

Leave a comment

Filed under Events

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

The Brazilian Institute of Law of the Sea (BILOS) shall host its VI Congress of the Brazilian Institute of Law of the Sea on the 27-28 October 2022, in a hybrid format (University of Caxias do Sul (Brazil)/Online). The submission of papers is welcome until 31 August 2022.

For further information see here.

Leave a comment

Filed under Calls, Events

Fiji/Solomon Islands: Maritime Boundary Agreement signed

On 11 July 2022 the Republic of Fiji and Solomon Islands signed the Agreement between the Republic of Fiji and Solomon Islands concerning their Maritime Boundary. Article 3 provides for a single delimitation line concerning both the exclusive economic zone and continental shelf entitlements of the Contracting Parties. The official press releases (2) note that the agreement is consistent with, and aligned with, the intention of all Pacific Islands Forum (PIF) Members as expressed in the previously reported 2021 Declaration on Preserving Maritime Zones in the Face of Climate Change-related Sea-Level Rise. Thus, both Prime Minister Manasseh Sogavare (Solomon Islands) and Prime Minister Frank Bainimarama (Fiji) thereby declare the “permanence of their country’s respective maritime zones, irrespective of climate change-related sea-level rise and its potential impact on maritime boundaries”. 

Illustrative purposes only: Agreement between the Republic of Fiji and Solomon Islands concerning their Maritime Boundary, Annex.

Leave a comment

Filed under State Practice

Conference: Equity Perspectives on Global Ocean Law and Governance

Universität Hamburg will host an interdisciplinary conference, entitled, Equity Perspectives on Global Ocean Law and Governance, 7 September 2022, in a hybrid format (Hamburg (Germany)/Online). For more information and registration see here.

Leave a comment

Filed under Events

9th Yeosu Academy of the Law of the Sea

The Korea Maritime Institute is hosting the 9th Yeosu Academy of the Law of the Sea, 24 October – 4 November 2022, in Yeosu (Republic of Korea). Applications are welcome until 21 August 2022. Applicants should be from developing countries and those who are “engaged in maritime-related work”. No fees apply. For more information see here.

Leave a comment

Filed under Courses

Call for Papers: The Future of UNCLOS

The Australian National University College of Law Centre for International and Public Law (CIPL) and the Australian and New Zealand Society of International Law (ANZSIL) will host a conference, entitled, New Horizons: The Future of the United Nations Convention on the Law of the Sea, 9-10 December 2022, in a hybrid format (Canberra/online). Submission of abstracts is welcome until 8 August 2022. For more information see here.

Leave a comment

Filed under Calls, Events

Dispute Concerning the Detention of Ukrainian Naval Vessels/Servicemen, Award on Preliminary Objections

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, issued its Award on Preliminary Objections of the Russian Federation on 27 June 2022. However, consistent with Article 28(6) of the Rules of Procedure, the Parties to the Dispute were given an opportunity to designate “confidential information that they request to be redacted” and so the Award was only publicly published on 11 July 2022. The Operative part of the Award (Para. 208) unanimously concluded:

For the reasons set out above, the Arbitral Tribunal
Article 298(1)(b) Objection
a. Finds that the events of 25 November 2018 until a point in time after the Ukrainian naval vessels left anchorage area No. 471 constitute “military activities” excluded from the jurisdiction of the Arbitral Tribunal in accordance with Article 298(1)(b) of the Convention;
b. Finds that the events following the arrest of the Ukrainian naval vessels do not constitute “military activities” excluded from the jurisdiction of the Arbitral Tribunal in accordance with Article 298(1)(b) of the Convention;
c. Decides that the determination of the precise point at which the events ceased to be “military activities” within the meaning of Article 298(1)(b) of the Convention shall be ruled upon in conjunction with the merits;
Article 288(1) Objection
d. Declares that the objection that UNCLOS does not provide for an applicable immunity does not possess an exclusively preliminary character;
e. Decides that the objection that UNCLOS does not provide for an applicable immunity shall be ruled upon in conjunction with the merits;
Article 290 and 296 Objection
f. Rejects the objection that the Arbitral Tribunal has no jurisdiction over alleged breaches of the ITLOS Provisional Measures Order;
Article 279 Objection
g. Declares that the objection that Article 279 of the Convention provides no basis for the Arbitral Tribunal to claim jurisdiction as to the alleged aggravation of the dispute does not possess an exclusively preliminary character;
h. Decides that the objection that Article 279 of the Convention provides no basis for the Arbitral Tribunal to claim jurisdiction as to the alleged aggravation of the dispute shall be ruled upon in conjunction with the merits;
Article 283 Objection
i. Rejects the objection that Ukraine has not complied with Article 283 of the Convention;
Further Proceedings
j. Decides that it has jurisdiction over the dispute between the Parties, subject to the jurisdictional limitations set out above;
k. Decides that the proceedings on the merits are hereby resumed, and that the Russian Federation shall submit a Counter-Memorial no later than six months from the date of this Award;
Costs
l. Decides that the question of costs shall be ruled upon in conjunction with the merits.

Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen (Ukraine v. the Russian Federation), Award on Preliminary Objections of the Russian Federation [208]

For further information see previous reports.

Leave a comment

Filed under Jurisprudence, State Practice

2022 UN Ocean Conference: Lisbon Declaration

The 2022 UN Ocean Conference (The United Nations Conference to Support the Implementation of Sustainable Development Goal 14: Conserve and sustainably use the oceans, seas and marine resources for sustainable development), co-hosted by the Governments of Kenya and Portugal, occurred 27 June – 1 July 2022 in Lisbon (Portugal). The Conference adopted (A/CONF.230/2022/L1), without a vote, the Lisbon Declaration, entitled, Our ocean, our future, our responsibility (A/CONF.230/2022/L.2). In addition to this political declaration, many states made a host of new commitments, with “[c]lose to 700 commitments […] registered”.

Leave a comment

Filed under Events, State Practice

Virtual Course: Ocean Governance for Sustainable Marine Ecosystems

The Leibniz Centre for Tropical Marine Research,  International Ocean Institute (IOI) and German Development Institute (DIE) shall host a virtual training course, entitled, Ocean Governance for Sustainable Marine Ecosystems, 19-30 September 2022. Applications are welcomed until 15 July 2022, and applications from scholars from “tropical countries” are especially welcomed. For more information see here.

1 Comment

Filed under Courses