Monthly Archives: September 2022

USA–Pacific Islands Summit: Declaration on U.S.–Pacific Partnership

On 28-29 September 2022 the inaugural United States-Pacific Island Country Summit was held, including the governments of Cook Islands, Federated States of Micronesia, Fiji, French Polynesia, Nauru, New Caledonia, Palau, Papua New Guinea, Republic of the Marshall Islands, Samoa, Solomon Islands, Tonga, Tuvalu, Vanuatu, and the United States of America. On 29 September 2022 the United States-Pacific Island Country Summit issued the Declaration on U.S.-Pacific Partnership which, among 11 agreed points, includes:

Sixth, we resolve to protect the Blue Pacific and enhance the laws that govern it.

Seventh, we resolve to maintain peace and security across the Blue Pacific Continent.

2022 Declaration on U.S.-Pacific Partnership

Further detail on initiatives to implement the USA’s commitments is found in the U.S. Roadmap for a 21st-Century U.S.-Pacific Island Partnership, published 29 September 2022. On 29 September 2022, the USA also published a national strategy dedicated to the Pacific Islands, entitled, Pacific Partnership Strategy, which is supportive of the U.S. Indo-Pacific Strategy and “aligned with the goals” of the Pacific Island Forum’s 2050 Strategy for the Blue Pacific Continent.

Significant commitments and policies of interest across a range of thematic areas of ocean governance are found within the documents cited above. To highlight here, following previous reporting (2), is the practice addressing the preservation of maritime zones:

We acknowledge the threats posed by climate change-related sea-level rise to regional security, peace, prosperity, and development. It is essential that maritime zones and the rights and entitlements that flow from them must be maintained without reduction, notwithstanding any physical changes connected to climate change-related sea-level rise, recognizing that SIDS and other coastal States have planned their development in reliance on their rights to such maritime zones […]

2022 Declaration on U.S.-Pacific Partnership

Sea-Level Rise: The United States is adopting a new policy on sea-level rise and maritime zones. This policy recognizes that new trends are developing in the practices and views of States on the need for stable maritime zones in the face of sea-level rise, is mindful of the Pacific Island Forum’s Declaration Preserving Maritime Zones in the Face of Climate Change-related Sea-Level Rise, commits to working with Pacific Island States and other countries toward the goal of lawfully establishing and maintaining baselines and maritime zone limits, and encourages other countries to do the same

Roadmap for a 21st-Century U.S.-Pacific Island Partnership

Secondly:

Recognition of Cook Islands and Niue: The United States will recognize the Cook Islands and Niue as sovereign states, following appropriate consultations.

Roadmap for a 21st-Century U.S.-Pacific Island Partnership

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Lecture: Climate Change & the Oceans

The Center for Law, Energy & the Environment (UC Berkeley School of Law) shall host the Fall 2022 Harry & Jane Scheiber Lecture in Ocean Law & Policy, entitled, Climate Change and the Oceans: An Existential Challenge for International Law, 17 October 2022, in a hybrid format (UC Berkeley Law School/Zoom). For more information and registration see here and here.

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UN: FSO Safer Emergency Operation Funded

An ongoing UN-Coordinated Plan aims to prevent and prepare for a possible oil spill from the deteriorating floating storage and offloading unit, FSO Safer, moored off the coast of Yemen, with an estimated 1.14 million barrels of light crude oil on board (IMO Circular Letter No. 4561). The UN-Coordinated Operation Plan is undertaken in close consultation with Yemeni parties, including the support of the Government of Yemen in Aden and a Memorandum of Understanding (5 March 2022) with the Sana’a-based authorities, which control the area where the vessel is located. Following additional funding pledges by the Netherlands on 17 September 2022, the $75 million required to start the first phase of the emergency operation was reached (via public participation, UN crowdfunding campaign and donor states). On 21 September 2022 the Netherlands, the United States and Germany, as the largest donors, co-hosted a high-level side event (2) at the United Nations General Assembly Week addressing necessary follow-up steps and how the operation will actually be carried out. The emergency salvage operation will involve transferring the oil into a safe vessel. The second phase, which will require an additional $38 million, envisages installing a permanent storage solution and scrapping the FSO Safer.

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ISA: LTC Recommendations allow polymetallic nodule collector testing in Clarion-Clipperton Zone

On 22 July 2011 Nauru Ocean Resources Inc. (NORI), a wholly-owned subsidiary of The Metals Company, was granted a polymetallic nodule exploration contract concerning 4 areas in the Clarion Clipperton Zone (CCZ), sponsored by the government of the Republic of Nauru.

ISA, Nauru Ocean Resources Inc

An environmental impact statement from NORI regarding its plans to carry out testing of a polymetallic nodule collector system components, in the NORI-D Contract Area of the eastern Clarion-Clipperton Zone was submitted on 30 July 2021, with updates and resubmission on 1 March 2022. A Environmental Management and Monitoring Plan (EMMP) was submitted on 2 May 2022. The Legal and Technical Commission (LTC) made requests concerning the detail of the EIA in March 2022 and both the EIA and EMMP in July 2022 (ISBA/27/C/16/Add.1, paras. 42-47):

The Commission therefore decided that it was unable to recommend to the Secretary-General of the Authority that the environmental impact statement be included in the programme of activities of NORI.

ISBA/27/C/16/Add.1, para. 46.

In August 2022 the LTC concluded its review of the additional information provided by NORI on 1 August 2022 and recommended to the Secretary-General of ISA that the completed EIS be incorporated into the programme of NORI’s activities under its exploration contract with ISA. On 5 September 2022, the Secretary-General notified the contractor of the recommendation of the LTC (ISA Press Release) and the pilot collection system trials in the NORI-D Exploration Area (see below) are scheduled to begin in September 2022.

ISA Contract for Exploration Public Information Template: NORI, p. 4.

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Conference: Women in the Law of the Sea

The International Seabed Authority, in partnership with the Permanent Representation of Singapore to the United Nations, will host a conference (CfP previously reported), entitled, Women in the Law of the Sea: Celebrating the 40th Anniversary of the Adoption of UNCLOS, 26-28 September 2022, in a hybrid format (New York/Virtual). For more information see here and here.

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Call for Papers: A New World Disorder

Two consecutive conferences, namely the NKR/JTMS Joint Conference & KISA 14th Annual Convention, themed, A New World Disorder: Security Risks, Challenges, and Opportunities, will be hosted at the Yonsei Institute of North Korean Studies, South Korea, 24-26 November 2022. Abstract, including on a number of non-exhaustive law of the sea topics are welcome until 1 October 2022. for more information see here.

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Republic of Congo: Establishment of Three Marine Protected Areas

Between 29-31 August 2022, the Government of the Republic of Congo, with the support of organisations including the Wildlife Conservation Society (WCS), officially “announced the creation of the country’s first three Marine Protected Areas (MPAs) protecting marine resources and coastal habitats across more than 4,000 square kilometers (1,544 square miles) and representing 12.01 percent of Congo’s Exclusive Economic Zone (EEZ)” (WCS Press Release). The Ministre de l’Économie Forestière en République du Congo (2) is responsible for protected areas, with a Commission Nationale de Classement approving the Loango Bay Marine Protected Area on 29 August 2022, the expansion of the maritime component of the Conkouati-Douli National Park on 30 August 2022 and the establishment of Mvassa Marine Protected Area on 31 August 2022.

WCS Press Release

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Conference: Operational Maritime Law

The NATO Centre of Excellence for Operations in Confined and Shallow Waters, in co-sponsorship with the Stockton Center for International Law at the United States Naval War College, and in cooperation with the Ministry of National Defence of the Republic of Lithuania will host a conference, entitled, Operational Maritime Law, 10-13 October 2022, in Vilnius, Lithuania. For more information see here.

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Solomon Islands: Temporary Suspension of Approvals Concerning Foreign Naval Visits or Patrols

On 30 August 2022, following the unsuccessful/aborted port calls of the USCGC Oliver Henry and HMAS Spey to the Solomon Islands during their participation in the Pacific Islands Forum Fisheries Agency-led, Operation Island Chief, the Solomon Islands have indicated:

“[T]he need for the government to review and refine its approval requirements and procedures for visiting military vessels to Solomon Islands […] to this end we have requested our partners to give us time to review and put in place our new processes before sending further requests for military vessels to enter the country […]

The government has asked all partner countries with plans to conduct naval visits or patrols to put them on hold until a revised national mechanism is in place. These will universally apply to all visiting naval vessels”

GCU Press (30 August 2022)

The port call of USNS Mercy on 30 August 2022 was unaffected due to prior diplomatic clearance. Note, the GCU Press Release refers to a need for diplomatic clearance to enter the Solomon Islands “waters” and “the Government have communicated its position to all countries requesting to send in naval ships into Solomon Islands waters”.

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Vacancies: legislative drafting services for British Virgin Islands

The Government of the Virgin Islands is inviting candidates to submit Expressions of Interest to create a specialist panel to provide legislative drafting services for the comprehensive review of the maritime laws of the British Virgin Islands. The primary objective of this undertaking is to create a Legislative Drafting Maritime Panel consisting of individuals who can efficiently and effectively provide the required legal drafting services to the Government to draft the primary and subsidiary legislation required to give effect to the review of the British Virgin Islands’ maritime laws, to undertake peer review of drafts produced by other drafters as part of the Project and to liaise with them on their projects where appropriate. Expressions of Interest must be submitted no later than 26 September 2022. For further information consult the Virgin Islands Shipping Registry press release.

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Vacancy: Researcher at University of Eastern Finland

The University of Eastern Finland Law School is currently advertising a Postdoctoral Researcher/Project Researcher/Doctoral Researcher position addressing EU Marine Environmental Law and Policy, within its Centre for Climate Change, Energy and Environmental Law. Applications are welcome until 22 September 2022. For more information see here.

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Call for Papers: Maritime Security Interventions in the Gulf of Guinea

The Gulf of Guinea Maritime Institute (GoGMI) welcomes papers for the maiden edition of the GoGMI Journal of Maritime Research, The Gulf Spectrum, addressing the theme: Maritime Security Interventions in the Gulf of Guinea. Abstracts are welcome until 19 September 2022. For more information see here.

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Vacancy: PhD Researcher at Wageningen University

The Environmental Policy group at Wageningen University is looking for a PhD researcher, entitled, Marine Actors and Governance Process, to work in the NWO funded OR ELSE (Operational Recommendations for Ecosystem-based Large-scale Sand Extraction) programme. OR ELSE focuses on the challenge of climate-induced increase of sand extraction volumes for coastal defence and the effects on ecology and other uses (e.g. fisheries) in the Dutch North Sea. Applications are welcome until 22 September 2022. For more information see here.

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