Monthly Archives: October 2022

In response to a 29 October 2022 attack on Russian Naval assets located in a naval base on the occupied Ukrainian territory of Sevastopol (UN General Assembly Resolution 68/262), Russia declared it will suspend its implementation of the (previously reported) Black Sea Grain Initiative with immediate effect for an indefinite period on the basis “the Russian side can no longer guarantee the safety of civilian dry cargo ships participating in the Black Sea Grain Initiative”. According to the Joint Coordination Centre (JCC), “The Russian Federation delegation also expressed its readiness to cooperate remotely on issues that require immediate decision by the JCC”. No agreement on vessel movements in the corridor was reached for 30 October 2022, but, in order to continue fulfilling the Initiative, “it was proposed that the Turkish and United Nations delegations provide [31 October 2022] 10 inspection teams aiming to inspect 40 outbound vessels”, an inspection plan accepted by the Ukraine delegation and informed to the Russian Federation. The “Ukrainian, Turkish and United Nations delegations agreed on a movement plan for [31 October 2022] for the maritime humanitarian corridor of 16 vessels, 12 outbound and 4 inbound”. The Russian delegation was informed of said movement plans. Among others, the UN Secretary General and Türkiye issued statements in response to the Russian suspension of its participation, the latter suggesting one consequence will be “during this period, there will be no ship exits from Ukraine”.

Earlier, on 20 October 2022, UNCTAD had reported on the contributions of the Black Sea Initiative to global food security. In the week before Russia’s suspension of participation, the JCC had reported on 24 October 2022 on delays and disruptions that had resulted in a backlog of vessels waiting in the territorial waters of Türkiye. A statement by Ukraine attributed these delays to the actions of Russia concerning inspections, while a Russian statement attributed delays to “an artificial traffic jam has been created in the port of Istanbul”.

For further information see the below map of the Black Sea Grain Initiative Shipping Route (25 August 2022) produced by the JCC (Sevastopol is not visible on the map as it lies eastward of the eastern boundary of the map).

On 27 October 2022 the Republic of Vanuatu formally announced at the UN General Assembly the composition of the ICJ Core Group of Nations, which currently includes: Antigua & Barbuda, Bangladesh, Costa Rica, Germany, Liechtenstein, Federated States of Micronesia, Morocco, Mozambique, New Zealand, Portugal, Samoa, Singapore, Sierra Leone, Uganda, Viet Nam, and Vanuatu. The Core Group of Nations are producing a zero draft of a resolution to be put before the UN General Assembly requesting an Advisory Opinion from the International Court of Justice (ICJ) and builds on previously reported formal endorsements by the respective leaders of CARICOM, PIF & OACPS. Note, Antigua & Barbuda is a member of the ICJ Core Group of Nations, aligning with the previously reported support of COSIS for the Vanuatu ICJ Initiative.

The currently reported schedule by the Vanuatu ICJ Initiative notes a zero draft of the proposed UNGA Resolution will be made public by 14 November 2022, opened for informal negotiations by 21 November 2022 and tabled for a vote by the UNGA between December 2022-February 2023 (i.e. during 77th Session of UNGA). The current draft question is not detailed in the Joint Statement, the Vanuatu Press Release, or the Resolution Elements Summary (October 2022), but possibilities are noted:

An opinion of the International Court of Justice could, among other things:

• Clarify the rights and obligations of States in respect of the adverse impacts of climate change on small island developing states and other climate vulnerable states, in particular, thereby facilitating international cooperation in this area;
• Encourage States to reflect their highest possible level of ambition, in keeping with the principle of common but differentiated responsibilities and respective capabilities in light of their different national circumstances, in preparing their NDCs under the Paris Agreement and supporting climate action;
• Clarify the due diligence requirements relating to climate action for emitters of greenhouse gases– past, present and future, and
• Clarify the implications for the human rights of present and future generations.

Vanuatu, Joint Statement on behalf of Core Group of Nations, UNGA, 27 October 2022.

For further information, note that UNEP also released its Emissions Gap Report 2022 on 27 October 2022. The executive summary (p. XVI) notes “Policies currently in place with no additional action are projected to result in global warming of 2.8°C over the twenty-first century. Implementation of unconditional and conditional NDC scenarios reduce this to 2.6°C and 2.4°C respectively”. The UNEP Press Release summarises “the international community is still falling far short of the Paris goals, with no credible pathway to 1.5°C in place”.

On 24 June 2022, Ecuador acceded to the Convention on the Conservation of Antarctic Marine Living Resources, thereby becoming an Acceding Party (Article XXIX). Acceding Parties are bound by the provisions of the CAMLR Convention, but are not permitted to fish in the CAMLR Convention Area, do not participate in decision-making, and do not contribute financially. On 19 October 2022 Ecuador then became a Member of the Commission. Consistent with Article VII(2)(b) of the CAMLR Convention, the press release by CCAMLR Secretariat notes Ecuador is currently engaged in research activities in relation to the marine living resources to which the CAMLR Convention applies. Members are involved in scientific research and/or fishing subject to CCAMLR Conservation Measures (Articles IX & XXI), contribute to the CCAMLR budget (Article XIX) and participate in decision-making (Article XII).