Monthly Archives: December 2022

by | 2022/12/16 · 1:45 PM

ITLOS: Request for an Advisory Opinion Submitted by COSIS, Order of 16 December 2022

Following the previously reported Request for an Advisory Opinion Submitted by COSIS, on 16 December 2022 the President of the ITLOS issued an Order of 16 December 2022, the operative paragraphs providing:

Decides, in accordance with article 113, paragraph 2, of the Rules of the Tribunal, that the intergovernmental organization listed in the annex to the present order are considered likely to be able to furnish information on the questions submitted to the Tribunal for an advisory opinion;

Invites, in accordance with article 113, paragraph 3, of the Rules of the Tribunal, the State Parties to the Convention, the Commission and the other organizations referred to above to present written statements on the questions submitted to the Tribunal for an advisory opinion;

Fixes, in accordance with article 133, paragraph 3, of the Rules of the Tribunal, 16 May 2023 as the time limit within which written statements may be presented to the Tribunal;

Decides, in accordance with article 133, paragraph 4, of the Rules of the Tribunal, that oral proceedings shall be held;

Reserves the subsequent procedure for further direction.

Request for an Advisory Opinion Submitted by COSIS, Order of 16 December 2022.

For more information see the ITLOS Press Release.

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by | 2022/12/15 · 2:45 PM

Conference: 40 years of Africa’s contribution to UNCLOS

The African Union will host a conference, entitled, 40 Years of Africa’s Contribution to UNCLOS, 16 December 2022 in a hybrid format (AU Headquarters, Ethiopia/Zoom). For more information see here and zoom here.

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by | 2022/12/13 · 8:15 AM

ITLOS: Request for an Advisory Opinion Submitted by COSIS

On 12 December 2022 ITLOS received a Request for an Advisory Opinion from the Commission of Small Island States on Climate Change and International Law (COSIS), pursuant to Article 2(2) of the COSIS Agreement and Article 21 of the ITLOS Statute and Article 138 of the Rules of the Tribunal (see previous reporting on COSIS; and on advisory opinion jurisdiction, the SRFC Advisory Opinion).

By unanimous decision of the COSIS Members at the Third Meeting of COSIS on 26 August 2022 (comprising of Antigua and Barbuda; Tuvalu; and the Republic of Palau. Note: Niue, Republic of Vanuatu and Saint Lucia all acceded to the COSIS Agreement after 26 August 2022), COSIS decided to refer the following question to ITLOS for an Advisory Opinion (registered as ITLOS Case No. 31):

What are the specific obligations of State Parties to the United Nations Convention on the Law of the Sea (the “UNCLOS”), including under Part XII:

(a) to prevent, reduce and control pollution of the marine environment in relation to the deleterious effects that result or are likely to result from climate change, including through ocean warming and sea level rise, and ocean acidification, which are caused by anthropogenic greenhouse gas emissions into the atmosphere?

(b) to protect and preserve the marine environment in relation to climate change impacts, including ocean warming and sea level rise, and ocean acidification?

Request for an Advisory Opinion of 12 December 2022, p. 1

Note, the COSIS Members decision is based on an approval of Recommendation CLE. 1/2022/Rec of the Committee of Legal Experts (18 June 2022) which was assisted by the work of the Sub-Committee on Protection and Preservation of the Marine Environment. Consistent with the mandates of the Commission (Art 1(3), COSIS Agreement), the Sub-Committee on Sea-Level Rise, Sub-Committee on Human Rights, and the Sub-Committee on Loss and Damages continue to operate and may “propose further activities that the Commission may undertake to contribute to the definition, implementation, and progressive development of rules and principles of international law concerning climate change” (Third Meeting of COSIS, Decision 3). Without prejudice to if it will be utilised, note in this respect Article 2(2) of the COSIS Agreement authorises the Commission to request advisory opinions (plural) from ITLOS.

As previously reported COSIS supported the Vanuatu ICJ Advisory Opinion Initiative, and Decision 2 of the Third Meeting of COSIS provides “that the Committee of Legal Experts should assist members of the Commission in making submissions to the ICJ as appropriate”.

For more information see the ITLOS Press Release.

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by | 2022/12/08 · 9:00 PM

Calls:  OGEL Special Issue on Carbon Capture and Storage

The journal Oil, Gas & Energy Law (OGEL) invites submissions for a Special issue focusing on Carbon Capture and Storage. This special issue will look at the key issues related to carbon capture, utilization, and storage, taking a multi-jurisdictional and multi-disciplinary perspective including both onshore and offshore projects. Topics of interest include: challenges with cross-jurisdictional projects, including CO2 pipelines, CO2 shipments and offshore storage and international law of the sea. Papers should be submitted by the end of March 2023 to the editors. More information available in the call for papers.

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by | 2022/12/08 · 1:30 PM

Webinar: UNCLOS@40

Gujarat Maritime University, in association with the Institute for Maritime Affairs and Law of the Sea (University of the Philippines) will host a webinar, entitled, UNCLOS@40, 10 December 2022 (Online). For more information see here.

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by | 2022/12/08 · 1:00 PM

ICCAT: management procedure for Atlantic bluefin tuna adopted

The International Commission for the Conservation of Atlantic Tunas (ICCAT) has for the first time in its history adopted a management procedure for Atlantic bluefin tuna. This novel measure, which is the result of the extensive collaboration among scientists, managers and stakeholders, should ensure long-term, sustainable and profitable fisheries of both the western stock and eastern Atlantic and Mediterranean stock. New management measures were also agreed for both North and South Atlantic swordfish stocks. More information available in ICCAT’s press release (21 November 2022).

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by | 2022/12/07 · 9:00 AM

ICJ Core Group of Nations: Draft Resolution for ICJ AO Initiative

On 29 November 2022 the ICJ Core Group of Nations, led by the Republic of Vanuatu, submitted a Draft Resolution to all UN Member States, entitled, Request for an advisory opinion of the International Court of Justice on the obligations of States in respect of climate change, for further and broadening consultation. The Vanuatu ICJ Initiative seeks to have the UN General Assembly (UNGA) vote on the adoption of the resolution at the 77th Session of the UNGA, likely in early 2023. The draft question to be submitted to the ICJ would adopt a cross-cutting and systemic approach to the body of international law concerning climate change and protection and preservation of the climate system. Thus, while law of the sea elements cannot be viewed in isolation, they are an integral part of the preambular paragraphs and operative paragraphs.

The operative paragraph of the Draft Resolution would provide:

Decides, in accordance with Article 96 of the Charter of the United Nations, to request the International Court of Justice, pursuant to Article 65 of the Statute of the Court, to render an advisory opinion on the following question:

“Having regard to the applicable treaties, including the Charter of the United Nations, the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the United Nations Framework Convention on Climate Change, the Paris Agreement, and the United Nations Convention on the Law of the Sea, and rules of general international law, including the duty of due diligence, the rights recognized in the Universal Declaration of Human Rights, the principle of prevention of significant harm to the environment, and the duty to protect and preserve the marine environment,

(1) What are the obligations of States under the above-mentioned body of international law to ensure the protection of the climate system and other parts of the environment for present and future generations;

(2) What are the legal consequences under these obligations for States which, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to:

(a)  Small island developing States and other States which, due to their geographical circumstances and level of development, are injured or specially affected by or are particularly vulnerable to the adverse effects of climate change?

(b)  Peoples and individuals of the present and future generations affected by the adverse effects of climate change?”

Draft UNGA Resolution: Request for an advisory opinion of the International Court of Justice on the obligations of States in respect of climate change

In related but distinct developments in possible advisory opinion proceedings, on 2 December 2022 Vanuatu acceded to the Agreement for the Establishment of the Commission of Small Island States on Climate Change and International Law.

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by | 2022/12/07 · 8:22 AM

OSPAR: consultation on the proposed expansion of the NACES MPA

The OSPAR Commission for the protection of the marine environment of the North-East Atlantic (OSPAR) is seeking views on whether to extend the North Atlantic Current and Evlanov Sea basin Marine Protected Area (NACES MPA) to cover the seabed and other species and habitats. This consultation, that starts on 1 December 2022 for a period of 3 months, invites views on new evidence presented in the revised nomination proforma that seeks to demonstrate clear linkages between the benthic and pelagic systems, explaining why this site is so important for seabirds and other species. More information is available here.

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by | 2022/12/07 · 8:00 AM

Conference: 40 Years of UNCLOS

The Centro de Estudos em Direito do Mar (CEDMAR) of the University of São Paulo (Brazil) will host the 5th Brazilian Congress on the Law of the Sea, themed, 40 years of the United Nations Convention on the Law of the Sea, 8-10 December 2022, in São Paulo/Santos (Brazil). For more information see here.

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by | 2022/12/06 · 2:19 PM

Vacancies: Postdoctoral Fellow at University of Bergen

The Faculty of Law at the University of Bergen (UiB) and The Norwegian Centre for Hydrogen Research (HyValue) are recruiting a Postdoctoral Fellow in energy and business law. Applicants are encouraged to submit a project proposal on regulatory aspects related to hydrogen and ammonia transport (in pipelines or ships), storage, and contracts. Closing date for applications is 8 January 2023. More information is available here.

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