The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships is set to enter into force after Bangladesh and Liberia became Contracting States to the Convention. The treaty was set to enter into force 24 months after the following required criteria have been met: not less than 15 States; not less than 40% of the world’s merchant shipping by gross tonnage; and ship recycling capacity of not less than 3% of the gross tonnage of the combined merchant shipping of those States. These conditions have now been met and the Hong Kong Convention will enter into force on 26 June 2025. See further in IMO press release.
Monthly Archives: June 2023
Courses: Philippine International Law of the Sea Academy 2023
The Ateneo Society of International Law announced the launch of the Philippine International Law of the Sea Academy. The course consists of an intensive 24-hour training course on the law of the sea comprising 12 modules. The course takes place July 1-16, 2023. Registration is open until 28 June 2023. Further information is available here; the primer of the event can be found here.
Filed under Courses
EU: 11th package of sanctions against Russia (transport measures)
The European Union (EU) announced in 23 June 2023 the adoption of the 11th package of sanctions against Russia for its continued illegal war against Ukraine. Aside from measures on trade, the EU is also imposing measures applicable to vessels and reliant on its Member States’ port State jurisdiction:
- Prohibition to access EU ports for vessels that engage in ship-to-ship transfers suspected to be in breach of the Russian oil import ban or G7 Coalition price cap.
- Prohibition to access EU ports for vessels if a vessel does not notify the competent authority at least 48 hours in advance about a ship-to-ship transfer occurring within the Exclusive Economic Zone of a Member State or within 12 nautical miles from the baseline of that Member State’s coast.
- Prohibition to access EU ports for vessels which manipulate or turn off their navigation tracking system when transporting Russian oil subject to the oil import ban or G7 price cap.
A summary of the full list of sanctions of this package may be found in this press release from the European Commission.
Filed under International Organizations, State Practice
ICJ: Authorisation of IUCN & COSIS to participate in Climate Change (AO) proceedings
As previously reported, by Order of 20 April 2023, the ICJ invited states entitled to appear before the ICJ and any international organisations likely to be able to furnish information to submit written statements in respect of Obligations of States in respect of climate change (Request for an Advisory Opinion). It was noted this Order was without prejudice to the possibility of the further addition of participants to the proceedings by authorisation of the ICJ. Pursuant to Article 66 of the ICJ Statute, on 14 June 2023 the ICJ decided that the International Union for Conservation of Nature (IUCN) is likely to be able to furnish information on the questions submitted to the Court by the General Assembly and therefore authorised the IUCN to participate in the proceedings (ICJ Press Release No. 2023/29). Pursuant to Article 66 of the ICJ Statute, on 22 June 2023 the ICJ decided that the Commission of Small Island States on Climate Change (COSIS) is likely to be able to furnish information on the questions submitted to the Court by the General Assembly and therefore authorised the COSIS to participate in the proceedings (ICJ Press Release No. 2023/32).
Filed under International Organizations, Jurisprudence
Norway: recommendation on continental shelf mineral works approved
The Government of Norway approved (20 June 2023) and published a recommendation on mineral works on the Norwegian continental shelf. The recommendation proposes to open parts of the Norwegian continental shelf for commercial seabed mineral activities. The Government’s white paper may be found here, together with supporting studies and impact assessment. Before an area can be opened for mineral activities, an opening process must be carried out; this process was initiated by the Ministry of Petroleum and Energy in 2020. The Act relating to mineral activities on the Norwegian continental shelf – the Seabed Minerals Act – entered into force on 1 July 2019.
Filed under State Practice
BBNJ Agreement Adopted
On 19 June 2023 the further resumed fifth session of the intergovernmental conference adopted by consensus without a vote the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (currently available as UN Doc A/CONF.232/2023/4). The Coordinator of the previously reported Open-Ended Informal Working Group on Technical Edits and Language Harmonization reported on their work. In general, statements made by representatives of States and regional economic integration organizations appear positive, with a number signalling their intent to sign the BBNJ Agreement on 20 September 2023, and ratify soon thereafter (e.g. Singapore and the Pacific Islands Forum Members). However, the Russian Federation representative “distanced himself from the consensus on the agreement’s text, adding: ‘This instrument is unacceptable. The matter of our participation in it cannot be considered'”. The Representative of Venezuela stressed that its joining of consensus should not be interpreted as a modification of its position on UNCLOS, to which it is not a party.
The next steps are found in Article 65 of the BBNJ Agreement, which now provides:
This Agreement shall be open for signature by all States and regional economic integration organizations from 20 September 2023 and shall remain open for signature at United Nations Headquarters in New York until 20 September 2025.
BBNJ Agreement, Article 65
Ratification, approval or acceptance by States and regional economic integration organizations is addressed in Article 66 of the BBNJ Agreement. Accession by States and regional economic integration organizations after 20 September 2025 is addressed in Article 66 of the BBNJ Agreement. Entry into force and provisional application are addressed in in Articles 68-69 of the BBNJ Agreement.
The further resumed fifth session of the IGC is being held 19-20 June 2023. On 20 June 2023 the general exchange of views will continue (UN Doc A/CONF.232/2023/L.4)
Filed under International Organizations, State Practice, Treaties
COSIS: Eight Members of the Commission
As of 16 June 2023, the deadline for which written statements may be presented to ITLOS in the Request for an Advisory Opinion submitted by the Commission of Small Island States on Climate Change and International Law (Request for Advisory Opinion submitted to the Tribunal), the Commission of Small Island States on Climate Change and International Law (COSIS) is comprised of eight States, who are Parties to the COSIS Agreement (Article 3(2)). Following previous reports, the latest two Parties to the COSIS Agreement are Saint Vincent and the Grenadines (Accession; 9 June 2023) and The Federation of Saint Christopher (Saint Kitts) and Nevis (Accession; 13 June 2023).
Filed under State Practice, Treaties
Summer School: EULoS 2023
The ninth edition of the EULoS Summer School, European Union and the Law of the Sea, will be held 28 August – 8 September 2023, in Genoa, Italy. Applications are welcome on a rolling basis. For more information see the EULoS website.
Filed under Courses
ITLOS: Election of Seven Members of the Tribunal 2023
The Thirty-Third Meeting of States Parties to the United Nations Convention on the Law of the Sea (SPLOS) have elected seven Members of the International Tribunal for the Law of the Sea (ITLOS), following voting held 14 June 2023 (UNCLOS, Annex VI, Article 4; see nominations).
The States Parties re-elected Vice-President Tomas Heidar (Iceland) and elected Ms Frida María Armas Pfirter (Argentina), Mr Hidehisa Horinouchi (Japan), Mr Thembile Elphus Joyini (South Africa), Mr Osman Keh Kamara (Sierra Leone), Mr Konrad Jan Marciniak (Poland) and Mr Zha Hyoung Rhee (Republic of Korea)(see curricula vitae of candidates nominated by States Parties). The nine year term of each Member will commence 1 October 2023 (Rules of the Tribunal, Article 2).
The term of office for six Members of the Tribunal shall expire 30 September 2023, namely President Albertus Jacobus Hoffmann, Judge Stanislaw Michal Pawlak, Judge Shunji Yanai, Judge James Luta Kateka, Judge Jin-Hyun Paik and Judge Alonso Gómez-Robledo Verduzco. For more information see the ITLOS Press Release.
Filed under International Organizations, State Practice
Malaysia/Indonesia: Two Maritime Delimitation Agreements Signed
On 8 June 2023 the respective Ministers of Foreign Affairs of Indonesia and Malaysia signed the Treaty between Malaysia and the Republic of Indonesia Relating to the Delimitation of the Territorial Seas of the Two Countries in the Southernmost Part of the Straits of Melaka (signed 8 June 2023, not yet in force) and Treaty between Malaysia and the Republic of Indonesia Relating to the Delimitation of the Territorial Seas of the Two Countries in the Sulawesi Sea (signed 8 June 2023, not yet in force). While the texts of the agreements have not yet been released, the titles indicate further partial delimitation of the territorial seas as between the two opposite (SOM Treaty) and adjacent (Sulawesi Sea Treaty) states. The accompanying Joint Statement By The Honourable Prime Minister Of Malaysia And His Excellency President Of The Republic Of Indonesia (8 June 2023) affirms that the agreements follow “almost two decades of negotiations on maritime boundaries delimitation” and that the parties will seek the simultaneous entry into force of both treaties. In respect of the Sulawesi Sea Treaty, remaining land boundary ‘issues’ which could be of interest to maritime delimitation include in respect of the maritime feature of Pulau Sebatik, such as “the intertidal area in the east of Pulau Sebatik” and “the gap from the low water line to Point M”. The parties seek to resolve the remaining land boundary issues within one year (June 2024). Finally, “the two Leaders also agreed to task their maritime boundary negotiation teams to commence as soon as possible negotiations on all the remaining and outstanding maritime boundaries between both countries simultaneously”.
For wider context, on the SOM Treaty, see: Agreement between the Government of Malaysia and the Government of Indonesia on the delimitation of the continental shelves between the two countries (27 October 1969); Treaty between the Republic of Indonesia and Malaysia Relating to the Delimitation of the Territorial Seas of the Two Countries in the Strait of Malacca (1970, in force 8 October 1971) and Treaty between the Republic of Indonesia and the Republic of Singapore relating to the delimitation of the territorial seas of the two countries in the western part of the Strait of Singapore (2009, in force 30 August 2010). For wider context on the Sulawesi Sea Treaty, see: Sovereignty over Pulau Ligitan and Pulau Sipadan (IndonesialMalaysia), Judgment (17 December 2002) and Agreement between the Government of the Republic of Indonesia and the Government of the Republic of the Philippines concerning the delimitation of the exclusive economic zone boundary (2014, in force 1 August 2019). Finally, on fisheries law enforcement concerning undelimited waters, the Joint Leaders’ Statement (8 June 2023) calls for effective implementation of the Memorandum of Understanding Between the Government of Malaysia and the Government of the Republic of Indonesia in Respect of the Common Guidelines Concerning Treatment of Fisherman by Maritime Law Enforcement Agencies of Malaysia and the Republic of Indonesia (27 January 2012).
Filed under State Practice, Treaties
Roundtable: East Asia States’ Potential Leadership
The Development of International Law in Asia-Korea (DILA-KOREA) and The Center for International Studies (ICIS) of Inha University, Korea will organise a hybrid roundtable, entitled, East Asia States’ Potential Leadership, 15 June 2023, held at the Canon Institute for Global Studies (CIGS, Tokyo, Japan) and online (Zoom). Session 2 is entitled ‘Japan’s release of contaminated/treated water from Fukushima: contemporary issues and challenges’. For more information see here.
Filed under Events
Call for Papers: Revisiting Interactions Between Legal Orders
The Department of Law of the University of Cyprus will host the 2024 ESIL Research Forum, themed, Revisiting Interactions between Legal Orders, 18-19 April 2024, at the University of Cyprus (Nicosia, Cyprus). Abstracts are welcome until 30 September 2023. For more information see the call for papers.
Vacancy: Project Researcher at Åbo Akademi University
The Law School of Åbo Akademi University is currently seeking a Project Researcher in Marine Environmental Law (3 years fixed term), starting 16 October 2023 (or as per agreement). The researcher should specialise in legal issues related to marine environmental protection, biodiversity, and marine protected areas and is required to hold a Doctor’s degree in a relevant field. Applications are welcome until 16 August 2023. For more information see here.
Filed under Vacancies
Vacancy: Ph.D Candidate at Leuphana University Lüneburg
The newly founded Joachim Herz Doctoral School (Leuphana University Lüneburg) is currently inviting applications for nine Ph.D. Scholarships to participate in their structured Ph.D. programme on Law and Transformation, beginning 1 October 2023 (4-year programme). Scholarships are open to graduates of law (and related social science disciplines) and includes consideration of Ph.D project proposals addressing the law of the sea, including fisheries law. Applications are welcome until 11 June 2023. For more information see here.
Filed under Vacancies
World Ocean Day 2023
The UN Division for Ocean Affairs and the Law of the Sea (Office of Legal Affairs) shall coordinate the United Nations World Oceans Day 2023, themed, Planet Ocean: tides are changing, 8 June 2023. For more information see here. A wide variety of further events occur throughout the week, see here
World Ocean Day is celebrated 8 June 2023, under the coordination of The Ocean Project. This year’s theme is, 30×30, and events around the world will occur in the week surrounding the 8 June 2023. For more information, see the host of events listed here.
Filed under Events
Call for Papers: ASCOMARE Yearbook on the Law of the Sea Vol. 3
Associazione di Consulenza in Diritto del Mare (ASCOMARE) has launched a call for papers for the Third Volume of its Yearbook on the Law of the Sea (YLoS), entitled, Maritime Security, New Technology and Ethics: Evolving Challenges and Opportunities. Abstracts are welcome until 31 July 2023. For more information see the call for papers and Volume 1 and Volume 2 (both open access).
Filed under Calls
Conference: Per una pesca sostenibile nel Mediterraneo
The Ministero dell’agricoltura, della sovranità alimentare e delle foreste and Institute for Research on Innovation and Services for Development, with the support of AssIDMer, will host a conference, entitled, Per una pesca sostenibile nel Mediterraneo. Percorsi evolutivi nel diritto e nella prassi internazionale, 20 June 2023, at Università di Napoli L’Orientale (Naples, Italy). For more information see the programme.
Filed under Events
De Maribus 