SOAS University of London (School of Oriental and African Studies) is seeking for a postdoctoral researcher. The successful applicant shall conduct critical research on the development of the concept of freedom of the seas in early international law (XV-XVII centuries) and its linkages with individual freedom and slavery. This research will contribute to the successful implementation of the project “Freedom of the Seas and Human Rights Protection”, funded by the British Academy. Closing date for applications is 26 October 2023. Further information here.
Monthly Archives: September 2023
PCA: Sea Search-Armada (USA) v. Colombia
On 18 December 2022 agents for Sea Search-Armada LLC submitted a Claimant’s Notice of Arbitration initiating arbitration against the Republic of Colombia pursuant to the United States-Colombia Trade Promotion Agreement and Arbitration Rules of the 2021 United Nations Commission on International Trade Law arguing expropriation of its ‘investment’ concerning the Galeón San José, a shipwreck discovered on the continental shelf of Colombia. On 22 July 2023 Colombia submitted its Respondent’s Submission pursuant to Article 10.20.5 of the Trade Promotion Agreement, rejecting Sea Search-Armada has any ownership rights, or any rights whatsoever, over the Galeón San José, as well as rejecting the jurisdiction of the Arbitral Tribunal over the claims submitted. The arbitration is the latest in numerous proceedings initiated before the domestic courts of Colombia, the USA and the Inter American Commission on Human Rights concerning the San José shipwreck. On 22 August 2023 The Arbitral Tribunal in respect of Sea Search-Armada, LLC (USA) v. The Republic of Colombia issued Procedural Order No. 1 concerning rules of procedure.
Filed under Jurisprudence, Non-State Actors
BBNJ Agreement Opens for Signature
As previously reported, 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 (BBNJ Agreement) opened for signature on the 20 September 2023 and shall remain open for signature at United Nations Headquarters (New York, USA) until 20 September 2025 (BBNJ Agreement, Article 65).
67 States and 1 Regional Economic Integration Organization have signed the BBNJ Agreement on the first day, 20 September 2023, including:
States: Antigua and Barbuda; Australia; Austria; Bangladesh; Belgium; Bolivia (Plurinational State of); Bulgaria; Cabo Verde; Chile; China; Colombia; Congo; Costa Rica; Croatia; Cuba; Cyprus; Denmark; Dominican Republic; Estonia; Fiji; Finland; France; Gabon; Germany; Ghana; Honduras; Iceland; Indonesia; Ireland; Lao People’s Democratic Republic; Latvia; Lithuania; Luxembourg; Malawi; Malta; Marshall Islands; Mauritius; Mexico; Micronesia (Federated States of); Monaco; Nepal; Netherlands (Kingdom of the); New Zealand; Norway; Palau; Panama; Philippines; Portugal; Romania; Samoa; Seychelles; Sierra Leone; Singapore; Slovakia; Slovenia; Solomon Islands; Spain; St. Lucia; St. Vincent and the Grenadines; State of Palestine; Sweden; Timor-Leste; Tuvalu; United Kingdom of Great Britain and Northern Ireland; United Republic of Tanzania; United States of America; and Viet Nam.
Regional Economic Integration Organizations: European Union.
The United Kingdom of Great Britain and Northern Ireland attached declarations to its signature (will be available here). For more information see here and here.
Filed under State Practice, Treaties
Treaties: Beijing Convention on the Judicial Sale of Ships open for signature
Adopted by the General Assembly on 7 December 2022 (see UN General Assembly resolution 77/100) , the United Nations Convention on the International Effects of Judicial Sales of Ships, also known as the “Beijing Convention on the Judicial Sale of Ships”, was signed by 15 countries in the opening of the signature process on 5 September 2023 (see Status here and UN press release here).
The treaty establishes a harmonized regime for giving international effect to judicial sales, while preserving domestic law governing the procedure of judicial sales and the circumstances in which judicial sales confer clean title. By ensuring legal certainty as to the title that the purchaser acquires in the ship as it navigates internationally, the Convention is designed to maximize the price that the ship is able to attract in the market and the proceeds available for distribution among creditors, and to promote international trade. An Explanatory Note prepared by the UNCITRAL Secretariat may be found here.
Filed under Treaties
INC on Plastic Pollution: Zero Draft Text Published
On 4 September 2023, following the mandate provided by the second session of the Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment (INC-2) (29 May – 2 June 2023), the INC Chair published a Zero draft text of the international legally binding instrument on plastic pollution, including in the marine environment (UNEP/PP/INC.3/4). The zero draft has been published ahead of the third session (INC-3) (13-19 November 2023). For more information see the UNEP website.
Filed under International Organizations, State Practice
Vacancy: Postdoc Research Fellow at University of Tromsø
The Norwegian Centre for the Law of the Sea (NCLOS), Arctic University of Norway (Tromsø, Norway), is currently seeking applicants for the position of Postdoctoral Research Fellow (fixed term, 2 years) with the Aurora research program. Applications are welcome until 18 October 2023.
Filed under Vacancies
Call for Papers: Common Interests and Common Spaces – Dispute Settlement
The Grotius Centre for International Legal Studies (Universiteit Leiden) welcomes abstracts for a workshop, entitled, Common Interests and Common Spaces: Institutional Approaches to Dispute Settlement, to be held 13 December 2023 in the Hague (Netherlands). Abstracts are welcome until 28 September 2023. For more information see here.
Call for Papers: International Law & Maldives
The Faculty of Shariah and Law (Villa College, Maldives) will host a symposium, entitled, International Law and Maldives: Navigating Geopolitics, Trade and Sovereignty, 20-21 December 2023 in Malé, Maldives. Abstracts are welcome until 30 September 2023 and a number of law of the sea topics are non-exhaustively detailed in the call for papers.
MSG: Udaune Declaration and Efate Declaration
The 22nd Melanesian Spearhead Group (MSG) Leaders Summit was held 23-24 August 2023 in Port Vila, Vanuatu. The Efate Declaration, among others, desires “to focus the security conversation on Climate Change and the security of the environment, identified as our existential threat under the Boa Declaration and the MSG Security Strategy”. The Udaune Declaration also seeks to refocus the security narrative in the region on Climate Change and the position of SIDS, raising a number of maritime governance issues, including agreement to:
“PURSUE the International Court of Justice (ICJ) Advisory Opinion on Responsibility of States vis-â-vis Climate Change to its conclusion;
Udaune Declaration, 24 August 2023
UNDERTAKE to make national submissions to the ICJ on the nefarious impact and effect of climate change;
URGE Japan not to discharge the treated water into the Pacific Ocean until and unless the treated water is incontrovertibly proven scientifically to be safe to do so and seriously consider other options like use in concrete;
REGRETS DEEPLY the decision by Japan to dump ALPS in the Pacific Ocean, which has inter-generational and transboundary impact on our ocean, economy, livelihood, and future and on lie basis of improved science and technology urged Japan to consider other options for disposal of ALPS;
UNDERTAKE not to allow Underwater Seabed Mining to be carried out in their jurisdictions;
CALL for more rigorous and transparent environmental scientific research on seabed mining and call for a Pacific region wide moratorium”
For more information see the MSG Secretariat.
Filed under State Practice
De Maribus 