The Department of Law at University of Gothenburg is currently advertising for a Research Assistant (temporary 6 months, 80-100% position) who will work on a project, entitled, Smart Port Enforcement: The Prevention of Marine Pollution by Algorithm. Applications are welcome until 9 May 2024. For more information see here.
Monthly Archives: April 2024
EU/UK: Fisheries Dispute Settlement Proceedings initiated under Trade & Cooperation Agreement
Following public consultations in 2023 on sandeel fisheries management in English and Scottish waters, on 31 January 2024 the UK government announced its “decision to prohibit the fishing of sandeels within English waters of ICES Area 4 (North Sea)”, effective 26 March 2024. On 1 February 2024, the Sandeel (Prohibition of Fishing) (Scotland) Order 2024 was also made (effective 26 March 2024), providing that “[f]ishing for sandeel is prohibited within the Scottish zone”. The measures applies to all vessels of any nationality and took effect prior to the start of the sandeel fishing season on 1 April 2024. The stated aims of the prohibitions are to bring “about wider environmental and ecosystem benefits”, by reference to sustainable fisheries management, the protection of sensitive marine species and the precautionary approach to the protection of marine ecosystems.
On 16 April 2024, the EU submitted a written request for consultations with the UK under the dispute settlement mechanism of the EU-UK Trade and Cooperation Agreement (TCA) regarding the UK’s decision to prohibit the fishing of sandeel in UK waters. The EU states the “measure[s] significantly restricts access for EU vessels to this fishery. The EU questions the compatibility of the full and permanent closure of the fishery with the principles and obligations under the TCA”. Sandeels are a shared stock (TCA Annex 35, #57), for which an agreed allocation of the share of the total allowable catch for 2024 was agreed 11 December 2023 (3.11% UK/96.89% EU), followed by the tonnes of total allowable catches signed 12 March 2024. Note, since 2021 the UK has not allocated the UK quota for English waters nor Scottish waters to any UK vessels. This is the first formal initiation of dispute settlement proceedings under the TCA dispute settlement mechanism. If consultations are unsuccessful, arbitration before an arbitral tribunal may be initiated.
Filed under Jurisprudence, State Practice
ICJ: Written Statements in Obligations of States in Respect of Climate Change AO
On 12 April 2024, the information department of the ICJ provided an update (PR No. 2024/31) on the previously reported written statements round in respect of Obligations of States in respect of climate change (Request for an Advisory Opinion). It reported a record-breaking 91 written statements being filed with the ICJ Registry, namely 88 statements within the time-limit set and 3 authorised late filings (in order of receipt):
Portugal; the Democratic Republic of the Congo; Colombia; Palau; Tonga; the Organization of the Petroleum Exporting Countries; the International Union for Conservation of Nature; Singapore; Peru; Solomon Islands; Canada; the Cook Islands; Seychelles; Kenya; Denmark, Finland, Iceland, Norway and Sweden (jointly); the Melanesian Spearhead Group; the Philippines; Albania; Vanuatu; the Federated States of Micronesia; Saudi Arabia; Sierra Leone; Switzerland; Liechtenstein; Grenada; Saint Lucia; Saint Vincent and the Grenadines; Belize; the United Kingdom of Great Britain and Northern Ireland; the Kingdom of the Netherlands; the Bahamas; the United Arab Emirates; the Marshall Islands; the Parties to the Nauru Agreement Office; the Pacific Islands Forum; France; New Zealand; Slovenia; Kiribati; the Pacific Islands Forum Fisheries Agency; China; Timor-Leste; the Republic of Korea; India; Japan; Samoa; the Alliance of Small Island States; the Islamic Republic of Iran; Latvia; Mexico; South Africa; Ecuador; Cameroon; Spain; Barbados; the African Union; Sri Lanka; the Organisation of African, Caribbean and Pacific States; Madagascar; Uruguay; Egypt; Chile; Namibia; Tuvalu; Romania; the United States of America; Bangladesh; the European Union; Kuwait; Argentina; Mauritius; Nauru; the World Health Organization; Costa Rica; Indonesia; Pakistan; the Russian Federation; Antigua and Barbuda; the Commission of Small Island States on Climate Change and International Law; El Salvador; the Plurinational State of Bolivia; Australia; Brazil; Viet Nam; the Dominican Republic; Ghana; Thailand; Germany […] Nepal; Burkina Faso; and The Gambia.
PR No. 2024/31, p. 1
This completes the first round of written submissions. Pursuant to Article 66(4) of the ICJ Statute and the Order of 15 December 2023, a second round of written submissions will now occur until 24 June 2024 (unless extended). States and organizations having presented written statements may submit written comments on the other written statements. Pursuant to Article 106 of the Rules of Court, the Court may decide to make the written statements accessible to the public on or after the opening of the oral proceedings in the case.
Pursuant to Article 105(b) of the Rules of Court, the ICJ may decide whether oral proceedings shall take place at which statements and comments may be submitted. To-date, the orders of the ICJ have reserved the subsequent procedure for further decision. Nonetheless, press releases by States (Tonga) and the ICJ (PR No. 2023/20) anticipate oral proceedings. All States and organizations invited to submit written statements are then invited to make an oral statement at public sittings held on dates fixed by the Court, whether or not they have participated in the written phase.
Book Launch: Regulation of Offshore Renewable Energy Activities
The Centre for International Law (National University of Singapore) will host a book launch event for Dawoon Jung’s The 1982 Law of the Sea Convention and the Regulation of Offshore Renewable Energy Activities within National Jurisdiction (Brill, 2023), 23 April 2024, online. For more information see here.
Filed under Events
Competitions: 2024 China ILOSMCC
Wuhan University China Institute of Boundary and Ocean Studies (CIBOS) and the Chinese Society of the Law of the Sea (CSLOS) announced the new edition of the China International Law of the Sea Moot Court Competition (2024 CHINA ILOSMCC). The oral rounds of the competition have been scheduled to take place on 2-3 November 2024 at Wuhan University. Further information is available here.
Filed under Competitions
Call for Papers: Protection of Maritime Critical Infrastructure and Seabed
The NATO Maritime Security Centre of Excellence (MARSEC COE) will host its 4th Maritime Security Conference, themed, Protection of Maritime Critical Infrastructure and Seabed, 27–28 June 2024, at MARSEC COE (Istanbul, Türkiye). Abstracts are welcome until 12 April 2024. For more information see here.
De Maribus 