The Diplomatic Academy of Viet Nam (DAV) will host the 16th South China Sea International Conference, themed, Navigating Narratives, Nurturing Norms, 23-24 October 2024, in a hybrid format, Online/Ha Long (Viet Nam). Registration for online participation is available here.
Monthly Archives: October 2024
Call for Abstracts: Nurturing Ocean Resilience and Chartering Sustainable Futures
The Villa College Faculty of Sharia and Law will host a conference, entitled, Waves of Change: Nurturing Ocean Resilience and Chartering Sustainable Futures, 10 December 2024, in a hybrid format, Online/Villa College (Malé, Republic of Maldives). Abstracts are welcome until 31 October 2024.
Call for Abstracts: Multilateralism & the Making of International Law
Essex Law School will host a seminar funded by the Modern Law Review, Multilateralism and the making of international law: Marine biodiversity in areas beyond national jurisdiction, 4 December 2024, at University of Essex (UK). Abstracts are welcome until 13 October 2024.
USA: Denial of port privileges for lack of corrective action on IUU fishing & bycatch of PLMRs
Following negative certifications in the 2023 Report to Congress (see: 16 USC 1826a; 50 CFR §§ 300.200 – 300.209), effective 10 October 2024, certain fishing vessels from 17 States will be denied U.S. port privileges (port access & port services, subject to strict exceptions):
- Longline fishing vessels operating in International Commission for the Conservation of Atlantic Tunas (ICCAT) fisheries beyond national jurisdictions and flagged to Algeria, Barbados, Côte d’Ivoire, Cyprus, France, Greece, Italy, Malta, Namibia, Senegal, Spain, Trinidad and Tobago, Tunisia, and Türkiye (Bycatch of Protected Living Marine Resources).
- Mexican-flagged vessels operating in gillnet fisheries in the Gulf of Ulloa (Bycatch of Protected Living Marine Resources). See further, port restrictions on all Mexican fishing vessels that fish in the Gulf of Mexico effective 7 February 2022, which remain in effect following continued 2023 negative certification (Illegal, Unreported, and Unregulated Fishing).
- Russian-flagged fishing vessels authorised under the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) to target toothfish (Illegal, Unreported, and Unregulated Fishing).
- People’s Republic of China-flagged longline fishing vessels authorized under Western & Central Pacific Fisheries Commission (WCPFC), Inter-American Tropical Tuna Commission (IATTC) and ICCAT (Illegal, Unreported, and Unregulated Fishing).
This represents an expansion in the exercise of such port denials. Previously, the USA has rarely resorted to imposing measures because foreign States or Fishing Entities are generally given a positive certification in the Report to Congress following identification for IUU fishing, PLMRs bycatch or activities that target or incidentally catch sharks (Mexico previously being an exception).
Filed under State Practice
USA/Canada: Joint Task Force on Beaufort Sea Boundary
On 24 September 2024, Canada and the USA established a Joint Task Force to Negotiate Beaufort Sea Boundary, whose function is to “undertake negotiations on the maritime boundary in the Beaufort Sea including resolving the overlap in the continental shelf in the Central Arctic Ocean”. Bilateral negotiations shall include “meaningful engagement with state, territorial, and Indigenous partners”. The final agreement should seek to resolve the maritime boundary, as well as take into account “the responsible conservation and sustainable use of Arctic resources for the mutual benefit of Americans and Canadians, including Indigenous Peoples”.
Filed under State Practice
Mauritius/UK: Political Agreement on Chagos Archipelago
On 3 October 2024, a Joint Statement between the Governments of the Republic of Mauritius and the United Kingdom of Great Britain and Northern Ireland concerning the Chagos Archipelago, including Diego Garcia was issued confirming a political agreement on the exercise of sovereignty over the Chagos Archipelago was reached between the Parties. The “political agreement is subject to the finalisation of a treaty and supporting legal instruments, which both sides have committed to complete as quickly as possible”, but the treaty shall include:
- UK agreement that Mauritius is sovereign over the Chagos Archipelago, including Diego Garcia;
- Commitment to ensure the long-term, secure and effective operation of the UK/USA military base on Diego Garcia, including agreement “for an initial period of 99 years, the United Kingdom will be authorised to exercise with respect to Diego Garcia the sovereign rights and authorities of Mauritius required to ensure the continued operation of the base well into the next century”;
- Mauritius is free to implement a programme of resettlement on the islands of the Chagos Archipelago (other than Diego Garcia);
- UK will capitalise a new trust fund and provide other separate support for the benefit of Chagossians;
The Joint Statement signals further economic, security and environmental partnership between the UK and Mauritius, including on “environmental protection, maritime security, combating illegal fishing, irregular migration and drug and people trafficking within the Chagos Archipelago”. Concrete examples listed include:
- Indexed annual payments by the UK for the duration of the agreement;
- Establishment of an infrastructure partnership underpinned by UK grant funding;
- The establishment of a Mauritian Marine Protected Area.
For further information see the respective UK (2) and Mauritius press releases. The Joint Statement notes the support and assistance provided by the USA & India, who both welcomed the political agreement.
Filed under State Practice, Treaties
Jessup Moot Court 2025: Case Concerning the Naegea Sea
The Philip C. Jessup International Law Moot Court Competition has released the Jessup 2025 Problem, Case Concerning The Naegea Sea, which raises a number of international law issues, including “(3) the legal consequences of receding coastlines for the maritime zones of coastal states”. Corrections and Clarifications requests are welcome until 15 October 2024, while the registration of teams is open until 22 November 2024.
Filed under Calls, Competitions
Call for Abstracts: Decarbonization of Shipping and Alternative Fuel
The Centre for International Law (NUS) and the Center for Climate Change Law and Governance (UCPH) are seeking abstracts for a conference, entitled, Decarbonization of Shipping and Alternative Fuels, 12-13 February 2025 in Singapore. Abstracts are welcome until 1 November 2024.
De Maribus 