Author Archives: A. N. Honniball

Webinar: The Fisheries Act and Brexit

The All-Party Parliamentary Group on Fisheries shall host a webinar, entitled, A New Era: The Fisheries Act and Brexit, 25 February 2021, online.

For more information and registration, see here.

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Webinars: Biodiversity Law and Governance Series

The Centre for Environmental Law (Macquarie University) shall host its first Biodiversity Law and Governance Webinar Series, entitled, Law & Nature Dialogues, February-June 2021, online. The inaugural lecture will be held on 22 February 2021, entitled, The evolution and challenges in China’s implementation of the Convention on Biological Diversity.

For more information see the Law & Nature Dialogues programme. Registration for the inaugural lecture may be found here.

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Webinar: The role of regional instruments in strengthening global governance of marine plastic pollution

The Institute for Advanced Sustainability Studies (IASS) shall host a webinar, entitled, Launch of the report ‘Stronger together: The role of regional instruments in strengthening global governance of marine plastic pollution’, 17 February 2021, online.

For more information see here, and the aforementioned report here.

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Seminar: 25th Anniversary of ITLOS

The Brazilian Institute for the Law of the Sea (BILOS) shall host an event, entitled, Seminar on the Occasion of the 25th Anniversary of the International Tribunal for the Law of the Sea (ITLOS), 25 February 2021, online (IBDMAR BILOS YouTube). The event will be in Portuguese.

For more information see here.

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UN HR Committee: Decision & Views concerning Communication No. 3043/2017 (A.S., D.I., O.I. and G.D.)

On the 27 January 2021, the United Nations Human Rights Committee decided two parallel proceedings, brought against Italy and Malta respectively, concerning their response to a vessel in distress in the Mediterranean Sea and the obligations of Italy and Malta under the International Covenant on Civil and Political Rights. The delayed action and failed search and rescue operation of 11 October 2013 were found to have contributed to the deaths of over 200 people estimated to be on board the vessel.

In CCPR/C/130/DR/3042/2017 the Committee considered that the individuals on the vessel in distress were subject to Italy’s jurisdiction for the purposes of the Covenant because ‘a special relationship of dependency had been established between the individuals on the vessel in distress and Italy’ (paras 7.1-7.8). Italy failed to demonstrate it met its due diligence obligations under Article 6(1) of the Covenant (paras. 8.1-8.5) and its duty to conduct a prompt investigation of the allegations relating to a violation of the rights to life under Article 6(1), read in conjunction with Article 2(3) of the Covenant (paras. 8.6-8.7). Three dissenting opinions were attached, namely by Yuval Shany, Christof Heyns and Photini Pazartzis; Andreas Zimmermann; and David Moore. Four concurring opinions were attached, namely by Gentian Zyberi; José Santos-Pais; Vasilka Sancin; and Hélène Tigroudja.

In CCPR/C/128/D/3043/2017 the Committee considered that Malta exercised effective control over the rescue operation as the vessel in distress was located in the Maltese Search and Rescue area (referring to UNCLOS, SAR Convention, and SOLAS) and Malta had formally accepted to assume the coordination of the rescue efforts (paras. 6.5-6.7). However, the authors of the communication failed to exhaust available domestic remedies, meaning the communication was inadmissible (paras. 6.8-6.9). Three dissention opinions were attached, namely by Andreas Zimmermann; Gentian Zyberi, Arif Bulkan and Duncan Muhumuza; and Hélène Tigroudja.

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IFLOS Summer Academy 2021

The International Foundation for the Law of the Sea (IFLOS) shall host the fourteenth session of the IFLOS Summer Academy, 1-27 August 2021, at the International Tribunal for the Law of the Sea (Hamburg, Germany). Applications are welcome until 30 April 2021.

For more information, see here.

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ITLOS – Nippon Foundation Capacity Building and Training Programme 2021-2022

The ITLOS – Nippon Foundation Capacity-Building and Training Programme on Dispute Settlement under UNCLOS19 July 2021 – 31 March 2022, to be held at the seat of the International Tribunal for the Law of the Sea (Hamburg, Germany), is welcoming applications until 5 April 2021.

For more information see the flyer and website.

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Webinar: Asia Dialogue on Responses to Wildlife Trafficking

WWF and TRAFFIC, in collaboration with the United for Wildlife Transport Taskforce, shall host a webinar, entitled, Asia Dialogue on Responses to Wildlife Trafficking in Maritime Transport, 9 February 2021, online. For more information see here, registration here.

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Webinar: Perspectives on the recent ITLOS case between Mauritius and the Maldives

The Exeter Centre for International Law shall host a roundtable, entitled, Perspectives on the recent ITLOS case between Mauritius and the Maldives, 12 March 2021, online. For more information see here.

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Conference: World Ocean Summit

The Economist Group shall host its 8th World Ocean Summit, themed, Accelerating a sustainable ocean economy, 1-5 March 2021, online. For more information see here.

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Webinars: MARIPOLDATA Ocean Seminar Series

The MARIPOLDATA research project shall host a monthly series of webinars, entitled, MARIPOLDATA Ocean Seminar Series, January-June 2021, online. For more information see here.

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Webinar: Adapting Marine Shipping Governance and Maritime Sovereignty

Monmouth University Institute for Global Understanding (IGU) and Urban Coast Institute (UCI) shall host their latest Global Ocean Governance Lecture Series event, entitled, Global Perspectives on Adapting Marine Shipping Governance and Maritime Sovereignty to Respond to Climate Change, 19 February 2021, online.

For more information see here.

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Conference: IUU Fishing

The Jack D. Gordon Institute for Public Policy (FIU) shall host a conference, entitled, IUU Fishing, 3 February 2021, online. For more information and registration see here.

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Webinar: International Tribunal for the Law of the Sea – Upholding the Rule of Law at Sea

The School of Law (University of Essex) shall host its Essex Public International Law Lecture Series, including, International Tribunal for the Law of the Sea – Upholding the Rule of Law at Sea, 8 March 2021, online.

For more information and registration see here.

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Webinar: Climate change and the law of the sea: A test for international law

The Lauterpacht Centre for International Law (University of Cambridge) will host its Friday lecture series, including, Climate change and the law of the sea: A test for international law, 19 February 2021, online.

For more information and registration see here.

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Webinar: A Multi-Faceted Discipline and a Promising Field for Practitioners

The Center for Law, Energy & the Environment (UC Berkeley School of Law) shall host the 2021 Harry & Jane Scheiber Lecture in Ocean Law & Policy, entitled, The Law of the Sea: A Multi-Faceted Discipline and a Promising Field for Practitioners, 4 February 2021, online.

For more information and registration see here.

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Call for Posts: The future of maritime cybersecurity

The Center for International Maritime Security, in partnership with Cyber Nation Central, have issued a call for articles, entitled, Future of Maritime Cybersecurity. Submissions are welcome until 15 February 2021.

For more information see here.

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Conference: Ocean-Climate Ambition Summit

Belgium, Belize, Canada, Chile, Costa Rica, Fiji, France, Indonesia, Norway, Panama, Spain & Sweden shall host the Ocean-Climate Ambition Summit, 26 – 27 January 2021, online.

For more information and registration see here.

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UK/EU: Trade and Cooperation Agreement

The Trade And Cooperation Agreement Between The European Union and The European Atomic Energy Community, of the One Part, and The United Kingdom of Great Britain and Northern Ireland, of the Other Part was agreed among UK and EU negotiators on 24 December 2020 and has been provisionally applied as of 1 January 2021 (pending ratification by the EU). The Trade and Cooperation Agreement provides the framework of UK-EU relations in numerous areas of oceans policy, such as international maritime transport (2.1.2), sustainable development, such as trade and sustainable management of marine biological resources and aquaculture, or greenhouse gas emissions reduction measures at the IMO (2.1.11), fisheries (2.5) and offshore renewable energy in the North Sea (2.1.8).

For more information see the UK summary and European Commission summary. See further the UK’s implementing legislation, the European Union (Future Relationship) Act 2020.

Concerning Gibraltar, the Government of Gibraltar announced on 31 December 2020 that it had reached an in principle agreement with the UK and Spain for a proposed framework for a UK-EU Agreement on Gibraltar’s future relationship with the EU.

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Call for Papers: What Place for International Law in the Asian Future?

The Asian Society of International Law shall host its 8th Biennial Conference and PhD Students Workshop, entitled, What Place for International Law in the Asian Future?, 20-29 May 2021, online. The law of the sea is a key topic for discussion, but numerous other proposed topics are directly relevant to the law of the sea and its institutions. Abstracts are welcome until 15 February 2021.

For more information see here.

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Call for Input: Special Rapporteur’s HRC Report 2021 (Migrant Pushback Practices)

The Special Rapporteur on the Human Rights of Migrants, appointed by the United Nations Human Rights Council, has issued a call for input, entitled, Report on pushback practices and their impact on the human rights of migrants. This explicitly includes the pushback of migrants at sea. Submissions from Member States, civil society, academia, National Human Rights Institutions and other stakeholders is welcome until 1 February 2021. Input will be used to inform the Special Rapporteur’s forthcoming report to the 47th session of the Human Rights Council.

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Rhodes Academy 2021 & Submarine Cables Writing Award

The twenty-fifth session of the Rhodes Academy of Oceans Law and Policy has been rescheduled to 4-23 July 2021. The deadline to submit an application is 12 April 2021. For more information, fees and application documents please see here.

Furthermore, see the Rhodes Academy Submarine Cables Writing Award sponsored by The International Cable Protection Committee which is welcoming submissions until 1 April 2021.

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Vacancy: Internship at the Institute for Sustainable Development & International Relations

The Institute for Sustainable Development and International Relations (IDDRI) is currently advertising a 6-month paid internship (35 hrs/week, January-June 2021) to support IDDRI’s Ocean Team research on ocean governance and marine conservation. Depending on the health situation, the intern will work from home and/or at IDDRI’s offices (Paris, France). Applications are welcome until 22 January 2021.

For more information and to apply see here.

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Webinar: Treasures of the Deep – Life and Rocks

Whale Wise, in cooperation with the Changing Oceans Research Group (University of Edinburgh) and the Deep-Ocean Stewardship Initiative shall host a webinar on deep-sea mining, entitled, Treasures of the Deep: Life and Rocks, 12 January 2021 from 17:00 (GMT), online.

For more information see here and here.

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ILO: Amendments of 2018 to The Maritime Labour Convention Enter Into Force

The Amendments of 2018 to the Code of the Maritime Labour Convention, adopted 5 June 2018, entered into force 26 December 2020 (see further the status of acceptance by parties). The amendments provide that parties shall require that a seafarer’s employment agreement (SEA) shall continue to have effect while a seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships (ARAS), including the continued benefit of wages and other entitlements under the SEA. Piracy is defined in the MLC Amendments of 2018 by reference to the UNCLOS definition of piracy (see Articles 101-103 of UNCLOS). The definition of ARAS in the MLC Amendments of 2018 follows the previous precedents found in IMO documents (IMO Assembly Resolution A.1025(26), Annex, Paragraph 2.2) and regional treaties (Article 1(2) of Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia).

For an example of domestic implementation of the MLC Amendments of 2018 see Singapore’s Merchant Shipping (Maritime Labour Convention) (Amendment) Act 2020.

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Greece: Closing Bays and Straight Baselines in the Ionian Sea

On 27 December 2020, in accordance with Articles 5, 7, 8, 10, 13 and 14 of UNCLOS, Presidential Decree No. 107 applies closing lines to the listed bays (Article 2 and Table) and further straight baselines (Article 3 and Table) in the maritime area of the Ionian and the Ionian islands up to Cape Tainaro in the Peloponnese. According to the Greek Ministry of Foreign Affairs, an extension of the territorial sea will be forthcoming as the baselines are “a necessary step in the process for extending the country’s territorial waters in the above-mentioned area”.

While limited in application to the Ionian Sea, Article 1(3) of Presidential Decree No. 107 provides that “The Hellenic Republic reserves the right to exercise its respective rights in the other regions of its Territory, as they derive from the United Nations Convention on the Law of the Sea of ​​10 December 1982, which reflects customary international law”.

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Call for Papers: Beyond the Global Pandemic – The Critical Role of Submarine Cables

The International Cable Protection Committee (ICPC) welcomes submissions for its 2021 Virtual Plenary, themed, Beyond the Global Pandemic – The Critical Role of Submarine Cables, to be held online 19-20 May 2021. Abstracts may be submitted online until 12 February 2021.

For more information see the call for papers.

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E-Course: Climate Change and Law of the Sea

The Singapore Cooperation Programme, under the auspices of the Japan-Singapore Partnership Programme for the 21st Century (JSPP21), shall host an online course, entitled, Climate Change and Law of the Sea, 11-15 January 2021. Nominations (mid- to senior-level government officials who work on issues related to the Law of the Sea) from eligible countries are welcome until 21 December 2020.

For more information see here.

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Conference: Regional Cooperation and Marine Environment Protection under UNCLOS

South Korea’s Ministry of Foreign Affairs will host its Fifth International Conference on the Law of the Sea, entitled, Regional Cooperation and Marine Environment Protection under UNCLOS, 3-4 December 2020, online.

For more information and registration see here.

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Conference: SEA of Solutions 2020

The United Nations Environment Programme (UNEP) and the Coordinating Body on the Seas of East Asia (COBSEA) shall convene the SEA of Solutions 2020 Conference, themed, Wasting less plastic and keeping it out of the ocean – Has the needle moved?, 24-26 November 2020, online.

For more information and registration see here.

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Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen (Ukraine v. Russia)

As previously suggested, on 22 August 2020 Russia did exercise its right to submit preliminary objections in the Dispute Concerning the Detention of Ukrainian Naval Vessels and Servicemen (Ukraine v. the Russian Federation), PCA Case No. 2019-28, contending that the Arbitral Tribunal does not have jurisdiction. Ukraine and Russia disagreed upon whether these preliminary objections are of “an exclusively preliminary character” that may result in bifurcation of the proceedings (Rules of Procedure, Art 11(3)). On 27 October 2020 the Arbitral Tribunal (UNCLOS, Annex VII) issued its Procedural Order No. 2, whereby:

THE ARBITRAL TRIBUNAL HEREBY ORDERS:

1. The Arbitral Tribunal considers that the Preliminary Objections of the Russian Federation appear at this stage to be of a character that justifies having them examined in a preliminary phase, and in accordance with Article 11, paragraph 3, of the Rules of Procedure, decides that the Preliminary Objections of the Russian Federation shall be addressed in a preliminary phase of these proceedings.

2. The proceedings on the merits are hereby suspended.

3. In accordance with paragraph 5(t) of Procedural Order No. l, Ukraine shall file any observations on the Preliminary Objections of the Russian Federation within three months of the date of this Order. Following receipt of these observations, the Arbitral Tribunal will decide whether any further written submissions are needed and, after consultation with the Parties, the time limits for such submissions.

4. If the Arbitral Tribunal, in delivering its award in the preliminary phase of the proceedings in accordance with Article 11 , paragraph 7, of the Rules of Procedure, declares that a Preliminary Objection does not possess an exclusively preliminary character, then, in accordance with
Article 11, paragraph 3, of the Rules of Procedure, that Objection shall be ruled upon in conjunction with the merits.

Judge Gudmundur Eiriksson appended a Dissenting Opinion to the Order of the Arbitral Tribunal. Eiriksson agreed with the decision of the Tribunal but did not share the reasoning of the Tribunal.

See further the PCA Press Release.

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UK/Greenland: MoU on Enhancing Fisheries Cooperation

on 9 November 2020 the Memorandum of Understanding between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Greenland on enhancing cooperation on fisheries and related issues was signed in duplicate in London and Nuuk by representatives of the UK and Greenland. The governments of the UK and Greenland will establish a UK-Greenland fisheries dialogue (‘the Fisheries Dialogue’) to “discuss, share information, and cooperate on fisheries and marine issues, and other associated matters”.

The non-exhaustive list of matters for the Fisheries Dialogue includes fisheries, aquaculture, fish processing and the wider supply chain, broader marine conservation, scientific cooperation and mutual support in international fora (e.g. RFMOs) (Paragraph 1). Non-state actors may be involved, most notably in fostering private sector or scientific cooperation (Paragraphs 2, 5). The Fisheries Dialogue shall meet at least annually (Paragraphs 3-4). The MoU will come into effect on 1 January 2021 (Paragraph 7).

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UK/Faroe Islands: Fisheries Framework Agreement

On 29 October 2020 the Framework Agreement on Fisheries Between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Faroes was signed in Copenhagen by representatives of the UK and Faroes Islands. The Framework Fisheries Agreement recognizes zonal attachment as an important principle of international fisheries management (preamble). Modern principles of international fisheries law shall guide cooperation (Article 1), with annual negotiations on the possible exchanges of quotas or access to waters (Articles 2-3). Parties shall cooperate on fishing vessel licensing (Article 4) and further future arrangements on monitoring, control and enforcement are envisaged (Article 5).

The Framework Fisheries Agreement applies to the EEZ (or variations thereof) and, subject to domestic ratification, will enter into force 1 January 2021 (Article 11). The Agreement applies only to metropolitan UK and only to the Faroes Islands (Article 10).

For more information see the Explanatory Memorandum and UK Press Release.

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Webinar: Second Virtual International Conference on the South China Sea

The National Youth Movement for the West Philippine Sea shall host the Second Virtual International Conference on the South China Sea, entitled, South China [West Philippine] Sea: Its Impact on the Southeast Asia and the World, 14 November 2020, from 15:00 (GMT+8) online.

For more information see here.

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Webinar: Islamic Law of The Sea – Reply to Hugo Grotius

The Embassy of the Republic of Indonesia in Berlin shall host a webinar, entitled, Islamic Law of The Sea : Reply to Hugo Grotius, 5 November 2020 from 09:00 (CET).

For more information see here.

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UK/Norway: Framework Fisheries Agreement

On 30 September 2020 the Framework Agreement on Fisheries between the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Norway was signed in London by representatives of the UK and Norway. On 19 October 2020 the Framework Fisheries Agreement was laid before the UK Parliament and published. The Framework Fisheries Agreement provides for annual negotiations on the exchanges of quota and access to waters (Arts. 3-4), as well as collaboration on control and enforcement measures (Art. 6), the licensing of vessels (Art. 5) and scientific research (Art. 1(h)). The Framework Fisheries Agreement recognizes the importance of zonal attachment as a principle of international fisheries management (preamble).

The Framework Fisheries Agreement applies to the EEZ (Art. 2) (or variations thereof) and, subject to domestic ratification, will enter into force 1 January 2021 (Art. 11). The Agreement applies to metropolitan UK only. According to the UK Government, it represents the first fisheries agreement for the UK ‘as an independent coastal state in 40 years’. Separate trilateral discussions will still be needed to establish trilateral governance arrangements for North Sea stocks (UK, Norway and the EU).

For more information see the Framework Fisheries Agreement, UK Explanatory memorandum and press releases (UK; Norway).

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Online Conference: 2020 SAFETY4SEA Virtual Forum

SAFETY4SEA shall host an online event, entitled, 2020 SAFETY4SEA Virtual Forum, 20-21 October 2020. Registration is free but closes 19 October 2020, 12:00 (GMT).

For more information see here.

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Online Conference: International Law in Challenging Times

The American Branch of The International Law Association shall host the International Law Weekend 2020, themed, International Law in Challenging Times,  22-24 October 2020, online. Law of the sea sessions include Climate Change and the Law of the Sea; Submarine Cables and Pipelines under International Law: The Ongoing Work of the ABILA Committee on Law of the Sea and Arbitration of Human Rights at Sea: Giving International Law Teeth by Empowering Victims to Enforce it.

For more information see here.

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Webinar: The Role of ISA and State Practices in Regulating Seabed Mining

The Archipelagic and Island States Forum shall host a webinar, entitled, The Role of ISA and State Practices in Regulating Seabed Mining, 15 October 2020 from 14:30 (SGT).

For more information see here

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Guest Lecture: Rising Sea Level for the Law of the Sea Perspective

The CIL eAcademy 2020 shall host an open guess lecture, entitled, Rising Sea Level for the Law of the Sea Perspective, 14 October 2020 from 16:00 (SGT) online.

For more information see here.

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UK: West of Scotland Marine Protected Area

On 9 October 2020 the West of Scotland Marine Protected Area Order 2020, a Scottish Ministerial Order, entered into force, creating the largest MPA located in national waters within the North-East Atlantic. Features of the former Rosemary Bank Seamount MPA are now protected within the West of Scotland MPA.

Marine Protected Areas: September 2020. Source.

For more information see here.

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Online Conference: Third Asia-Pacific Day for the Ocean

The United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP) will host a virtual meeting, entitled, Third Asia-Pacific Day for the Ocean, 29 October 2020 from 12:00 (ICT).

For more information and registration see here.

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Webinars: SCELG Seminar Series 2020-21

The Strathclyde Centre for Environmental Law & Governance (SCELG) shall host its Seminar Series 2020-21, including, among others, Environmental Rights in Marine Spaces (13 November 2020) and Environmental Impact Assessment in the BBNJ negotiations (15 January 2021).

For more information on all the seminars see here.

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Webinar: Fishing on the High Seas and Marine Protected Areas

The World Commission on Environmental Law shall host a webinar, entitled, Fishing on the High Seas and Marine Protected Areas, on 13 October 2020 from 10:00 (EST).

For more information see here, register here.

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Webinar: India and the 1982 UNCLOS

The Indian Council of World Affairs (ICWA) shall host a webinar, entitled, India and the 1982 UNCLOS, on 8 October 2020 from 15:30 (IST).

For more information see here.

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MOOC: Marine Litter

UN Environment Programme and Open Universiteit shall host a Massive Open Online Course, entitled, Marine Litter, beginning 26 October 2020. The Leadership Track includes 10 available languages, while the additional Expert Track includes 3 available languages.

For more information and registration see here and here.

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Webinars: The Ghandhi Research Seminar Series

Global Law at Reading (University of Reading) shall host its Ghandhi Research Seminar Series, October 2020 – April 2021. Sessions that may be of interest to law of the sea scholars include, Worldmaking on the Sea (21 October 2020) and Colonial Futures: Resource Extraction and International Jurisdiction in the Seabed and Space (21 April 2021).

For more information and registration see here.

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Webinar: DPRK Ghost Ships & PRC Dark Fleets

The Yokosuka Council on Asia-Pacific Studies (YCAPS) shall host its first Indo-Pacific Maritime Hour, entitled, DPRK Ghost Ships & PRC Dark Fleets, 13 October 2020, from 09:00 (JST).

For more information and (optional) registration see here.

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ITLOS: Amendment to the Rules of the Tribunal

Pursuant to the Statute of the International Tribunal for the Law of the Sea, Article 16, the International Tribunal for the Law of the Sea (ITLOS) has amended the Rules of the Tribunal (2018 Edition), on the 25 September 2020, namely the addition of Articles 41(7), 74(2), 112(5), 124(3) and 135(1bis) (entered into force, 25 September 2020). In doing so, the Tribunal vests itself with the competence to decide, as an exceptional measure, for public health, security or other compelling reasons, to hold hearings and meetings entirely or in part by video link.

For more information and the text of the new paragraphs see ITLOS Press Release 306.

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Webinar: European Proposals to Regulate Shipping Industry Emissions

UCL Laws shall host a webinar entitled, Smoke on the Water: European Proposals to Regulate Shipping Industry Emissions, 1 October 2020 from 15:30 (BST).

For more information and registration see here.

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