Author Archives: A. N. Honniball

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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Webinar: World Maritime Day 2020

This year’s World Maritime Day, themed, Sustainable shipping for a sustainable planet, shall include a webinar 24 September 2020, from 10:30 (BST).

For more information and to watch online see here.

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Online Conference: 13th Polar Law Symposium Special Online Session

The Kobe University Polar Cooperation Research Centre shall logistically support the first virtual polar law symposium, the 13th Polar Law Symposium Special Online Session, to be held 9-30 November 2020 online. The symposium will consist of (1) on-demand browsing of PPT files and video presentations with textual feedback from the participants, and (2) a few live, interactive ZOOM seminars and lectures. Registration is now open.

For more information and registration see here. See the provisional program here.

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USA: Revision of Marine Scientific Research Policy

On 9 September 2020 the President of the United States of America by Proclamation 10071, entitled, Revision to United States Marine Scientific Research Policy, establishes the revised US policy:

Section 1. Policy. The United States will exercise its right to regulate, authorize, and conduct marine scientific research, with a specific requirement to authorize, in advance, all instances of foreign marine scientific research, in the United States EEZ and on its continental shelf to the extent permitted under international law.

Former President of the United States of America, Ronald Regan, in the Presidential Statement of 10 March 1983, entitled, Statement on United States Oceans Policy, had established the previous US MSR policy:

While international law provides for a right of jurisdiction over marine scientific research within such a zone, the proclamation does not assert this right. I have elected not to do so because of the United States interest in encouraging marine scientific research and avoiding any unneccessary burdens.

Thus, according to the US State Department Press Release, the United States previously required advance consent for MSR conducted in its EEZ and on the U.S. continental shelf only when such research implicated certain U.S. domestic legal requirements.

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Webinars: Sustainable Shipping for A Sustainable Planet

The Embassy of the Republic of Indonesia in London and the One Ocean Hub shall host a webinar series for the IMO’s Maritime Week, entitled, Sustainable Shipping for A Sustainable Planet. Seminars include:

Mainstreaming Sustainability Principles in Shipping: Insights from Multi-Stakeholders, 21 September 2020 from 10:30 (BST).

Ocean and Climate Change, 22 September 2020 from 10:30 (BST).

Marine Pollution, 23 September 2020 from 10:30 (BST).

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Online Conference: Local Ripples, Global Waves

The Master of Marine Management students of the Marine Affairs Program at Dalhousie University, with support from the Sobey Fund for Oceans, shall host their ninth annual Sustainable Oceans Conference, entitled, Local Ripples, Global Waves: Bringing together local action to influence global change, 26-27 September 2020, online.

For more information see here.

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Webinar: Wildlife Trafficking in International Maritime Supply Chains

The IMO shall host a webinar, entitled, Accelerating action against wildlife trafficking in international maritime supply chains, 21 September 2020 from 12:00 (GMT +1).

For more information and registration see here.

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Webinar: Future of Shipping – Decarbonisation

The International Maritime Organization (IMO) and the Maritime and Port Authority of Singapore (MPA) shall host a webinar, entitled, Future of Shipping – Decarbonisation, 17 September 2020 from 17.00 (SGT).

For more information see here.

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Webinar: Untangling the Impact of Illegal Fishing in North Korean Waters

The Stimson Center shall host a webinar, entitled, Untangling the Impact of Illegal Fishing in North Korean Waters, 22 September 2020 from 09:00 (EST).

For more information and registration see here.

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Webinars: Ocean Decade Series

The Intergovernmental Oceanographic Commission of UNESCO shall host a series of webinars, entitled, The Ocean Decade Virtual Series, from 24 September 2020 until 31 January 2021. Each session will be conveyed jointly with different partners.

For more information see here. Registration for the first session, Co-designing the Science we need for the Ocean Decade, 24 September 2020, can be found here.

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Launch of BBNJ Virtual Intersessional Work

Following postponement of the fourth session of IGC on a BBNJ Agreement, the President of the IGC has decided to launch the BBNJ Intersessional Work, entitled, Virtual intersessional work of the Intergovernmental Conference on an international legally binding instrument 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, from 14 September 2020. The objective is to continue the dialogue on the key pillars of any future BBNJ Agreement, as well as any cross cutting issues.

For more information see here.

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Webinar: Africa’s Maritime Domain Awareness and Security

The Secure Waters Africa Digital Conference, entitled, Effective Solutions to Strengthen Africa’s Maritime Domain Awareness and Security, will occur 9-10 September 2020.

For more information and registration see here.

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Webinar: Blue Crimes – rethinking the maritime security agenda

SafeSeas will host a webinar, entitled, Blue Crimes: Rethinking the maritime security agenda, on 10 September 2020 from 14.00 (BST).

For more information and registration see here.

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Consultation: ISA draft standards and guidelines for exploitation of mineral resources in the Area

The International Seabed Authority (ISA) welcomes comments from stakeholders on the first set of draft standards and guidelines to support the implementation of the draft regulations for exploitation of mineral resources in the international seabed area until 20 October 2020. This includes:

Draft guideline on the preparation and assessment of an application for the approval of a Plan of Work for exploitation

Draft standard and guidelines on the development and application of environmental management systems

Draft standard and guidelines on the form and calculation of an environmental performance guarantee

For more information see here and here.

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Consultation: EU mission for healthy oceans, seas, coastal and inland waters

The European Commission is currently developing its research and innovation missions that will form part of the Horizon Europe framework programme beginning in 2021. Under the mission area, healthy oceans, seas, coastal and inland waters, citizens may submit proposals until 14 September 2020.

For more information see here, here and here.

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Vacancy: Associate Professor of Maritime Security and Governance at U.S. Naval War College

The U.S. Naval War College (Newport, USA) is currently inviting applicants for the position of Associate Professor of Maritime Security and Governance. Applications are welcome until 5 October 2020, but note this position is only open to U.S. citizens.

For more information see here and here.

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Online Workshop: Marine Scientific Research in the Area

The International Seabed Authority (ISA), in collaboration with the China Ocean Mineral Resources Research and Development Association (COMRA), and the Hong Kong University of Science and Technology, will host an online workshop, entitled, Marine Scientific Research in the Area: Establishing collaborative platform to enhance biodiversity knowledge for environmental management in mid-ocean ridge ecosystem, 15-17 December 2020. Participants must register by 15 September 2020.

For more information see here.

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USA: Visa Restrictions and Entity Listings Relating to Chinese Activities in South China Sea

On 26 August 2020, the US State Department announced visa restrictions on “individuals responsible for, or complicit in, either the large-scale reclamation, construction, or militarization of disputed outposts in the South China Sea, or the PRC’s use of coercion against Southeast Asian claimants to inhibit their access to offshore resource”. This includes inadmissibility to the USA for listed persons and visa restrictions for immediate family members. The persons listed remain confidential, but are inadmissible on the basis of US foreign policy concerns (senior State Department official; 8 USC 1182(a)(3)(c)).

On 26 August 2020, the US Department of Commerce announced that 24 Chinese companies were added to the Entity List (15 CFR 744.16) of the Export Administration Regulations on the basis “these entities enabled China to reclaim and militarize disputed outposts in the South China Sea” (85(167) Federal Register 52898). The US government determined it had “reasonable cause to believe, based on specific and articulable facts, that the entity has been involved, is involved, or poses a significant risk of being or becoming involved in activities that are contrary to the national security or foreign policy interests of the United States” (15 CFR 744.11). A license is required, to the extent specified on the Entity List, to export, reexport, or transfer (in-country) any item subject to the Export Administration Regulations.

On the 27 August 2020, the Chinese Foreign Ministry Spokesperson called the measures “unjustified”.

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Webinar: IUU Fishing as a Major Security Threat in Southeast Asia

Pacific Forum, in partnership with the Yokosuka Council on Asia-Pacific Studies (YCAPS), will host its next session of the Maritime Discussion Series, entitled, IUU Fishing as a Major Security Threat in Southeast Asia, 3 September 2020 from 09:00 (SGT).

For more information and registration see here.

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Webinar: Safeguarding the Freedom of Navigation in the Indo-Pacific

The German Institute for Global and Area Studies (GIGA) shall host a webinar, entitled, Safeguarding the Freedom of Navigation in the Indo-Pacific: What Role for European Navies?, 17 September 2020 from 16:00.

For more information and registration see here.

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Webinar: Law and governance approaches within the ocean-climate nexus

The UNFCCC Secretariat (UN Climate Change), in co-operation with the Inter-Parliamentary Union (IPU) and the Center for International Sustainable Development Law (CISDL),  is hosting a Climate Legislation Webinar Series. The second webinar, entitled, Law and governance approaches within the ocean-climate nexus, will be held 17 September 2020 from 13:00 (GMT).

For more information and registration see here and here.

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Webinar: The contribution of the shipping sector to emission reductions

The International Foundation for the Law of the Sea (IFLOS) shall host its 13th Maritime Talks, entitled, Cleaner Air and better climate? – The contribution of the shipping sector to emission reductions, 26 September  2020, from 10.00 (CEST).

For more information and registration, see here and here.

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ITLOS: Election of Seven Members of the Tribunal

The 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 three rounds of voting held 24-26 August 2020 (UNCLOS, Annex VI, Article 4; Round 1; Round 2; Round 3).

The States Parties re-elected David Joseph Attard and Markiyan Z. Kulyk and elected Kathy-Ann Brown (Jamaica), Ida Caracciolo (Italy), Jielong Duan (China), María Teresa Infante Caffi (Chile), and Maurice Kamga (Cameroon) (see curricula vitae of candidates nominated by States Parties). The nine year term of each Member will commence 1 October 2020 (Rules of the Tribunal, Article 2).

The term of office for five Members of the Tribunal shall expire 30 September 2020, namely, Tafsir Malick Ndiaye (Senegal), Jean-Pierre Cot (France), Anthony Lucky (Trinidad and Tobago), Zhiguo Gao (China) and Elsa Kelly (Argentina).

For more information see the ITLOS Press Release and the Registrar’s Overview of the Election Procedure.

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Webinar: The Maritime Silk Road – International and EU Law Reflections

The Jean Monnet Chair on International and European Law of the Sea (IELoS) shall host a roundtable (as part of its EULoS Summer School), entitled, The Maritime Silk Road: International and EU Law Reflections, 28 August 2020, from 09:15 (CET).

For more information and registration see here.

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Digital Lecture Series: Theorizing Law of the Sea in Context

The Norwegian Centre for the Law of the Sea (NCLOS) shall host a digital lecture series, entitled, Theorizing Law of the Sea in Context, the next seminar being 27 August 2020 from 15:00 (GMT +2).

For more information see here and here.

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Webinars: Blue Justice Forum 2020

The Blue Justice Initiative, in cooperation with UNDP’s Blue Resilience project, shall host a series of webinars, entitled, Blue Justice Forum 2020, 27 August – 5 November 2020.

For more information and registration see here.

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Conference: The Secrets of the Ocean

Ocean Sustainability Bergen, University of Bergen, shall host a conference, entitled, The Secrets of the Ocean – how can we utilize the biodiversity of the ocean for future food, medicine, genetic resources and more in a post-Covid era?, 11 November 2020 at the University of Bergen.

For more information see here.

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Webinar: Calming Troubled Waters in the South China Sea

The Foreign Policy Community of Indonesia shall host a virtual discussion, entitled, Calming Troubled Waters in the South China Sea, on the 19 August 2020 from 14:00 (WIB).

For more information and registration, see here.

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Webinar: The Shadow Blue Economy – Tackling Organised Crime in Fisheries

The High Level Panel for a Sustainable Ocean Economy shall host a webinar, entitled, The Shadow Blue Economy: Tackling Organised Crime in Fisheries, 18 August 2020 from 08:30 (EDT). The event will launch their publication, ‘Organised Crime in the Fisheries Sector’.

For more information see here.

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