Author Archives: A. N. Honniball

CSO Alliance Launched to Support Vanuatu Initiative to Seek an ICJ Advisory Opinion on Climate Change

On 5 May 2022, the Civil Society Organisations Alliance to Support the Government of the Republic of Vanuatu’s Bid to Request a UN General Assembly Resolution Requesting an Advisory Opinion on Climate Change from the International Court of Justice (CSO Alliance) was launched. In September 2021 the Prime Minister of the Republic of Vanuatu formally announced Vanuatu’s intention to pursue a campaign to request an ICJ Advisory Opinion on the rights of current and future generations in the context of climate change. This followed the previous positive response of the leaders at the Pacific Islands Forum (50th Pacific Island Forum (August 2019) Forum Communique, para. 16), and has had the subsequent indicated support of the Heads of Government at the Thirty-Third Inter-Sessional Meeting of the Conference of Heads of Government of the Caribbean Community (CARICOM) (Communique (March 2022)). Consistent with Article 65 of the Statute of the ICJ and Article 96(1) of the UN Charter, the Vanuatu campaign has signalled its intent to table a resolution proposal before the United Nations General Assembly in September 2022 which, if adopted, would request the ICJ Advisory Opinion. The “exact statement of the question upon which an opinion is required” (Article 65, ICJ Statute) does not appear to have been publicly disclosed to-date, but the most recent comments of the Prime Minister of the Republic of Vanuatu (May 2022) refers to a request “to clarify the legal obligations of states to protect human rights and the environment from climate change”.

More information is available on the websites of the Vanuatu ICJ Initiative and the Pacific Islands Students Fighting Climate Change. On former related initiatives, see the 2011 (unsuccessful) attempt by Palau and the Republic of the Marshall Islands to have the UN General Assembly “request an advisory opinion from the International Court of Justice on the responsibilities of States under international law to ensure that activities carried out under their jurisdiction or control that emit greenhouse gases do not damage other States”, including an explicit reference to Article 194 of UNCLOS.

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Book launch: Unconventional Lawmaking in the Law of the Sea

The International Law Association (Australian Branch) will host a webinar, entitled, Unconventional Lawmaking in the Law of the Sea: A conversation with contributors, 26 May 2022, online, to celebrate the release of Natalie Klein (ed.) Unconventional Lawmaking in the Law of the Sea (OUP 2022). For more information see here.

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UNGA: High-Level Commemorative Meeting on 40th Anniversary of UNCLOS

On 29 April 2022 the 76th Session of the United Nations General Assembly held an event to commemorate the 40th anniversary of the adoption of the United Nations Convention on the Law of the Sea (UNCLOS), entitled, Informal meeting of the plenary to commemorate the fortieth anniversary of the adoption of the United Nations Convention on the Law of the Sea (programme). The event was convened followed a request from the delegations of Denmark, Grenada, Kenya, Portugal and Singapore.

On 30 April 1982, following a request for a recorded vote by the USA, the Third United Nations Conference on the Law of the Sea adopted UNCLOS by 130 votes (in favour) to 4 (against), with 17 abstentions (A/CONF.62/SR.182, paras. 26-28, subject to drafting changes and with 2 delegations not participating in the vote). UNCLOS was formally adopted and opened for signature on 10 December 1982 (A/CONF.62/122).

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EU/Norway: Understanding on Fisheries Management in Northeast Arctic

On 28 April 2022 the European Union and Norway reached an understanding on sustainable fisheries management in the Northeast Arctic (ICES subareas 1 and 2), including in the Fishery Protection Zone around Svalbard. The Ad-hoc exploratory consultations in relation to the fisheries in ICES areas 1 and 2 includes agreed cod quotas and consultations on (direct and by-catch) catch limits for other listed species. This resolves a bilateral disagreement brought to the surface following the 2021 UK-Norway Fisheries Agreement and Svalbard cod quota therein (see also, Agreed Record of Fisheries Consultations for 2022, press release, and 2020 Framework Agreement on Fisheries). Similar to the 2021 UK-Norway Fisheries Agreement, the 2022 EU-Norway Understanding notes “Norway’s rights and duties as a coastal State to regulate, in accordance with international law, the conservation and management of marine living resources in areas where it has sovereign rights, including in the Fishery Protection Zone around Svalbard” and is without prejudice to the Parties respective interpretations of the 1920 Spitsbergen Treaty, Part VII of UNCLOS, and the 1995 UN Fish Stocks Agreement.

For more information see the Norwegian press release and EU press release.

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Vacancy: Doctoral Fellow at Ghent University

The Maritime Institute (Department of European, Public and International Law of the Faculty of Law and Criminology, Ghent University (Belgium)) is seeking a doctoral fellow to address, Revising the international fisheries regime: optimum conservation and utilization of fish stocks through feasible legal measures, adequate implementation and effective enforcement. Applications are welcome until 15 June 2022. For more information see here.

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Call for Abstracts: 2022 Oslo International Environmental Law Conference

The IUCN World Commission on Environmental Law and the Faculty of Law of the University of Oslo, will host the 2020 Oslo Environmental Law Conference, themed, The Transformative Power of Law: Addressing Global Environmental Challenges, 3-6 October 2022, at the University of Oslo (Norway). Many of the non-exhaustive subject clusters lend themselves to a law of the sea perspective submission, although most evident is 3. Transforming Ocean Governance: UNCLOS as Living Instrument. Abstracts are welcome until 30 April 2022. For more information see here.

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Book Launch: The Law of the Sea (4th Ed)

On 26 May 2022 the Manchester International Law Centre (UoM) and Manchester University Press shall host a virtual book launch with the authors for: Robin Churchill, Vaughan Lowe and Amy Sander, The law of the sea (4th Ed., 2022). For more information see here.

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Moot Court: 2022 China International Law of the Sea Competition 

Wuhan University China Institute of Boundary and Ocean Studies (CIBOS) and the Chinese Society of the Law of the Sea have announced the 2022 China International Law of the Sea Moot Court Competition, The Case Concerning Iron Fertilization in the Eleanor Sea (The Republic of Futuna v. The Kingdom of Ellis), to be held 22-23 October 2022, online. Registration is open until 31 May 2022. For more information see here.

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ICJ: Sovereign Rights & Maritime Spaces (Nicaragua/Colombia) Judgment

On 21 April 2022 the ICJ delivered its Judgment on the merits, Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia), Judgment. This Judgment was accompanied by 3 Dissenting Opinions (Judge Abraham; Judge Nolte; Judge ad hoc McRae) 4 Declarations (Vice-President Gevorgian; Judge Bennouna; Judge Xue; Judge Iwasawa) and 3 Separate Opinions (Judge Tomka; Judge Yusuf; Judge Robinson). Previously, the ICJ delivered its Preliminary Objections, Judgment of 17 March 2016 and the previous decisions on sovereignty over certain maritime features and maritime delimitation in the Territorial and Maritime Dispute (Nicaragua v. Colombia), Judgment of 19 November 2012 formed an integral part of the legal and geographic background to this case.

The Judgment of 21 April 2022 includes, among others, significant statements on the scope of the customary international law of the sea, the scope of coastal state rights in the contiguous zone, rights and duties concerning freedom of navigation and marine environmental protection, exceptionalism of historic fishing rights, and the scope of straight baselines and their relationship to other rights and duties in the law of the sea. The operative clause (paragraph 261, votes omitted) states:

THE COURT,
(1) By ten votes to five,
Finds that its jurisdiction, based on Article XXXI of the Pact of Bogotá, to adjudicate upon the dispute regarding the alleged violations by the Republic of Colombia of the Republic of Nicaragua’s rights in the maritime zones which the Court declared in its 2012 Judgment to appertain to the Republic of Nicaragua, covers the claims based on those events referred to by the Republic of Nicaragua that occurred after 27 November 2013, the date on which the Pact of Bogotá ceased to be in force for the Republic of Colombia;

(2) By ten votes to five,
Finds that, by interfering with fishing and marine scientific research activities of Nicaraguan-flagged or Nicaraguan-licensed vessels and with the operations of Nicaraguan naval vessels in the Republic of Nicaragua’s exclusive economic zone and by purporting to enforce conservation measures in that zone, the Republic of Colombia has violated the Republic of Nicaragua’s sovereign rights and jurisdiction in this maritime zone;

(3) By nine votes to six,
Finds that, by authorizing fishing activities in the Republic of Nicaragua’s exclusive economic zone, the Republic of Colombia has violated the Republic of Nicaragua’s sovereign rights and jurisdiction in this maritime zone;

(4) By nine votes to six,
Finds that the Republic of Colombia must immediately cease the conduct referred to in points (2) and (3) above;

(5) By thirteen votes to two,
Finds that the “integral contiguous zone” established by the Republic of Colombia by Presidential Decree 1946 of 9 September 2013, as amended by Decree 1119 of 17 June 2014, is not in conformity with customary international law, as set out in paragraphs 170 to 187 above;

(6) By twelve votes to three,
Finds that the Republic of Colombia must, by means of its own choosing, bring into conformity with customary international law the provisions of Presidential Decree 1946 of 9 September 2013, as amended by Decree 1119 of 17 June 2014, in so far as they relate to maritime areas declared by the Court in its 2012 Judgment to appertain to the Republic of Nicaragua;

(7) By twelve votes to three,
Finds that the Republic of Nicaragua’s straight baselines established by Decree No. 33-2013 of 19 August 2013, as amended by Decree No. 17-2018 of 10 October 2018, are not in conformity with customary international law;

(8) By fourteen votes to one,
Rejects all other submissions made by the Parties.

Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia), Judgment [261].

See also the Summary 2022/3 (21 April 2022).

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Workshop: UNCLOS at 40 – Judiciary Contributions & Judicial Jurisdiction

The Netherlands Institute for the Law of the Sea (NILOS) and the Utrecht Centre for Water, Oceans and Sustainability Law (UCWOSL) will host a workshop, entitled, The United Nations Convention on the law of the sea at forty: the contribution of the judiciary and judicial jurisdiction, 5-6 May 2022 in a hybrid format (Utrecht/Online). For more information see here.

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Call for Papers: Africa and the Challenge of Climate Change

The African Society of International Law (AfSIL) is currently seeking contributions for its 11th Annual Conference, entitled, Africa and the Challenge of Climate Change, 28-29 October 2022 in Cairo, Egypt (virtual participation possible). This includes Theme VIII: Climate Change and the Law of the Sea, although other themes may also be addressed from a law of the sea perspective. Abstracts are welcome untill 15 May 2022. For more information see here.

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Call for Papers: UNCLOS in Asia-Pacific – 40 Years and Onwards

The Development of International Law in Asia-Korea (DILA-KOREA) and the Korea Institute of Ocean Science and Technology (KIOST) are seeking papers for the 2022 Asia-Pacific Ocean Law Institutions Alliance (APOLIA) Conference, themed, UNCLOS in Asia-Pacific: 40 Years and Onwards, 19–20 May 2022. Abstracts are welcome until 20 April 2022. For more information see the call for papers.

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EU: Prohibition on Access to Port for Russian Flagged Vessels

On 8 April 2022 the Council of the European Union adopted Council Decision (CFSP) 2022/578, as well as the corresponding regulatory action to ensure uniform application in all Member States (Recital 10), Council Regulation (EU) 2022/576. Council Decision (CFSP) 2022/578 introduced, among other measures, prohibitions on access to EU ports of vessels registered under the flag of Russia and recently reflagged (24 February 2022) vessels formerly registered under the flag of Russia (Article 1(18); inserting Article 4ha into Council Decision 2014/512/CFSP). Article 1(11) of Council Regulation (EU) 2022/576 therefore inserts Article 3ea into Council Regulation (EU) No 833/2014, whereby:

1.   It shall be prohibited to provide access after 16 April 2022 to ports in the territory of the Union to any vessel registered under the flag of Russia.

2.   Paragraph 1 shall apply to vessels that have changed their Russian flag or their registration, to the flag or register of any other State after 24 February 2022.

3.   For the purposes of this Article, a vessel means:

(a) a ship falling within the scope of the relevant international conventions;

(b) a yacht, of 15 metres in length or more, which does not carry cargo and carrying no more than 12 passengers; or

(c) recreational craft or personal watercraft as defined in Directive 2013/53/EU of the European Parliament and of the Council.

4.  Paragraph 1 shall not apply in the case of a vessel in need of assistance seeking a place of refuge, of an emergency port call for reasons of maritime safety, or for saving life at sea.

5.  By way of derogation from paragraph 1, the competent authorities may authorise a vessel to access a port, under such conditions as they deem appropriate, after having determined that the access is necessary for:

(a) the purchase, import or transport into the Union of natural gas and oil, including refined petroleum products, titanium, aluminium, copper, nickel, palladium and iron ore, as well as certain chemical and iron products as listed in Annex XXIV;

(b) the purchase, import or transport of pharmaceutical, medical, agricultural and food products, including wheat and fertilisers whose import, purchase and transport is allowed under this Regulation;

(c) humanitarian purposes;

(d) transport of nuclear fuel and other goods strictly necessary for the functioning of civil nuclear capabilities; or

(e) the purchase, import or transport into the Union of coal and other solid fossil fuels, as listed in Annex XXII until 10 August 2022.

6.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 5 within two weeks of the authorisation

Article 1(11) of Council Regulation (EU) 2022/576 (footnotes omitted)

For more information see the Council of the EU press release and Official Journal of the European Union, L 111, 8 April 2022.

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Vacancies: Program Coordinator & Research Assistant – Center for Strategic & International Studies

The Center for Strategic and International Studies (CSIS) is currently advertising full-time positions, including a Program Coordinator and a Research Assistant to join the Asia Maritime Transparency Initiative (AMTI) and the Stephenson Ocean Security Project (SOS), based in Washington, D.C. (USA). For more information see here.

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Vacancy: (Senior) Research Fellow – Law of the Sea at MPFPR

The Max Planck Foundation for International Peace and the Rule of Law (Heidelberg, Germany) is currently advertising the position of (Senior) Research Fellow with Specialisation in Law of the Sea, focusing on the Southeast Asia and Indian Ocean regions. Applications are welcome until 29 April 2022. For more information see here.

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UK: The Russia (Sanctions)(EU Exit)(Amendment)(No. 7) Regulations 2022

On 29 March 2022 The Russia (Sanctions) (EU Exit) (Amendment) (No. 7) Regulations 2022 (S.I. 395/2022) were made and entered into force on 30 March 2022. The Regulations amend the previously reported Russia (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/855), of relevance including the extension of “Crimea” shipping and trade sanctions to “non-government controlled areas of the Donetsk and Luhansk oblasts” (defined, Regulation 2); a prohibition of technical assistance relating to vessels to, or for the benefit of, designated persons (Regulation 46A); and the additions of penalties (Regulation 80) for offences under Part 6 (Ships). See further, the UK Government press release.

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Call for Papers: ASCOMARE Yearbook on the Law of the Sea Vol. 2

Associazione di Consulenza in Diritto del Mare (ASCOMARE) has launched a call for papers for the Second Volume of its Yearbook on the Law of the Sea (YLoS), entitled, Fisheries and the Law of the Sea in the Anthropocene Era. Abstracts are welcome until 31 May 2022. For more information see the call for papers and Volume 1.

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EU: Member of North Pacific Fisheries Commission

On 23 March 2022 the European Union (EU) became a Member of the North Pacific Fisheries Commission (NPFC), having acceded to the Convention for the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean. As required for accession under Article 24(2) of the NPFC Convention, existing Members reached consensus on inviting the EU to accede at the 6th Meeting of the NPFC (23-25 February 2021) (COM06 Report, para. 8). The NPFC was unable to reach consensus on the EU’s previous 2018 and 2019 requests to join, and the EU’s 2020 request was not considered due to the COVID-19 pandemic and lack of NPFC Meeting. Some Members expressed concerns over EU fishing activities in the Convention Area, proposing conditions thereof (COM06 Report, para. 10; Annex D). For more information see here and here.

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Call for Papers: Enhancing Climate Action Beyond the State

The Centre for International Law and Governance (Faculty of Law, University of Copenhagen) and the Frank Guarini Center (New York University School of Law) will host the IV TRAMEREN International Conference, entitled, Enhancing Climate Action beyond the State, 1-2 June 2022, in Copenhagen, Denmark. Paper proposals are welcome until 26 April 2022. For more information see here.

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ROK/Mexico: Proposal to amend 1996 London Protocol – sewage sludge dumping prohibition

On 25 March 2022, the Republic of Korea and Mexico submitted a Proposal to amend Annex 1 to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes or other Matter, 1972 to remove sewage sludge from the list of wastes or other matter that may be considered for dumping (LC44/10, annexed to Circular Letter No. 4539). The amendment is proposed under Article 21 of the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Protocol) and would entail the deletion of sewage sludge from the list of permissible wastes in Annex 1 of the London Protocol.

If the amendment is adopted, Article 4(1) of the London Protocol will apply to sewage sludge whereby:

Contracting Parties shall prohibit the dumping of any wastes or other matter with the exception of those listed in Annex 1.

London Protocol, Article 4(1).

Note, the governing bodies at the previous Meeting of Parties (43rd London Convention/16th London Protocol) in October 2021 agreed “that there was sufficient evidence and justification for amending Annex 1 to remove sewage sludge from the list of permissible wastes” and “invited a Contracting Party or Parties to the London Protocol to propose an amendment to Annex 1 of the London Protocol to remove sewage sludge from the list of wastes or other matter that could be considered for dumping” (LC 43/17, paras. 10.16-10.24). The proposal is submitted for consideration and adoption at the 17th London Protocol Meeting of Contracting Parties (3-7 October 2022). For more information see the IMO press release.

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2022 Rear Admiral Horace B. Robertson Prize in International Law

The Judge Advocate General of the Navy (USA) has announced the 2022 Rear Admiral Horace B. Robertson Prize in International Law, which welcomes submissions in the field of international law, related to national security, until 20 June 2022. The prize is “open to all judge advocates, including reservists and retirees, in the armed forces of any country”, with the winning article being published in International Law Studies. For more information see here.

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ISA/IORA: MoU on Cooperation in Areas of Common Interest

On 18 March 2022, the Secretary-General of the International Seabed Authority (ISA) and the Secretary-General of the Indian Ocean Rim Association (IORA) signed the Memorandum of understanding between the Indian Ocean Rim Association and the International Seabed Authority which aims to “provide a framework of cooperation and facilitate collaboration […] in the areas of common interest” (para. 1). This follows approval of the MoU by the IORA Member States (16 April 2020) and the Council of the ISA (10 December 2021) (ISBA/26/C/13/Add.1, para. 36). Such arrangements on consultation and cooperation by the ISA with international and non-governmental organizations is initiated by the Secretary-General of the ISA by virtue of the competence found in Article 169(1) of UNCLOS. As per Article 169(2) of UNCLOS, IORA now “may designate representatives to attend meetings of the organs of the Authority as observers” and “procedures shall be established for obtaining the views of [IORA] in appropriate cases”.

Areas of co-operation in the MoU, to implement through supplement arrangements (para. 3), include:

(a) To consult, where appropriate and practical, on matters of mutual interest with a view to promoting or enhancing a better understanding and coordination of their respective activities in respect of such matters;
(b) To develop joint capacity-building programmes related to seabed exploration, legal and policy formulation, and environmental management planning;
(c) To cooperate, where appropriate and practical, for the sharing and managing of information and non-confidential data related to offshore hydrocarbon and seabed mineral deposits;
(d) To promote, where appropriate, exchange of information and sharing of technologies related to seabed exploration and mining;
(e) To promote and encourage marine scientific research.

Memorandum of understanding between the Indian Ocean Rim Association and the International Seabed Authority, para. 2 (ISBA/26/C/16, Annex)

See further the ISA press release.

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Colloquium: Colloque à l’occasion des 40 ans de la Convention des Nations unies sur le droit de la mer

The Centre d’études et de recherche internationales et communautaires (Aix-Marseille Université), supported by the International Association for the Law of the Sea, shall host a Colloquium, entitled, Colloque à l’occasion des 40 ans de la Convention des Nations unies sur le droit de la mer, 16-17 June 2022, in a hybrid format (Aix-en-Provence/Online). For more information see the programme and here.

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Call for Proposals: 15th Polar Law Symposium

The Center for Arctic Studies (University of Iceland), in partnership with the Arctic Circle, will co-host the 15th Polar Law Symposium, 12-14 October 2022, in Reykjavík, Iceland. Proposals for keynotes, panels, workshops and/or single topic presentations for inclusion on the PLS agenda are welcome until 15 April 2022. For more information see here

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USA: Import prohibitions on Russian-origin fisheries & oil and gas sectors

On 8 March 2022 the President of the United States of America signed Executive Order 14066, entitled, Prohibiting Certain Imports and New Investments With Respect to Continued Russian Federation Efforts To Undermine the Sovereignty and Territorial Integrity of Ukraine, which includes, among others, the following:

Section 1. (a) The following are prohibited:
(i) the importation into the United States of the following products of Russian Federation origin: crude oil; petroleum; petroleum fuels, oils, and products of their distillation; liquefied natural gas; coal; and coal products;

Executive Order 14066

On 11 March 2022 the President of the United States of America signed Executive Order 14068, entitled, Prohibiting Certain Imports, Exports, and New Investment With Respect to Continued Russian Federation Aggression, which includes, among others, the following:

Section 1. (a) The following are prohibited:
(i) the importation into the United States of the following products of Russian Federation origin: fish, seafood, and preparations thereof; alcoholic beverages; non-industrial diamonds; and any other products of Russian Federation origin as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Commerce;

Executive Order 14068

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Webinar: Rising Sea Levels in Asia

The U.S.-Asia Law Institute (USALI) of NYU School of Law will host the 2022 Timothy A. Gelatt Dialogue on the Rule of Law in East Asia: Climate Change in Asia-Pacific, with panel 2, entitled, Rising Sea Levels in Asia, scheduled for 24 March 2022, online (Zoom). For more information see here.

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Conference: UNCLOS at 40 – An Assessment

The Centre for International Law (National University of Singapore) shall host a conference, entitled, UNCLOS at 40: An Assessment, 29-30 March 2022, online (Zoom). For more information, see here.

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IMO: Council Decisions on Situation in Black Sea & Sea of Azov

From 10-11 March 2022 the IMO Council virtually held its 35th Extraordinary Session (C/ES.35), addressing, the impacts on shipping and seafarers of the situation in the Black Sea and the Sea of Azov. The IMO Council made decisions on the situation, including: condemnation of “the Russian Federation’s violation of the territorial integrity and the sovereignty of a United Nations Member State, extending to its territorial waters” as inconsistent with the UN Charter and the purposes of IMO as set forth in Article 1 of the IMO Convention; deploring “attacks of the Russian Federation aimed at commercial vessels” threatening maritime safety and the marine environment; and recalling “Ukraine must be afforded, without delay, all its rights in regard to the implementation of the instruments adopted within the framework of this Organization, as a flag State, port State and coastal State”. Decisions of the IMO Council also included the encouragement of “the establishment, as a provisional and urgent measure, of a blue safe maritime corridor” and the welcoming of a series of proposals to support seafarers, directed at coastal states, port states, transit states and states of nationality.

For more information see here and here.

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Vacancy: PhD Fellow at University of Tromsø

Applications are welcome until 6 April 2022 for the position of PhD Fellow in offshore renewable energy in the Arctic and the Law of the Sea, undertaken at the Changing Arctic Research School and affiliated to the Norwegian Centre for the Law of the Sea (NCLOS), Arctic University of Norway (Tromsø, Norway).

For more information see here.

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Conference: UNCLOS at 40

The 45th Annual Conference on Oceans Law & Policy, entitled, UNCLOS at 40, will be held 16-18 March 2022, Online (Zoom). For more information see here.

This year, COLP is sponsored by Stockton Center for International Law (SCIL) at the United States Naval War College and the Maritime Institute of Malaysia (MIMA), co-sponsored by the Embassy of Japan in Malaysia, World Maritime University (WMU)-Sasakawa Global Ocean Institute (GOI) and the Korea Maritime Institute (KMI), with additional generous support from the Centre for International Law (CIL NUS), the National Center for the Sea and Maritime Law (DEHUKAM) (Turkey), and the Japan Institute of International Affairs (JIIA).

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Panel: From Mediterranean Sea to Japan Sea – Maritime Issues

The Ankara University Research Center of the Sea and Maritime Law (DEHUKAM) will host an international panel, entitled, From Mediterranean Sea to Japan Sea: Maritime Issues: Industrialization and Marine Resources, 10 March 2022, Online (Zoom). For more information see here.

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Lecture: The Law of the Sea and Democracy

The Center for Law, Energy & the Environment (UC Berkeley School of Law) shall host the 2022 Harry & Jane Scheiber Lecture in Ocean Law & Policy, entitled, The Law of the Sea and Democracy10 March 2022, in a hybrid format (UC Berkeley Law School/Zoom).

For more information and registration see here.

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Arctic Council: 7 Members Temporarily Pause Participation

On 3 March 2022, Canada, the Kingdom of Denmark, Finland, Iceland, Norway, Sweden, and the United States issued a joint statement, entitled, Joint Statement on Arctic Council Cooperation Following Russia’s Invasion of Ukraine, stating “our representatives will not travel to Russia for meetings of the Arctic Council. Additionally, our states are temporarily pausing participation in all meetings of the Council and its subsidiary bodies, pending consideration of the necessary modalities that can allow us to continue the Council’s important work in view of the current circumstances”.

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Call for Abstracts: Power and the Development of International Law – Asian Perspectives

The 2022 Regional Conference of the Asian Society of International Law, hosted by the Nepalese Society of International Law-Nepal Chapter of AsianSIL, entitled, Power and the Development of International law: Asian Perspectives, will occur 29-30 July 2022, Online/Hybrid (TBC: Nepal). Abstracts are welcome until 7 April 2022 and numerous law of the sea topics are included in the non-exhaustive examples provided. For more information, see here.

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Vacancy: PhD Studentship at Leeds Beckett University

Leeds Law School (Leeds Beckett University, UK) is currently advertising for a PhD Candidate in Public International Law, in the context of Indian Ocean tuna management and with the studentship open to candidates from IOTC coastal States only. Applications are welcome until 10 March 2022. For more information see here.

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2022 United Nations – The Nippon Foundation Strategic Fellowship: 11 Fellowships

The Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs of the United Nations (“OLA/DOALOS”), is now accepting applications for the 2022 Session of the United Nations – The Nippon Foundation Strategic Fellowship Programme. It is intended that 11 Fellowships will be offered in 2022.

“The objective of the United Nations – The Nippon Foundation Strategic Fellowship is to assists developing States, particularly least developed countries, small island developing States and landlocked developing countries, to address identified critical needs in the implementation of the United Nations Convention on the Law of the Sea (UNCLOS), and related instruments, as well as Sustainable Development Goal (SDG) 14 and other related SDGs. The Fellowship is targeted at Government officials with limited background in ocean affairs and the law of the sea who are filling key positions in their Administration and who are tasked to address the needs referred to above”.

Call for Applications 2022.

Applications are welcome until 1 April 2022. For more information and to apply, see here.

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IFLOS Summer Academy 2022

The International Foundation for the Law of the Sea (IFLOS) shall host the 2022 Session of the IFLOS Summer Academy7 August – 2 September 2022, at the International Tribunal for the Law of the Sea (Hamburg, Germany). Applications are welcome until 15 May 2022.

For more information, see here.

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Events: Looking Back to the Future in the Law of the Sea

The Centre for International and Public Law (CIPL, ANU) and the Australian and New Zealand Society of International Law (ANZSIL) will host a series of events, entitled, Looking Back to the Future in the Law of the Sea: UNCLOS III and the LOSC at 40, beginning 24 February 2022 with a webinar, entitled, Australian and New Zealand Perspectives on the Negotiations at UNCLOS III. For more information and an overview of all events planned in 2022 see here.

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Call for Applications: Maritime Cybersecurity Workshop

The Cyber & Innovation Policy Institute (CIPI), US Naval War College, will host the 2022 CIPI Summer Workshop, themed, Maritime Cybersecurity, 12-14 June 2022, at the US Naval War College (Newport, USA). Applications are welcome until 15 March 2022. For more information see here.

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Webinar: Successes and Failures of UNCLOS

Volterra Fietta will host a seminar series to commemorate the 40th Anniversary of the United Nations Convention on the Law of the Sea, with the inaugural seminar, entitled, Successes and failures of UNCLOS, to be held 1 February 2022, online. For more information and registration see here.

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2022 Rhodes Academy of Oceans Law and Policy

The 2022 session of the Rhodes Academy of Oceans Law and Policy has been scheduled for 3-22 July 2022. The deadline to submit an application is 29 April 2022. For more information, fees and application documents please see here. The Academy has a small number of extremely competitive scholarships available that are offered based on high academic merit and financial need.

Furthermore, see the Rhodes Academy Submarine Cables Writing Award sponsored by The International Cable Protection Committee the winner of which is awarded a full scholarship to the Rhodes Academy. Information on the 2022 Rhodes Academy Submarine Cables Writing Award is not yet available.

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Eritrea: Written Notice of IOTC Agreement Withdrawal

On 5 January 2022, the Indian Ocean Tuna Commission (IOTC) Secretariat issued IOTC Circular 2022-01, which includes a Communication (dated, 3 January 2022) from the the Government of the State of Eritrea on its intention to withdraw “its membership in the IOTC indefinitely as of the beginning of the year 2022”. Eritrea states it has “neither been an active member of the organisation nor did it honoured its financial obligations during the last 20 some years due to unfair, unfounded and unjustified sanctions imposed upon it”. Article XXI(1) of the IOTC Agreement provides that “Withdrawal shall become effective at the end of the calendar year following that in which the notice of withdrawal has been received by the Director- General” (i.e., 2023, unless the Commission makes a determination under Article IV(4)).

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The Day of Crisis Competition 2022

The Hague Academy of International Law will host the student competition, Day of Crisis, 29-30 April 2022, in the Hague (The Netherlands). Registration closes 20 January 2022. According to the Intelligence Briefing No 1 of 2021, “themes are related to activities of espionage, fisheries and other maritime activities, causes and consequences of climate change, international investment, and arbitration”. for more information see here.

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Webinar: The Conundrum for International Law of Rising Sea Levels

The School of Law (University of Essex) shall host its Essex Public International Law Lecture Series (Spring Term), including, The Conundrum for International Law of Rising Sea Levels17 January 2022 (online).

For more information and registration see here.

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Call for Papers: International Law & Climate Change

The International Law Association British Branch Annual Spring Conference, themed, International Law and Climate Change, will be held 29 April 2022 in a hybrid format (University of Surrey/Online). The panel on the Impacts of Rising Sea Level on Migration and Statehood, or suggested topics such as emission trading schemes, could be relevant to law of the sea submissions. Abstracts are welcome until 1 February 2022. For more information see the call for papers.

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UNGA: Annual Resolutions Adopted on Law of the Sea & Sustainable Fisheries

The United Nations General Assembly (UNGA) adopted two resolutions on the 9 December 2021Resolution 76/72: Oceans and the law of the sea and Resolution 76/71: Sustainable fisheries, including through the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, and related instruments.

Argentina stressed that certain recommendations contained in Resolution 76/72 cannot be considered as applying to states not parties to the 1994 Implementing Agreement, while Turkey voted against adoption, considering Turkey’s consistent objection to the view that UNCLOS has a “universal and unified character” (131 in favour to 1 against (Turkey) with 4 abstentions (Colombia, El Salvador, Nigeria, Venezuela)). Colombia, El Savador and Venezuela also distanced themselves from the universal nature of UNCLOS as non-parties to UNCLOS. Resolution 76/71 was adopted by consensus without a vote. Discussions (2) leading up to adoption include the position of state representatives on numerous topics, with the impacts of sea-level rise, plastic pollution, the South China Sea and discharges in the Fukushima area arising on several occasions.

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Conference: Climate Change, Maritime Law & Ocean Governance

The Hong Kong Commercial and Maritime Law Centre (City University of Hong Kong) shall host a conference, entitled, Climate Change, Maritime Law and Ocean Governance: Foreseeable Conflicts and Legal Remedies, 27-28 January 2022, Online (Zoom). For more information see the programme and registration.

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Call for Papers: Italia e diritto del mare

The SIDI – Gruppo d’Interesse sul Diritto del Mare will host a conference, entitled, Italia e diritto del mare, 29 April 2022, at the Università di Milano-Bicocca (Milan, Italy). Abstracts are welcome until 10 February 2022. For more information see the call.

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Course: Law of the Sea & Climate Change

The Singapore Cooperation Programme shall host an online course, entitled, Law of the Sea and Climate Change, 7-11 February 2022. Nominations (mid- to senior-level government officials working in port and maritime-related roles) from eligible countries are welcome until 10 January 2022.

For more information see here.

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ITLOS: The M/T “San Padre Pio” (No. 2) Case (Switzerland/Nigeria), Order 2021/6

Concerning The M/T “San Padre Pio” (No. 2) Case (Switzerland/Nigeria), on 29 December 2021, as per the request of Switzerland to which Nigeria had no objection, the President of the Tribunal in accordance with Article 105 of the Rules of the Tribunal:

Places on record the discontinuance, by agreement of the Parties, of the proceedings initiated on 17 December 2019 by Switzerland and Nigeria; and

Orders that the case be removed from the List of cases

Order 2021/6 of 29 December 2021.

As previously reported, in May 2021 Switzerland and Nigeria concluded a Memorandum of Understanding (MoU) providing for the immediate release of the M/T “San Padre Pio” vessel and the eventual discontinuance of The M/T “San Padre Pio” (No. 2) Case (Switzerland/Nigeria) proceedings, under Paragraph 4 of the MoU, “from the moment that the M/T ‘San Padre Pio’ enters the high seas, or the territorial sea or Exclusive Economic Zone of another State”. As per the letters submitted to the Tribunal in December 2021 by the Agent of Switzerland and the Agent of Nigeria, respectively, on 10 December 2021, the M/T San Padre Pio was released, departed the maritime zones of Nigeria and entered the exclusive economic zone of Bénin (Order 2021/6 paras 11-14). Finally, Paragraphs 5-6 of the MoU are quoted as providing that:

For the sake of clarity, upon the discontinuance of these proceedings, the Provisional Measures Order dated 6th July, 2019, made in: The M/T ‘San Padre Pio’ case (Switzerland/Nigeria) (Case No. 27) will cease to have effect

This agreement constitutes a full and final settlement of the matter relating to the MIT ‘San Padre Pio’ between the Parties

Order 2021/6 para 15

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