Author Archives: A. N. Honniball

Franco-UK Agreement on Scallop Fishing in the Bay of Seine

Altercations between French and UK scallop fishers in the Bay of Seine (French EEZ) resurfaced on the 27 August 2018 (the “scallop wars”). The incident arose out of a failure to renew a bilateral agreement between French and UK fishermen before the start of the 2018 scallop fishing season. Consensus could not be reached upon whether to include UK vessels under 15 metres long within the industry agreement. Following a series of meetings, industry agreement was reached 17 September 2018 and endorsed by the respective French and UK ministries.

For further information see the French Ministry of Agriculture and Food communiqués and the prior statement of the UK Minister of State at the Department for Environment, Food and Rural Affairs.

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Conference: Maritime Business and Human Rights

Human Rights at Sea shall host its 2nd International Maritime Human Rights Conference, entitled, Maritime Business and Human Rights, 29 October 2018, at Fishmongers’ Hall (London, UK).

For further information see here, and registration here (fees apply).

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PCA: Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (bifurcation of proceedings)

On 20 August 2018, in respect of the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation), the Arbitral Tribunal unanimously adopted Procedural Order No. 3 deciding that “the Preliminary Objections of the Russian Federation shall be addressed in a preliminary phase of these proceedings”. Procedural Order No. 4, adopted 27 August 2018, established a timetable for the Parties’ further written pleadings on jurisdiction.

For further information see Procedural Order No. 3Procedural Order No. 4 and the Statement of the MFA of Ukraine. The US State Department and the Delegation of the European Union to Ukraine have also recently commented on the situation vis-a-vis the Kerch Strait.

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Workshop: Greenhouse Gas Emissions and Shipping

The Centre for International Law (CIL) of the National University of Singapore (NUS), in collaboration with the Maritime & Port Authority of Singapore, shall host an international workshop, entitled, Greenhouse Gas Emissions and Shipping, 13-14 November 2018, at a downtown hotel TBC (Singapore).

For further information see here.

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Call for Papers: Empowering Women in the Maritime Community

The World Maritime University (WMU) shall host its 3rd International Women’s Conference, entitled, Empowering Women in the Maritime Community, 4-5 April 2018 at WMU (Malmö, Sweden). Topics focused on Sustainable Development Goal 5 and gender equality in maritime and related ocean fields are of particular relevance, but submissions are also welcome with a focus on additional SDGs. Abstract submissions are due by 30 November 2018.

For more information see here.

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France (New Caledonia): Three Coral Sea Nature Park decrees adopted

Following public consultations, the Government of New Caledonia adopted on 14 August 2018 three decrees relating to the Coral Sea Nature Park.

The first introduces reserves in the Coral Sea Nature Park at Chesterfield, Bellona, Entrecasteaux, Pétrie and Astrolabe. 7,000km2 is designated réserve intégrale, whereby no access or human activity is allowed, except in the context of approved scientific research. 21,000km2 is designated réserves naturelles, whereby access is subject to governmental authorization and fishing, hunting, camping, picnics or water sports are prohibited. The second decree regulates professional tourism in the area, with a further decree reportedly being prepared for private pleasure craft, yachts, charter vessels and those who transit the maritime area. Finally, the third decree concerns adoption of a Park Management Plan.

Coral Sea Nature Park

For further information see the press releases here and here. Note, currently listed under France an independence referendum is scheduled for 4 November 2018.

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Conference: A Vision for Ocean Law and Governance for 2020-2030 and Beyond

The Strathclyde Centre for Environmental Law and Governance shall host a conference, entitled, A Vision for Ocean Law and Governance for 2020-2030 and Beyond5 December 2018, at the University of Strathclyde (Glasgow, UK).

For more information (programme forthcoming, September 2018) and registration see here.

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Conference: East Asian Seas Congress 2018

Hosted by the Government of the Philippines, the EAS Congress 2018, themed, 25 Years of Partnerships for Healthy Oceans, People and Economies: Moving as One with the Global Ocean Agenda, will occur 27-30 November 2018 at the Iloilo Convention Center (Iloilo City, The Philippines). Online registration is open until 30 October 2018 (fees apply).

For more information see here, and the programme.

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ITLOS: Public hearing M/V “Norstar” Case

The public hearings in the M/V “Norstar” Case (Panama v. Italy) are scheduled to occur 10-15 September 2018, at the International Tribunal for the Law of the Sea (Hamburg, Germany). Members of the general public are requested to register in advance with the Press Office (press@itlos.org). A live broadcast will also be available (10 a.m. (CET), 10 September 2018).

For more information and the schedule see the ITLOS press release.

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South Africa: First vessel detention under work in fishing convention

Following the previously reported entry into force, the first fishing vessel detention under the port state inspection provisions of the ILO Convention (No. 188) concerning work in the fishing sector occurred in June 2018, Cape Town, South Africa. Steps for rectification and a detention fee were required before the vessel was permitted to leave.

For more information, see the ILO press release.

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Event: World Port Days 2018

The port of Rotterdam shall host its annual World Port Days festival, 7-9 September  2018 (Rotterdam, The Netherlands). The inner city festival is free to enter and no ticket required. Excursions may require a ticket, some of which carry a fee. Excursion tickets will be on sale 20 August 2018, bar a few available now.

For more information, see the program.

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EU-China Blue Partnership for the Oceans

During the 20th EU-China Summit, 16 July 2018 (Beijing, China) the European Union and China have signed an ocean partnership agreement, entitled, Blue Partnership for the Oceans: towards better ocean governance, sustainable fisheries and a thriving maritime economy. China had expressed its interest in such a partnership at previous high-level dialogues on oceans affairs (2017).

See further, the EU press release and Joint Statement (para. 33).

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FAO: Public Release of Global Record Information System

Following its launch in April 2017, The Information System of the Global Record of Fishing Vessels, Refrigerated Transport Vessels and Supply Vessels, was released to the general public on 9 July 2018. Data is provided by the official state authorities (reportedly 48 to-date) who remain responsible.

For more information see the Information System and press releases (2), (3).

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EU-Morocco Fisheries Partnership Agreement renewal concluded

The fifth negotiating session between the European Union and the Kingdom of Morocco for the renewal of the Fisheries Partnership Agreement and its Protocol concluded 20 July 2018. Both parties will now proceed with their respective legislative processes to ratify the agreement. The Moroccan fishing zone includes waters in the Sahara region (art. 1). Following the previously reported CJEU Decision on this issue, the European Commission states the text that is negotiated provides for strict provisions on the geographical and social distribution of benefits. The Sahrawi delegate minister for Europe responded “neither Western Sahara nor the waters adjacent to it are part of Morocco or its exclusive economic zone”.

For more information see the press releases of the EU (2), Morocco and Sahara Press Service.

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FAO: The State of World Fisheries and Aquaculture 2018

The FAO published its The State of World Fisheries and Aquaculture 2018, 9 July 2018. SOFIA reports provide a “comprehensive, objective and global view of capture fisheries and aquaculture, including associated policy issues” (FAO). Notably, in 2015 fish stocks within biologically sustainable levels decreased to 66.9%, whilst stocks fished at biologically unsustainable levels increased to 33.1%. Among the FAO’s statistical areas, the Mediterranean and Black Sea had the highest percentage of unsustainable stocks, at 62.2%.

For further information, see the full report, or SOFIA 2018: in brief. Other languages are available here.

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ICJ: Revision and Interpretation requests for Pedra Branca/Pulau Batu Puteh case discontinued

In letters dated 29 May 2018, the ICJ informed Malaysia and Singapore that the Court had placed on record the discontinuance, by agreement of the Parties, two interrelated cases initiated by Malaysia in 2017. This concerns both, the Application for revision of the Judgment of 23 May 2008 in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) (Malaysia v. Singapore), and the Request for Interpretation of the Judgment of 23 May 2008 in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) (Malaysia v. Singapore).

For more information, see the press statements of the Singapore Ministry of Foreign Affairs and the Chair of Singapore’s Pedra Branca International Court of Justice Committee.

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EU: Commission proposes directive on single-use plastic products and fishing gear

The European Commission published its Proposal for a Directive of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment, 28 May 2018. The directive would apply to single-use plastic products listed in the Annex and to fishing gear containing plastic (art. 2). In general, see pp. 4-5 and 8 for the position of the proposal within wider fisheries, plastic marine litter, marine pollution and oceans governance law and policy of the EU. Preamble, para. 4 addresses the multilateral framework.

For more information, see the press release and further information on fishing gear.

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Conference: From Strasbourg to Hamburg – the human dimension of the Law of the Sea

The T.M.C. Asser Instituut and the Law Faculty of the University of Basel shall host a panel-discussion, entitled, From Strasbourg to Hamburg: the Human Dimension of the Law of the Sea, on the 11 June 2018 at the T.M.C. Asser Instituut (The Hague, Netherlands).

For more information and registration see here.

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Conference: Les droits de l’Homme et la Mer

The annual conference of the Fondation René Cassin, entitled, Les droits de l’Homme et la Mer, will be held 24 – 25 May 2018, at Le Mans Université (Le Mans, France).

For more information see the programme, and registration here.

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Conference: High seas – what’s at stake?

The High Seas Alliance and its partners shall host a conference, entitled, La Haute Mer: Quels Enjeux?/High Seas: What’s at Stake?, 21 June 2018, at the Maison des Océans (Paris, France). The event will have simultaneous translation in French and English.

For the programme and registration, see here.

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Conference: Presente e futuro delle aree oltre la giurisdizione nazionale – aspetti sostanziali e procedurali

The Interest Group on the Law of the Sea of the Italian Society of International Law and European Union Law (SIDI) shall host a panel discussion, entitled, Presente e futuro delle aree oltre la giurisdizione nazionale: aspetti sostanziali e procedurali, 6 June 2018, at the University of Ferrara (Ferrara, Italy).

For more information, see the programme.

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Book Launch: Maritime Boundary Delimitation – The Case Law – Is it Consistent and Predictable?

The K.G. Jebsen Centre for the Law of the Sea (JCLOS), Peace Palace Library and Le Club de Droit International shall host a book launch, entitled, Maritime Boundary Delimitation: The Case Law; Is it Consistent and Predictable?, 17 May 2018, at the Peace Palace Library (The Hague, The Netherlands). The Panel discussion will include Alex Oude Elferink and Yoshifumi Tanaka.

For more information and registration, see here.

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USA: Stay on shrimp and abalone under SIMP lifted

Mandatory compliance with the USA Seafood Import Monitoring Program (SIMP) became effective 1 January 2018, but shrimp and abalone inclusion was stayed until comparable traceability requirements for domestic aquaculture could be established. On 23 April 2018, the stay was lifted and thus shrimp and abalone compliance will be mandatory by 31 December 2018. According to NOAA, “The inclusion of shrimp – the largest US seafood import- and abalone in SIMP nearly doubles the volume and value of imported fish and fish products subject to its requirements, further leveling the playing field for U.S. fishermen, aquaculture producers, and seafood producers around the world who play by the rules”.

For more information see the press release. For other seafood, an “informed compliance” approach ended 9 April 2018.

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Call for papers: International law of the sea and universality

The Law of the Sea Interest Group of the European Society of International Law (LAWSEA IG), shall host a panel, entitled, International Law of the Sea and Universality13 September 2018, at the University of Manchester (Manchester, UK). Abstracts may be submitted until 15 May 2018.

This is part of the pre-conference events scheduled for the 2018 European Society of International Law Conference. For more information, see the LAWSEA IG call for papers.

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Seminar: Analysing the Western Sahara Campaign Case

The Centre for European and International Legal Affairs (CEILA) shall host a lunchtime seminar entitled, Analysing the Western Sahara Campaign Case3 May 2018, at Queen Mary University of London (London, UK). The event will focus discussion on the previously reported CJEU preliminary ruling in Case C-266/16, Western Sahara Campaign UK v Commissioners for Her Majesty’s Revenue and Customs and Secretary of State for Environment, Food and Rural Affairs.

For more information and registration, see here.

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IMO: Initial strategy on the reduction of GHG emissions from ships adopted

​The Initial IMO strategy on the reduction of GHG emissions from ships was adopted, 13 April 2018, by the IMO’s Marine Environment Protection Committee (MEPC), during its 72nd session at IMO Headquarters (London, United Kingdom). Previously, MEPC 70 approved a roadmap for developing a Comprehensive IMO strategy on reduction of GHG emissions from ships, scheduled for 2023. The initial strategy includes reduction of carbon intensity (at least 40% by 2030, pursuing efforts towards 70% by 2050), and GHG emissions (at least 50% by 2050 compared to 2008) for international shipping.

See the IMO press briefing. For further information, see the French and EU Commission press releases, and summary of previous IMO work to address GHG emissions.

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Call for abstracts: Beyond the coast 2018

The Joint Nature Conservation Committee (JNCC) shall host a conference on the future of the UK offshore marine environment, entitled, Beyond the Coast 2018, to be held, 26-27 June 2018, at the University of Hull (Hull, UK). Abstracts for 2 minute presentations and posters are welcome until 16 April 2018.

For more information see the draft programme. For registration and submission see here.

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Conference: The ocean’s contribution to the Sustainable Development Goals

The Strathclyde Centre for Environmental Law and Governance shall host a roundtable, entitled, The Ocean’s Contribution to the Sustainable Development Goals1st May 2018, at the University of Strathclyde (Glasgow, UK). This event is part of the 2018 Festival of Environmental Law and Governance.

For more information and registration see here. A further One Ocean Hub workshop may be of interest, but is invitation only. To express interest, see here.

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ITLOS – Nippon Foundation Capacity Building and Training Programme 2018-2019

The ITLOS-Nippon Foundation Capacity-Building and Training Programme on Dispute Settlement under UNCLOS, July 2018 – March 2019, to be held at ITLOS (Hamburg, Germany), is now open for applicants until 20 April 2018.

For more information see the flyer and website.

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Summer School: Air, space and telecommunication law & law of sea

The Istanbul Center of International Law (ICIL) shall host the 2nd Edition of its Summer Academies of International Law (SAIL)16-28 July 2018, at Istanbul Zaim University (Istanbul, Turkey). Week 1 will address “Air and Space Law”, whilst week 2 covers “Law of Sea”. You may apply to either individual week, or the whole program. Applications  are accepted until 31 May 2018.

For more information, see here and the application form.

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Call for papers: Ocean Yearbook student prize 2018

The Ocean Yearbook annual competition for students writing research papers on “marine affairs” is open to submissions until 13 May 2018. The Student Prize 2018 will include publication in a subsequent issue of the Ocean Yearbook. A definition of maritime affairs is included in the call.

For more information on eligibility and submissions, see here.

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IOI: Training programme in ocean governance for Africa 2018

The International Ocean Institute (African Region) shall host its Training Programme in Ocean Governance for Africa3 – 28 September 2018, at IOISA (Capte Town, South Africa). Applications are welcome until 13 April 2018.

For more information see here, the application form and course brochure.

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Hague Centre for Studies and Research 2018: International inspections

The 2018 programme of the Hague Academy of International Law, Centre for Studies and Research, entitled, International Inspections, will take place 20 August – 7 September 2018. Fields of interest include the law of the sea (e.g. fisheries inspections) and applications are welcome until 31 March 2018.

For more information see the programme and application guidelines.

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TPP-11: Comprehensive and Progressive Agreement for Trans-Pacific Partnership signed

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, also known as the TPP11) was signed by 11 states, 8 March 2018, in Santiago, Chile. The agreement retains the contents of the original Trans-Pacific Partnership (TPP), but includes 20 agreed suspensions, mainly in the area of intellectual property. The annexed Joint Ministerial Statement by CPTPP signatories, “expressed their determination to complete their domestic processes to bring the Agreement into force expeditiously”. Without claiming to be exhaustive, Chapter 20, Environment, is of interest to the law of the sea given its inclusion of ship-source pollution and marine capture fisheries.

For more information, see the CPTPP text, Joint Statement, Press release (Chile) and original TPP text.

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Russia: Novosibirsk Islands Federal Nature Sanctuary established

On the 2 March 2018, the Russian Government signed the directive (Распоряжение от 2 марта 2018 года №352-р) establishing the Novosibirsk Islands Federal Nature Sanctuary. Found within the Republic of Sakha (Yakutia), the sanctuary covers “the Novosibirsk Islands Archipelago and adjoining waters (a section of inland sea and the territorial sea of the Russian Federation with a width of 12 nautical miles adjoining the territory of the Novosibirsk Islands Archipelago)”. This is in accordance with Federal Law of March 14, 1995 No. 33-FZ “On Specially Protected Natural Territories”.

For more information, see press release (English), Order №352-р (in Russian), and Federal Law No. 33-FZ (in Russian).

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Call for papers: Daniel Vignes prize (2nd edition)

The International Association for the Law of the Sea (AssIDMer) welcomes applications for its Prix Daniel Vignes (2ème Edition), “a prize for the best article published in a journal or a collective work, to disseminate knowledge of the international law of the sea”, until 15 April 2018.

The prize will be officially awarded during the VII Ordinary Meeting of the Association. For further information, see the announcement, regulations, and prize homepage.

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EU: Application of the Gas Directive to the EEZ would be contrary to UNCLOS

The Legal Service of the Council of the European Union issued its opinion, 1 March 2018, Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC – compatibility with UNCLOS, ST 6738 2018 INIT. The opinion states that:

“The Union does not have jurisdiction to apply energy law on unbundling, transparency, third-party access and regulated tariffs, which is unrelated to the economic exploitation of the EEZ, to pipelines crossing the EEZ of Member States. The application of the Gas Directive to the EEZ would be contrary to Articles 56 and 58 of UNCLOS as interpreted by the Court of Justice” (para. 21).

For more information, see the opinion here. Reference to the opinion was made during an EC press briefing, available here.

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Moot Court: ITLOS – underwater historical and cultural heritage

The Brazilian Institute for the Law of the Sea (IBDMAR), in partnership with the Federal University of Bahia (UFBA), shall host their first ITLOS moot court competition, Republic of Disali Vs. Kingdom of Brismania2-4 August 2018, at the Federal University of Bahia (Salvador, Bahia, Brazil). Registration is open until 1 June 2018.

For more information please see the official case, competition rules, and registration page.

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Australia/Timor-Leste: Treaty establishing maritime boundaries in the Timor Sea signed

Following previous coverage (here), Australia’s Minister for Foreign Affairs and Timor-Leste’s Deputy Minister Assisting the Prime Minister on Boundary Delimitation, signed the Treaty Between Australia and the Democratic Republic of Timor-Leste Establishing Their Maritime Boundaries in the Timor Sea, 6 March 2018, at the United Nations Headquarters. The agreement may be found here.

For further information, see the respective press releases of Timor-Leste (2),  Australia (2) and the PCA. A video of the proceedings is available here.

aus-timor-leste-maritime-arrangement

Maritime Boundaries in the Timor Sea. Source: Australian Government, Department of Foreign Affairs and Trade

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CBD: Nagoya – Kuala Lumpur Supplementary Protocol enters into force

The Nagoya – Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety, adopted 15 October 2010, entered into force 5 March 2018 with 41 contracting parties. The instrument provides for rules and procedures on liability and redress for damage resulting from transboundary movements of living modified organisms. Article 2(2)(b) defines “damage” to biodiversity.

For more information see the Nagoya – Kuala Lumpur Supplementary Protocol, press releasefactsheet and status.

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Philippines: Objection and nonrecognition of Chinese names for Benham Rise features

On the 14 February 2018 the Philippines Presidential Spokesperson issued a statement objecting to the submissions by China of names for undersea features in the “Benham Rise”, submitted to the Sub-Committee on Undersea Feature Names (SCUFN) of the International Hydrographic Organization. The Philippines will not recognize these names. During a public hearing of the Senate Committee on Science and Technology, 26 February 2018, a reason for the objection was the violation of the Philippines’ sovereign rights, resulting from the lack of consent given to undertake the hydrographic surveys at the basis of the submissions.

For more information see the press releases, here, here, here, here, and SCUFN here. At the time of writing, a video of the hearing was available:

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Seychelles: Two new marine protected areas announced in ‘debt-for conservation’ deal

The Seychelles announced two new Marine Protected Areas (MPAs) covering 210,000 square kilometers (81,000 square miles), 21 February 2018. The MPAs were created as part of the first ever debt-for-conservation deal, designed by The Nature Conservancy. MPAs includes 74,400 sq. km surrounding the Aldabra Group, and 136,000 sq. km between the Amirantes Group and Fortune Bank. $21.6 million of sovereign debt was purchased at a discount, with repayments now made at more favourable terms to the Seychelles Conservation and Climate Adaptation Trust (SeyCCAT).

For more information, see The Nature Conservancy press release and Marine Spatial Plan Phase 1 documentation.

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UK: Fisheries management (post-Brexit) POSTnote published

The UK Parliamentary Office of Science and Technology (POST) has published a POSTnote, entitled, UK Fisheries Management, 21 February 2018. The POSTnote focuses on marine capture fisheries, including future challenges.

For more information, see here.

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Conference: New knowledge and changing circumstances in the law of the sea

The Law of the Sea Institute of Iceland and the Korea Maritime Institute shall host a conference, entitled, New Knowledge and Changing Circumstances in the Law of the Sea28-30 June 2018, at the University of Iceland (Reykjavik, Iceland).

For more information, see here.

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Summer School: Introduction to the international law of the sea

Utrecht University will host a summer school, entitled, Introduction to the International Law of the Sea, 27-31 August 2018, in Utrecht (The Netherlands). Applications are open until 18 August 2018.

For more information, see the programme and registration page. Participants may also be interested in the Law and Sustainability summer course.

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PCA: Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (update)

In respect of the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation), Ukraine has filed its Memorial, 19 February 2018, to the Arbitral Tribunal Constituted under UNCLOS, Annex VII.

For more information see the Statement of Ukraine’s Foreign Ministry here, and PCA Case No. 2017-06 page here.

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Conference: A bridge over troubled waters (update)

In respect of the previously reported conference, A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea, the video proceedings of the conference are now available online:

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Conference: Building transformative partnerships for ocean sustainability

The World Maritime University will host its WMU Global Ocean Conference 2018, entitled, Building Transformative Partnerships for Ocean Sustainability, from 8-9 May 2018, at the World Maritime University (Malmö, Sweden). This will coincide with the inauguration of the WMU-Sasakawa Global Ocean Institute.

For more information, see here. For more information on the WMU-Sasakawa Global Ocean Institute, see here.

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Conference: Migrants at sea – practical and legal aspects of the refugee situation in the Mediterranean

The International Foundation for the Law of the Sea (IFLOS) shall host the 12th Maritime Talks, entitled, Migrants at Sea – Practical and Legal Aspects of the Refugee Situation in the Mediterranean, on the 17 March 2018, at the International Tribunal for the Law of the Sea (ITLOS) (Hamburg, Germany).

For more information see the flyer here, and registration here.

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Conference: Framing the futures of the South China Sea

The University of Adelaide Law School shall host a round table, entitled, Framing the Futures of the South China Sea28 February 2018, at The University of Adelaide (Adelaide, Australia).

For more information see here, and registration here.

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