Author Archives: A. N. Honniball

49th ASEAN Foreign Ministers’ Meeting Communique and Joint Statement SCS

Reference to the PCA, South China Sea Arbitration Award of 12 July 2016, was dropped from the communique issued by the first meeting of Association of Southeast Asian Nations (ASEAN) foreign ministers since the issue of the Award, following objection by Cambodia. The communique and joint-statement emphasize the peaceful settlement of disputes, and reaffirm the Declaration on the Conduct of Parties in the South China Sea.

See the Joint Communiqué of the 49th ASEAN Foreign Ministers’ Meeting, and the Joint Statement of the Foreign Ministers of ASEAN Member States and China on the Full and Effective Implementation of the Declaration on the Conduct of Parties in the South China Sea.

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Humanity at Sea: Maritime Migration and the Foundations of International Law, 27th July 2016

The City University of London will host a book discussion, entitled, Humanity at Sea: Maritime Migration and the Foundations of International Law, on the 27 July 2016, in room AG21, City University London – College Building (London, UK). The event is free, but registration is required.

Form more information see here. Information on the book to be discussed can be found here.

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Netherlands: World Port Days

The Rotterdam World Port Days will be held from the 2-4 September 2016, with events across the city centre and port area of Rotterdam, the Netherlands. Entrance is free, but some excursions require the purchase of a ticket.

For more information, and programme, see here.

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PSMA: Indonesia and Saint Vincent and the Grenadines join

On the 23 June 2016, Indonesia ratified the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA), having signed on the 22 Nov 2009.

On the 23 June 2016, Saint Vincent and the Grenadines acceded to the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA).

for more information, please see the status of the PSMA.

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Summer School: European Union and the Law of the Sea (EULoS)

The summer school on European Union and the Law of the Sea (EULoS) will be held for three consecutive years, alternatively, in Italy and Germany. The venue for 2016 will be the Free Hanseatic City of Bremen, where the event will take place from 22 August – 2 September 2016. 

Additional information, including an outline programme, can be found at http://eu-los.eu.

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PSMA: Cape Verde accession

On the 23 June 2016, Cape Verde acceded to the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA).

for more information, please see the relevant FAO news coverage, and the latest information on the status of the PSMA.

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UNCLOS: Azerbaijan accession

The 16 June 2016 marked the accession of Azerbaijan to the United Nations Convention on the Law of the Sea (UNCLOS). In accordance with UNCLOS, Article 308(2), the Convention shall enter into force for Azerbaijan on 16 July 2016.

For more information, see here.

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PSMA: Guinea accession

Following the succession of State accessions in May 2016 to the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA), Guinea has acceded to the PSMA on the 3rd June 2016.

For the current status of the PSMA, see here.

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World Oceans Day 2016

World Oceans Day is celebrated today, the 8th June. This year’s theme is “Healthy Oceans, Healthy Planet”, with a focus upon plastic pollution. Various events around the World continue today, and into the forthcoming weekend, under the coordination of The Ocean Project.

For more information on what you can do, and events nearby, consult the website here.

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Dispute Settlement in the South China Sea: Beijing, Manila, The Hague

The Centre for East Asian Studies Groningen (CAESG), University of Groningen, in cooperation with SIB-Groningen, and the study association Vintres, will hold a guest lecture by Mr. Gou Haibo (Consular and Legal Officer in the Embassy of the People’s Republic of China to the Kingdom of the Netherlands) entitled, Dispute Settlement in the South China Sea: Beijing, Manila, The Hague. The lecture will be held on the 13 June, 20:00-21:30 in the Academy Building (Groningen, The Netherlands).

For more information, see here.

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Call for Papers: International Tribunals and the Interpretation of the United Nations Convention on the Law of the Sea, 3-4 November 2016

The Association Internationale du Droit de la Mer has issued a call for papers for its forthcoming conference, entitled, International Tribunals and the Interpretation of the United Nations Convention on the Law of the Sea, to be held 3-4 November 2016, University of Sannio, Benevento (Italy). The deadline for the submission of abstracts is 17 July 2016.

For more information please see the call for papers (in French & English).

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Call for Papers: Conservation of Marine Living Resources in the Polar Regions – Science, Politics and Law

The Collaborative Innovation Centre for Territorial Sovereignty and Maritime Rights (CICTSMR), the Research Institute of Environmental Law (RIEL), Wuhan University, China and the School of Law, University of New England, Australia, have issued a call for papers/abstracts for a forthcoming conference entitled, Conservation of Marine Living Resources in the Polar Regions: Science, Politics and Law. The conference will be held 25-26 March 2017, Wuhan University, China, and the abstract deadlines is 15 September 2016.

For more information on the conference, confirmed speakers and abstract submission details see here.

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Oil and gas development in the Arctic – International law and Russian policy

The Univeristy of Hasselt will host a guest lecture by Prof. dr. Alexander Vylegzhanin (Head of International Law Department, Moscow State Institute of International Relations), entitled Oil and gas development in the Arctic – International law and Russian policy. The event will be on 26 May 2016, at 4:00pm, in the Oude Gevangenis, Universiteit Hasselt. The event will be in English.

For more information see this flyer, and for registration (in dutch) see here.

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PSMA: Entry into Force 5 June 2016

The 2009 FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA), has reached the required threshold of formal deposits of adherence and will therefore enter into force on 5 June 2016. According to the FAO press release, the following states and regional economic integration organization are parties to the PSMA: Australia, Barbados, Chile, Costa Rica, Cuba, Dominica, European Union – Member Organization, Gabon, Guinea Bissau, Guyana, Iceland, Mauritius, Mozambique, Myanmar, New Zealand, Norway, Oman, Palau, Republic of Korea, Saint Kitts and Nevis, Seychelles, Somalia, South Africa, Sri Lanka, Sudan, Thailand, Tonga, United States of America, Uruguay, and Vanuatu.

For more information, see the FAO press release here.

Unconfirmed reports also suggest Gambia has ratified the PSMA within its internal National Assembly, however, according to the FAO website, it has not yet formally deposited an instrument of adherence.

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Guest Lecture: EU and NATO efforts to combat smuggling of migrants in the Mediterranean and the international law of the sea

UCILS, of Utrecht University, will host a guest lecture by Dr Efthymios Papastavridis, entitled, EU and NATO efforts to combat smuggling of migrants in the Mediterranean and the international law of the sea. The lecture will take place 15.00-17.00, 19 May 2016, in the Toonpeterszaal, Achter Sint Pieter 200, Utrecht, The Netherlands.

For more information, see here.

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Symposium: Lex Petrolea-Reality or Myth?

The Institute of International Shipping and Trade Law (Swansea University), in cooperation with the Center for Energy, Law, and Business of University of Texas Law School, will hold a symposium entitled, Lex Petrolea – Reality or Myth?, on the 21 June 2016 at Etc. Venues, London, United Kingdom.

For more information see here, this flyer and registration.

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UNCLOS: Timor-Leste and Australia Maritime Boundary Dispute

Timor-Leste initiated compulsory conciliation with Australia on the 14th April 2016, under the provisions of UNCLOS, in order “to facilitate the conclusion of an agreement with Australia on permanent maritime boundaries”. On the 2nd May 2016 the government of Australia has informed Timor-Leste of its two appointments to the Conciliation Commission. They shall now work with the two Timor-Leste appointed conciliators in order to appoint a fifth member, before the Commission begins its work.

For more information see the official press releases here, and here.

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Panel Debate: China and International Adjudication

The Leuven Centre for Global Governance Studies shall host a panel debate entitled, China and International Adjudication, on Tuesday 12 April 2016, from 9:00-11:00 at the College De Valk, Leuven. This shall include a discussion on the South China Sea dispute, and China’s ‘non-participatory involvement’.

For more information, and registration, see here.

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Expert Panel Discussion: From “Mare Liberum” to “Mare Justum”?

The Hague Institute for Global Justice, in collaboration with the Ministry of Foreign Affairs of the Netherlands, and the Observer Research Foundation (New Delhi), and with support from Leiden University College The Hague, will host a public expert panel discussion entitled, ‘From “Mare Liberum”  to “Mare Justum”?’. The event will be held on 31 March 2016, 16:00 – 17:30, at The Hague Institute for Global Justice, Den Haag (The Netherlands).

For more information, and it register, see here.

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Barbados and South Africa Accede to the Port State Measures Agreement

During the month of February, Barbados (2 February 2016) and South Africa (16 February 2016) acceded to the FAO Port State Measures Agreement (PSMA). The PSMA will enter into force 30 days after the 25th ratification, acceptance, approval or accession.

The current status of the PSMA can be found here.

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UNSC: Resolution 2270 Non-proliferation/Democratic People’s Republic of Korea

On the 2 March 2016 the UN Security Council adopted Resolution 2270,  Non-proliferation/Democratic People’s Republic of Korea. This contains a number of port state and flag state obligations, of particular note see paragraphs 18, 22, and, 19, 20, 29-31, respectively. Media reports suggest China has already barred a North Korean vessel’s entry to the port of Rizhao.

The UNSC Resolution can be found here.

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Conference: Maritime Safety and Security, Future Perspectives

The final conference of Marsafenet, Maritime Safety and Security: Future Perspectives, will be held from the 10 – 11 March 2016 at the National Research Council of Italy, Rome.

For more information and registration, please see the flyer.

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Conference: International Law and State Practice, Is there a North-South Divide?

The 77th Biennial Conference of the International Law Association, International Law and State Practice, Is there a North-South Divide?, will be hosted by the South African Branch of the International Law Association between 7-11 August 2016 at the Sandton Convention Centre, Johannesburg, South Africa. The provisional programme includes a number of talks of interest to the law of the sea.

For further information please see here.

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Republic of Korea accession to Port State Measures Agreement

On the 14th January 2016 the Republic of Korea became the 19th party to the FAO Port State Measures Agreement (PSMA). The PSMA will enter into force 30 days after the 25th  ratification, acceptance, approval or accession.

The current status of the PSMA can be found here.

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Rhodes Academy 2016

The twenty-first session of the Rhodes Academy of Oceans Law and Policy will be held 3 -22 July, 2016. The deadline to submit applications is 1 April 2016.  The contribution of the Rhodes Academy to capacity building in the law of the sea was recently recognized by the UN General Assembly in Res. A/70/L.22, para. 20.

For more information, fees and application documents please see here.

Furthermore see the Rhodes Academy Submarine Cables Writing Award sponsored by The International Cable Protection Committee, which also has a deadline of the 1 April 2016.

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Conference: Representations of the (Extra)Territorial

Utrecht University in collaboration with the Exterritory art project has announced an interdisciplinary 2 day conference entitled, Representations of the (Extra)Territorial: Theoretical and Visual Perspectives, to be held from 22-23 April 2016 at Utrecht University. The conference will consist of four panels, addressing respectively virtual reality, the environment, human rights, and general conceptual shifts in understandings of territoriality. Of particular interest to oceans governance see panel II.

For more information on the conference see the programme here. For more information on the Exterritory art project, see here.

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Summer School: Open Sea on Migration, Sea Border Control and Human Rights

The Jean Monnet Centre of Excellence on Migrants’ Rights in the Mediterranean has launched the summer school Migration, Sea Border Control and Human Rights. It shall be held at the University of Naples “L’Orientale” and at the “Vesuvian Institute” campus in Castellammare di Stabia (Naples, Italy), from 6 – 13 June 2016.

For more information please see the programme and application form.

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FAO: Palau Ratifies Port State Measures Agreement

On the 1st December 2015 Palau ratified the FAO Port State Measures Agreement (PSMA) to become the 15th party following the accession of Somalia on the 9th November 2015.

For further coverage see here and here.The current status of the PSMA can be found here.

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Our Ocean 2015: Initiatives

The second Our Ocean conference was held in Valparaiso, Chile from 5-6 October. Participants announced over 80 new initiatives, covering the protection of ocean areas, promoting sustainable fisheries, reducing marine pollution, preventing and monitoring ocean acidification, building capacity, supporting coastal communities, and mapping and understanding our ocean.

For more information see the conference website, and the commitments 2015.

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Conference: How International Law Works in Times of Crisis

The 12th European Society of International Law Conference, How International Law Works in Times of Crisis, will be held in Riga, 8 – 10 September 2016. Whilst a host of interesting forums and agora will be held, those with a particular interest in the law of the sea should consult the agora, Law of the Sea: As ever, between Selden and Grotius.

For more information and, see the website,  draft programme and call for papers.

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Seminar: A Growing Competition Among International Courts and Tribunals

The Law and Practice of International Courts and Tribunals (Brill/Nijhoff) will host a seminar entitled ‘Developing International Law at the Bar – A Growing Competition Among International Courts and Tribunals‘ on the 5th November 2015, from 3:00-5:30pm at The House of the New York City Bar Association, New York (USA). The thematic approaches discussed will include the law of the sea. Attendance is free, register online.

For more information, see here.

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PCA: Philippines v. China (Award on Jurisdiction and Admissibility)

The Permanent Court of Arbitration has rendered an Award on Jurisdiction and Admissibility in case number 2013-19; The Republic of Philippines v. The People’s Republic of China. In short, by unanimous decision the Tribunal has decided the Tribunal has jurisdiction to consider the Philippines’ Submissions No. 3, 4, 6, 7, 10, 11, and 13 (subject to conditions discussed in in paragraphs 400, 401, 403, 404, 407, 408, 410); reserved consideration of its jurisdiction to rule on Submissions No. 1, 2, 5, 8, 9, 12, and 14 to the merits phase; and directed the Philippines to clarify the content and narrow the scope of its Submission 15 (reserving consideration of its jurisdiction to the merits phase).

For further information, please see the Award here, and the Press Release here.

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Japan: Modified declaration accepting the ICJ’s compulsory jurisdiction

On the 6th October 2015, Japan submitted a revised Declarations Recognizing as Compulsory the Jurisdiction of the International Court of Justice Under Article 36, Paragraph 2, of the Statute of the Court. Note the acceptance of compulsory jurisdiction does not apply to:

“(3) any dispute arising out of, concerning, or relating to research on, or conservation, management or exploitation of, living resources of the sea”

For further information, see here.

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Conference: Global Problems, Legal Solutions

The 2015 International Law Weekend, entitled Global Problems, Legal Solutions: Challenges for Contemporary International Lawyers, will be held at the Association of the Bar of the City of New York at 42 West 44th Street (November 5th), and at the Fordham Law School, Lincoln Center (November 6-7, 2015). A number of panels are focused on the law of the sea, ‘Towards a New Implementing Agreement Under UNCLOS on Marine Biodiversity in Areas Beyond National Jurisdiction’; ‘Arctic Ocean Stewardship’ and ‘Rising Seas, Baselines Issues: The Work of the International Law Association Baselines and Sea Level Rise Committee’.

Please consult the draft program. More information and registration can be found here.

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Seminar: Arctic Shipping and Safety – Legal Challenges and Opportunities, 6-7 October 2015

A seminar entitled Arctic Shipping and Safety – Legal Challenges and Opportunities, will be held by the Royal Danish Naval Academy in Copenhagen (Denmark) from 6 – 7 October 2015. Note attendance fees are applicable; students (DKK 150) professionals (DKK 350). For more information see here.

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New Zealand: Kermadec ocean sanctuary announced

The Prime Minister of New Zealand (John Key) has announced at the UN General Assembly the creation of a ‘Kermadec ocean sanctuary’ which will extend out to 200nm in the region. Domestic legislation is to be passed next year, according to the New Zealand government, and the sanctuary ‘will create a no-take, fully-protected zone preventing all fishing and mining in the area’.

More information available here, and an governmental overview here.

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Conference(s): Danish Maritime Days

Danish Maritime Days is an annual event within Denmark, which this year will be held from the 5-6 October with a number of events of interest for those concerned with maritime regulation. The focus for events is the Copenhagen region and an overview can be found here.

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PCA: Arctic Sunrise Arbitration (Netherlands v. Russia) Award on the Merits

The Permanent Court of Arbitration has delivered a unanimous Award dated 14 August 2015, in which it affirmed jurisdiction and found Russia had breached its obligations owed to the Netherlands as the flag State under Articles 56(2), 58(1), 58(2), 87(1)(a), and 92(1) of UNCLOS. Furthermore, in failing to comply with previous provisional measures proscribed by ITLOS, Russia breached its obligations to the Netherlands under Articles 290(6) and 296(1). Finally a failure to pay the deposits requested by the Tribunal in these proceedings, was a breach of Russia’s obligations under Part XV and Article 300.

An overview of the case can be found here. For a summary of the award see here, and the full award here.

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CLCS Submission: Partially revised submission by the Russian Federation

The Russian Federation has submitted its revised information on the outer limits of its continental shelf beyond 200nm, in respect of the Arctic Ocean (2nd August, 2015). The submission was made in accordance with UNCLOS, art. 76(8) and is in respect to an area previously covered in the first Submission of the Russian Federation (December 2001), considered at the 11th session of the Commission from 24 to 28 June 2002.

See the submission page and Notification. For more information, see the Russian Federation Executive Summary.

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European Commission: international ocean governance public consultation

The European Commission is holding an ongoing public consultation (4th June – 15th September 2015), aimed at gathering stakeholder input into ‘how the EU could contribute to achieving better international governance of oceans and seas to the benefit of sustainable blue growth‘. The results will be combined with other sources to ‘develop a more coherent, comprehensive and effective EU policy on improving the international ocean governance framework’.

For an overview see the brochure. For further information and to participate see here.

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High-level Workshop: CFP: The External Dimension as a Driver for Change, Sustainable Fisheries & Regional Cooperation

The Long-Distance Advisory Council (LDAC) shall host a high-level workshop entitled ‘CFP: The External Dimension as a Driver for Change: Sustainable Fisheries & Regional Cooperation‘ in Las Palmas de Gran Canaria, Spain, from 16-17th September 2015.

For more information see their website here, and registration here.

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Symposium: International Legal Aspects of Countering Piracy

Celebrating the 50 year anniversary of the T.M.C. Asser Instituut, and the establishment in 2015 of the Antonio Cassese Initiative Foundation in the Netherlands, the Asser Instituut (The Hague) shall host; Asser 50 years – Public International Law Symposium “International Legal Aspects of Countering Piracy”. The event will taker place on the 15 October, 2015, from 09.00 – 17.15 hrs (followed by a reception).

More information can be found here, along with registration here.

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UN: Zero Draft of Post 2015 Development Agenda Released

The Zero draft of the outcome document for the UN Summit to adopt the Post-2015 Development Agenda, has been released ahead of the United Nations Summit to adopt the post-2015 development agenda which will be held 25-27th September 2015, New York. Of note for those interested in the law of the sea is the proposed sustainable development goal 14.

The document may be found here.

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Conference: Chagos Litigation: A Socio-Legal Dialogue

The University of Greenwich will host The Chagos Litigation: A Socio-Legal Dialogue Conference, on the 29th June 2015. The schedule and reservation information can be found here. Places are allocated on a first-come-first-served basis.

Those interested in attending, may also wish to attend the Centre for Law and Society in a Global Context New Book Series: The Chagos Islanders and International Law. The book discussion will be hosted by Queen Mary University (London), on the 27th May 2015. More information here.

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Lecture: Oil and Gas in the Marine Arctic, The Rights and Responsibilities of States and Peoples

The T.M.C. Asser Instituut will host a lecture entitled, Oil and Gas in the Marine Arctic: the Rights and Responsibilities of States and Peoples, by Prof. Rachael Lorna Johnstone, University of Akureyri, Iceland on the 26 May, 2015 at 15:00-17:00.

More information, and registration details may be found on the website here, and flyer here.

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Training School: Law of the Sea and Development

The University of A Coruña will host a training school entitled, Law of the Sea and Development, from 1-3rd July 2015, at the NAUTIC AULA of the University of A Coruña, Spain. The application deadline is the 12th June and a number of scholarships are available under the MARSAFENET COST Action.

For more information, including fees and application procedure see here.

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Lecture Tour: The South China Sea, Perspectives from Law and History

Netherlands: The International Institute of Social Studies and the Embassy of the Republic of the Philippines shall host Justice Antonio T. Carpio (Senior Associate Justice, Supreme Court of the Philippines) delivering a lecture entitled, The South China Sea: Perspectives from Law and History. The event will take place on the 13th May, 16:00-18:00 at the International Institute of Social Studies in The Hague. More information and registration here.

France: The Institut français des relations internationales, Paris, shall hold a similar debate on the 18th May, 18:00-19:30 at IFRI, Paris. More information and registration here.

Belgium: The Egmont Royal Institute for International Relations shall hold a similar conference on the 20th May, 10:00-13:00 at the Press Club Brussels Europe, Brussels. More informationa and registration here.

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IMO: Nairobi International Convention on the Removal of Wrecks enters into force

The Nairobi International Convention on the Removal of Wrecks, adopted on the 18th May 2007, entered into force on Tuesday 14th April 2015. According to the IMO the 20 current State parties represent 32.9% of the world’s tonnage.

The convention can be found here, along with a summary by the IMO here.

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ITLOS: Ghana/Côte d’Ivoire provisional measures prescribed

The Special Chamber of the International Tribunal for the Law of the Sea has unanimously prescribed provisional measures under article 290(1) of UNCLOS in the case, Dispute Concerning Delimitation of the Maritime Boundary between Ghana and Côte d’Ivoire in the Atlantic Ocean (Ghana/Côte d’Ivoire).

The Order of the 25 April can be found here, along with the Separate Opinion of Judge ad hoc Mensah here. For a summary, refer to the Press Release here.

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ITLOS: Case No. 21 Advisory Opinion in response to request from the Sub-Regional Fisheries Commission (SRFC)

The International Tribunal for the Law of the Sea (ITLOS) has on the 2nd April 2015 given its advisory opinion in Case No. 21, Request for an advisory opinion submitted by the Sub-Regional Fisheries Commission (SRFC). The questions referred to the Tribunal were “1. What are the obligations of the flag State in cases where illegal, unreported and unregulated (IUU) fishing activities are conducted within the Exclusive Economic Zones of third party States? 2. To what extent shall the flag State be held liable for IUU fishing activities conducted by vessels sailing under its flag? 3. Where a fishing license is issued to a vessel within the framework of an international agreement with the flag State or with an international agency, shall the State or international agency be held liable for the violation of the fisheries legislation of the coastal State by the vessel in question? 4. What are the rights and obligations of the coastal State in ensuring the sustainable management of shared stocks and stocks of common interest, especially the small pelagic species and tuna?”.

The advisory opinion can be found here, along with a summary press release.

Availing themselves of the right conferred under article 125(2), of the Rules of the Tribunal, two declarations were appended: Declaration of Judge Wolfrum and Declaration of Judge Cot.
Exercising the right conferred by article 30(3), of the Statute of the Tribunal, three separate opinions were given: Separate opinion of Judge NdiayeSeparate opinion of Judge Lucky, and Separate opinion of Judge Paik.

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