The Bangladesh Centre for Ocean Law and Policy (BCOLP) has issued a call for blog posts as part of its inaugural International Law of the Sea Blog Competition, 2023 being in memory of Professor M. Habibur Rahman (1946–2022). The theme is Emerging Challenges, Modern Technologies, and Ocean Governance in the Bay of Bengal, with submissions welcome until 15 December 2023.
Filed under Calls, Competitions
The Grotius Centre for International Legal Studies (Leiden University) will host the 47th Edition of the Telders International Law Moot Court Competition, 30 May – 1 June 2024, in the Hague (Netherlands). This year’s Case Concerning the Island of Hemret, involves issues of provisional measures, the jurisdiction of international courts and tribunals, incidental proceedings, the authority of advisory opinions, the law of armed conflict, the law of treaties, the law of the sea, and the law of State responsibility. This competition is open to all European universities, including “students who are enrolled in a programme of law at the participating universities and do not already have a master’s degree in law”. The deadline for team registration is 1 December 2023. More information is available here.
Filed under Competitions, Events
South Korea’s Ministry of Foreign Affairs, together with the Korean Society of International Law and the International Tribunal for the Law of the Sea (ITLOS), will host its Eight International Conference on the Law of the Sea, entitled, BBNJ Agreement, from Definition to Regulation, 20-21 November 2023, in a hybrid format (Seoul/Online).
For more information and registration see here.
Filed under Events
The University of Kent will host a workshop, entitled, Genocide and the Ocean: Conceptualising their Relationship, 20 March 2024 at the University of Kent (Canterbury, UK). Abstracts are welcome until 15 December 2023. For more information see the call for abstracts.
On 9 November 2023 the Government of Tuvalu and the Government of Australia signed the Australia-Tuvalu Falepili Union Treaty addressing migration and security issues in the context of their bilateral relations. The Australia-Tuvalu Falepili Union Treaty recognises that climate change is Tuvalu’s greatest national security concern (preamble) and follows a Tuvalu-led examination of partnership options to protect and promote its interests and ensure its continued sovereignty, including a formal request to Australia to consider elevating the Australia-Tuvalu bilateral partnership. In respect of the law of the sea, interesting provisions include:
Article 2: Climate cooperation
Australia-Tuvalu Falepili Union Treaty
…
(2) The Parties recognise:
(a) the desire of Tuvalu’s people to continue to live in their territory where possible and Tuvalu’s deep, ancestral connections to land and sea;
(b) the statehood and sovereignty of Tuvalu will continue, and the rights and duties inherent thereto will be maintained, notwithstanding the impact of climate change-related sea-level rise;
(c) that more recent technological developments provide additional adaptation opportunities.
…
Article 3: Human mobility with dignity
(1) Australia shall arrange for a special human mobility pathway for citizens of Tuvalu to access Australia which shall enable citizens of Tuvalu to:
(a) live, study and work in Australia;
(b) access Australian education, health, and key income and family support on arrival.
…
Article 4: Cooperation for security and stability
(1) Australia shall, in accordance with its international law obligations, international commitments, domestic processes and capacity, and following a request from Tuvalu, provide assistance to Tuvalu in response to:
(a) a major natural disaster;
(b) a public health emergency of international concern;
(c) military aggression against Tuvalu.
…
(4) Tuvalu shall mutually agree with Australia any partnership, arrangement or engagement with any other State or entity on security and defence-related matters. Such matters include but are not limited to defence, policing, border protection, cyber security and critical infrastructure, including ports, telecommunications and energy infrastructure.
The Joint Statement on the Falepili Union between Tuvalu and Australia also recognises the commitment of both states to “extend [their] partnership through expansion of the Tuvalu Coastal Adaptation Project to reclaim land in Funafuti. This project will expand Funafuti’s land by around six per cent”.
Filed under State Practice
On 19 October 2023 Canada and the Kingdom of Denmark with regard to Greenland signed a Letter of Intent on Cooperation For The Pikialasorsuaq Between The Department of Fisheries and Oceans of Canada and The Ministry of Agriculture, Self-sufficiency, Energy and Environment of The Government of Greenland. While not legally binding the objectives of the Letter of Intent –taking into account existing bilateral arrangements between the Participants and other relevant international obligations for the Participants of importance for the management of the area– are:
The Participants will:
Letter of Intent, Para 1
(a) establish a joint Pikialasorsuaq steering committee to develop instruments and common foundations for management of the area;
(b) share relevant existing scientific information, Inuit Qaujimajatuqangit in Canada, as well as hunter and user knowledge in Greenland from relevant government-based institutions and other sources, and cooperate and coordinate on research and monitoring of key ecosystem parameters relevant to the area;
(c) share information from consultations with local representatives of relevance to the area; and
(d) refer questions that fall wholly or partially outside of their areas of competence or outside the terms of this Letter of Intent for separate discussion with relevant authorities.
The Qikiqtani Inuit Association witnessed signature and the Inuit Circumpolar Council (ICC) welcomed the Letter of Intent. For more information see the press releases of the Governments of Canada and Greenland.
Filed under Non-State Actors, State Practice
Ocean and Society is an open access interdisciplinary journal (note APC fee) focused on the societal interactions with marine and coastal environments. A number of calls for abstracts have been released concerning the first volume:
For more information on each call see here.
Filed under Calls
Utrecht University is currently advertising a PhD Candidate position (fixed-term, up to 4 years), concerning institutional interactions in marine areas beyond national jurisdiction. Applications are welcome until 31 October 2023. For more information see here.
Filed under Vacancies
On 18 December 2022 agents for Sea Search-Armada LLC submitted a Claimant’s Notice of Arbitration initiating arbitration against the Republic of Colombia pursuant to the United States-Colombia Trade Promotion Agreement and Arbitration Rules of the 2021 United Nations Commission on International Trade Law arguing expropriation of its ‘investment’ concerning the Galeón San José, a shipwreck discovered on the continental shelf of Colombia. On 22 July 2023 Colombia submitted its Respondent’s Submission pursuant to Article 10.20.5 of the Trade Promotion Agreement, rejecting Sea Search-Armada has any ownership rights, or any rights whatsoever, over the Galeón San José, as well as rejecting the jurisdiction of the Arbitral Tribunal over the claims submitted. The arbitration is the latest in numerous proceedings initiated before the domestic courts of Colombia, the USA and the Inter American Commission on Human Rights concerning the San José shipwreck. On 22 August 2023 The Arbitral Tribunal in respect of Sea Search-Armada, LLC (USA) v. The Republic of Colombia issued Procedural Order No. 1 concerning rules of procedure.
Filed under Jurisprudence, Non-State Actors
As previously reported, the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement) opened for signature on the 20 September 2023 and shall remain open for signature at United Nations Headquarters (New York, USA) until 20 September 2025 (BBNJ Agreement, Article 65).
67 States and 1 Regional Economic Integration Organization have signed the BBNJ Agreement on the first day, 20 September 2023, including:
States: Antigua and Barbuda; Australia; Austria; Bangladesh; Belgium; Bolivia (Plurinational State of); Bulgaria; Cabo Verde; Chile; China; Colombia; Congo; Costa Rica; Croatia; Cuba; Cyprus; Denmark; Dominican Republic; Estonia; Fiji; Finland; France; Gabon; Germany; Ghana; Honduras; Iceland; Indonesia; Ireland; Lao People’s Democratic Republic; Latvia; Lithuania; Luxembourg; Malawi; Malta; Marshall Islands; Mauritius; Mexico; Micronesia (Federated States of); Monaco; Nepal; Netherlands (Kingdom of the); New Zealand; Norway; Palau; Panama; Philippines; Portugal; Romania; Samoa; Seychelles; Sierra Leone; Singapore; Slovakia; Slovenia; Solomon Islands; Spain; St. Lucia; St. Vincent and the Grenadines; State of Palestine; Sweden; Timor-Leste; Tuvalu; United Kingdom of Great Britain and Northern Ireland; United Republic of Tanzania; United States of America; and Viet Nam.
Regional Economic Integration Organizations: European Union.
The United Kingdom of Great Britain and Northern Ireland attached declarations to its signature (will be available here). For more information see here and here.
Filed under State Practice, Treaties
On 4 September 2023, following the mandate provided by the second session of the Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment (INC-2) (29 May – 2 June 2023), the INC Chair published a Zero draft text of the international legally binding instrument on plastic pollution, including in the marine environment (UNEP/PP/INC.3/4). The zero draft has been published ahead of the third session (INC-3) (13-19 November 2023). For more information see the UNEP website.
Filed under International Organizations, State Practice
The Norwegian Centre for the Law of the Sea (NCLOS), Arctic University of Norway (Tromsø, Norway), is currently seeking applicants for the position of Postdoctoral Research Fellow (fixed term, 2 years) with the Aurora research program. Applications are welcome until 18 October 2023.
Filed under Vacancies
The Grotius Centre for International Legal Studies (Universiteit Leiden) welcomes abstracts for a workshop, entitled, Common Interests and Common Spaces: Institutional Approaches to Dispute Settlement, to be held 13 December 2023 in the Hague (Netherlands). Abstracts are welcome until 28 September 2023. For more information see here.
The Faculty of Shariah and Law (Villa College, Maldives) will host a symposium, entitled, International Law and Maldives: Navigating Geopolitics, Trade and Sovereignty, 20-21 December 2023 in Malé, Maldives. Abstracts are welcome until 30 September 2023 and a number of law of the sea topics are non-exhaustively detailed in the call for papers.
The 22nd Melanesian Spearhead Group (MSG) Leaders Summit was held 23-24 August 2023 in Port Vila, Vanuatu. The Efate Declaration, among others, desires “to focus the security conversation on Climate Change and the security of the environment, identified as our existential threat under the Boa Declaration and the MSG Security Strategy”. The Udaune Declaration also seeks to refocus the security narrative in the region on Climate Change and the position of SIDS, raising a number of maritime governance issues, including agreement to:
“PURSUE the International Court of Justice (ICJ) Advisory Opinion on Responsibility of States vis-â-vis Climate Change to its conclusion;
Udaune Declaration, 24 August 2023
UNDERTAKE to make national submissions to the ICJ on the nefarious impact and effect of climate change;
URGE Japan not to discharge the treated water into the Pacific Ocean until and unless the treated water is incontrovertibly proven scientifically to be safe to do so and seriously consider other options like use in concrete;
REGRETS DEEPLY the decision by Japan to dump ALPS in the Pacific Ocean, which has inter-generational and transboundary impact on our ocean, economy, livelihood, and future and on lie basis of improved science and technology urged Japan to consider other options for disposal of ALPS;
UNDERTAKE not to allow Underwater Seabed Mining to be carried out in their jurisdictions;
CALL for more rigorous and transparent environmental scientific research on seabed mining and call for a Pacific region wide moratorium”
For more information see the MSG Secretariat.
Filed under State Practice
The Australian National Centre for Ocean Resources and Security (ANCORS) is currently seeking a PhD Candidate in International Law of the Sea for a project on Regulating Ocean Noise Pollution, starting February 2024. To be eligible, the candidate must be an Australian or New Zealand citizen or an Australian Permanent Resident. Domestic students, especially Aboriginal and Torres Strait Islander peoples, are encouraged to apply. Applications are welcome until 17 September 2023. For more information see here.
Filed under Vacancies
As previously reported, Japan was considering the discharge of Advanced Liquid Processing System (ALPS) treated water into the sea at the Fukushima Daiichi Nuclear Power Station. After an IAEA Review of Safety Related Aspects (4 July 2023) found the proposed approach and activities as consistent with relevant international safety standards, on 22 August 2023 the sixth meeting of the Inter-Ministerial Council concerning the Continuous Implementation of the Basic Policy on Handling of ALPS Treated Water (Japan) decided:
(9）Based on the above, the Government of Japan has decided to initiate the discharge into the sea as indicated in the basic policy, and to request TEPCO to promptly proceed with the preparation work for the start of the discharge into the sea in accordance with Implementation Plan for Fukushima Daiichi Nuclear Power Station Specified Nuclear Facility (implementation plan) approved by the NRA.
Actions and future measures regarding “Basic Policy on handling of ALPS treated water at the Tokyo Electric Power Company Holdings’ Fukushima Daiichi Nuclear Power Station” (22 August 2023)
(10）If there is no interference due to weather or sea conditions, the discharge into the sea is expected to start on 24 August [2023].
On 24 August 2023 IAEA experts confirmed that Tokyo Electric Power Company Holdings (TEPCO) started discharging ALPS treated water stored at the Fukushima Daiichi Nuclear Power Station into the sea (IAEA Press Release; TEPCO Press Release (2)). The IAEA will remain present on site throughout the release of treated water and shall provide access to live data from Japan on the release. Furthermore, on 22 August 2023 Japan held its 123rd briefing session, with the significant interest of the international community evident in the number and diversity of (32) participating diplomatic missions, while the IAEA and Republic of Korea (ROK) agreed to establish the IAEA-ROK Fukushima Information Mechanism (IKFIM), which “will provide up-to-date information to ROK and facilitate visits by the country’s experts to the Agency’s office at the site. It also includes an arrangement for notifications in case of abnormal events”.
As recognised in the remarks of the Pacific Islands Forum Secretary General on 24 August 2023, “there continues to be divergent views and responses in the international community and within the Forum Membership on this issue, and I recognise the sovereignty and prerogative of Forum Members to determine their own national positions”. For example, on 13 July 2023, the EU announced it would lift Fukushima restrictions on food imports, adopted in 2011, but highlighting the importance of monitoring of domestic production for radioactivity, including due publicity, “in particular fish, fishery products and seaweed close to the release site of the ALPS treated water” (lifted 3 August 2023, alongside Norway and Iceland). On 15 August 2023 Switzerland and Liechtenstein lifted restrictions. Meanwhile, on 24 August 2023 South Korea noted it will continue to impose import restrictions on seafood and farm products from Japanese prefectures near the power plant and called for transparency throughout the expected 30 years of ALPS treated water discharges. On 24 August 2023, a statement by China continued to voice its strong opposition to the discharge into the sea as violating international law and suspended the import of all aquatic products originating from Japan (General Administration of Customs Announcement No. 103 of 2023).
Filed under International Organizations, State Practice
The Law Group of Wageningen University will host the fourth edition of the annual conference, themed, Living Environmental Law, 27-28 March 2024 at Wageningen University and Research (Netherlands). Paper abstracts are welcome until 15 September 2023. For more information see the call for papers.
The Australian National Centre for Ocean Resources and Security (ANCORS) Ocean Nexus Program at the University of Wollongong is currently seeking a fixed term (2 years) full-time Research Fellow (post-doc researcher) “to undertake research into equity and transboundary fisheries governance, focusing on tuna fisheries in the Indo-Pacific region”. Applicants from Indo-Pacific small island developing States are particularly encouraged to apply, as are those with experience in international negotiations, government, industry and sustainable development. Applications are welcome until 3 September 2023. For more information see here.
Filed under Vacancies
As previously reported, a deteriorating floating storage and offloading unit, FSO Safer, moored off the coast of Yemen, with an estimated 1.14 million barrels of light crude oil onboard represented a major environmental and humanitarian threat should an oil spill occur. Preparatory works aboard the FSO Safer for the transfer of the oil to another vessel began 30 May 2023 (via the FSO Ndeavor). The ship-to-ship oil transfer to the MOST Yemen (formerly Nautica) was conducted 25 July 2023 – 11 August 2023, resulting in the removal of 1.1 million barrels from the FSO Safer. Remaining efforts include the need to remove and scrap the FSO Safer, as well as “the delivery of a specialized buoy to which the replacement vessel will be safely and securely tethered” (UNSG Statement). For more information see there press releases by the UN, UNSG, Boskalis and video.
Filed under International Organizations
The British Institute of International and Comparative Law will host the next edition of their short course, entitled, Law of the Sea, 30 November – 1 December 2023, in a hybrid format (London/Online). 3 scholarships are available at BIICL. For more information see here.
Filed under Courses
On 27 June 2023 the European Court of Human Rights (Chamber) delivered its Judgment in Bryan and Others v. Russia (Application no. 22515/14), which concerned the 2013 attempted protest action by Greenpeace & others at the Prirazlomnaya offshore oil drilling platform, located in the Pechora Sea within the exclusive economic zone (“EEZ”) of the Russian Federation, including their subsequent arrest and detention. The applicants complaint concerned a breach of Article 5 (right to liberty and security) and Article 10 (freedom of expression) of the European Convention on Human Rights (ECHR). The situation had also given rise to separate arbitration between the Netherlands and Russia under Annex VII to the United Nations Convention on the Law of the Sea, as well as a settlement agreement (see previous reporting and The Arctic Sunrise Arbitration (Netherlands v. Russia)).
In Bryan and Others v. Russia, observations were submitted by the applicants and Russia. Comments were also submitted by the Netherlands, Sweden and Ukraine, whose nationals were involved, as well as two NGOs given leave to intervene, Media Legal Defence Initiative (MLDI) and ARTICLE 19. The nationals of Denmark, Finland, France, Italy, Poland, Switzerland, Türkiye and the United Kingdom were involved, but these governments chose to not submit any comments.
The Judgment in Bryan and Others v. Russia found:
“1. Holds, unanimously, that the applicants were within the jurisdiction of Russia for the purposes of Article 1 of the Convention;
Bryan and Others v. Russia, Judgment, para 105.
2. Holds, unanimously, that the applicants remain victims of the alleged violations within the meaning of Article 34 of the Convention and that it has jurisdiction, under Article 35 §§ 2 (b) and 3 (a) of the Convention, to deal with the applicants’ complaints;
3. Holds, unanimously, that it has jurisdiction to deal with the applicants’ complaints in so far as they relate to facts that took place before 16 September 2022;
4. Declares, unanimously, the application admissible;
5. Holds, unanimously, that there has been a violation of Article 5 § 1 of the Convention;
6. Holds, unanimously, that there has been a violation of Article 10 of the Convention;
7. Holds, by five votes to two, that the finding of a violation constitutes in itself sufficient just satisfaction for any non-pecuniary damage sustained by the applicants.
A Partly Dissenting Opinion of Judge Serghides is in favour of all the operative elements of the Judgment, but dissents on an element of the reasoning provided for not granting the applicants any monetary amount in respect of non-pecuniary damage.
Filed under Jurisprudence
The Korea Maritime Institute is hosting the 10th Yeosu Academy of the Law of the Sea, 24 October – 3 November 2023, in Yeosu (Republic of Korea). Applications are welcome until 20 August 2023. Applicants should be from countries on the DAC List of ODA Recipients by OECD, and applicants should be those “who are interested in the oceans or are engaged in maritime related work”. For more information see here.
As previously reported, 16 June 2023 was fixed as the time limit within which to present written statements in respect of the Request for an Advisory Opinion submitted by the Commission of Small Island States on Climate Change and International Law (Request for Advisory Opinion submitted to the Tribunal). On the 26 June 2023 ITLOS published the written submissions received to-date, including the submissions of 32 States Parties to UNCLOS (Democratic Republic of the Congo, Poland, New Zealand, Japan, Norway, Germany, Italy, China, European Union, Mozambique, Australia, Mauritius, Indonesia, Latvia, Singapore, Republic of Korea, Egypt, Brazil, France, Chile, Bangladesh, Nauru, Belize, Portugal, Canada, Guatemala, United Kingdom, The Netherlands, Sierra Leone, Micronesia, Djibouti and Rwanda) and 9 invited Intergovernmental Organisations (United Nations, International Union for the Conservation of Nature, International Maritime Organisation, Commission of Small Island States on Climate Change and International Law, Pacific Community, United Nations Environment Programme, African Union, International Seabed Authority and the Food and Agricultural Organization of the United Nations). The written statements of Rwanda and the FAO were received after 16 June 2023, but the President of the Tribunal decided they shall be admitted and included in the case file. A similar situation occurred in the Seabed Dispute Chamber Advisory Opinion proceedings, whereby the late written submission of UNEP was admitted into the case file (Responsibilities and obligations of States with respect to activities in the Area, Advisory Opinion, para 16). An additional 10 statements to assist the Tribunal –falling outside the Rules of the Tribunal and case file but published online– were received (United Nations Special Rapporteurs on Human Rights & Climate Change, Toxics & Human Rights and Human Rights & the Environment; High Seas Alliance; ClientEarth; Opportunity Green; Center for International Environmental Law and Greenpeace International; Advisory Committee on Protection of the Sea; World Wide Fund for Nature; Our Children’s Trust and Oxfam International; Observatory for Marine and Coastal Governance; One Ocean Hub).
On the 30 June 2023, by Order of 30 June 2023, the President of the International Tribunal for the Law of the Sea made the following order:
Fixes 11 September 2023 as the date for the opening of the hearing at which oral statements may be made to the Tribunal by the States Parties to the Convention, the Commission of Small Island States on Climate Change and International Law and the other intergovernmental organizations listed in the annex to the Order of the President of the Tribunal of 16 December 2022, as well as the African Union, the International Seabed Authority and the Pacific Community;
Order of 30 June 2023, p. 3
Invites the States Parties to the Convention, the Commission of Small Island States on Climate Change and International Law and the other intergovernmental organizations listed in the annex to the Order of the President of the Tribunal of 16 December 2022, as well as the African Union, the International Seabed Authority and the Pacific Community, to indicate to the Registrar of the Tribunal, not later than 4 August 2023, their intention to make oral statements at the hearing; and
Reserves the subsequent procedure for further decision.
By fixing the date of oral proceedings, the President has closed the written stage of the Advisory Opinion proceedings (similar to the Seabed Dispute Chamber Advisory Opinion proceedings, but contrast the SRFC Advisory Opinion proceedings, where 2 rounds of written statements were permitted). See further ITLOS/Press 340 and ITLOS/Press 341.
On 1 July 2023 a Review Panel established under Article 17 and Annex II of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean (Review Panel) issued its Findings and Recommendations with regards to the objection by the Russian Federation to the Conservation and Management Measure for Trachurus murphyi (CMM 01-2023) adopted by the Commission of the South Pacific Regional Fisheries Management Organisation (SPRFMO) at its Eleventh Meeting (7-17 February 2023). On 10 April 2023 Russia objected to the determination of its share in the total allowable catch (“TAC”) of Trachurus murphyi in 2023 (Findings and Recommendations, para 4). On 20 April 2023 China also objected to the determination of its share in the TAC of Trachurus murphyi in 2023, but withdrew its objection to CMM 01-2023 shortly after issuance of Procedural Directive No. 1 by the Review Panel (Findings and Recommendations, paras 5, 16 and para 20 on allocation of expenses; unpublished Final Decision of the Review Panel as Comprised of Five Members (7 June 2023)). The South Pacific Regional Fisheries Management Organisation, Russia, Chinese Taipei, European Union, New Zealand, Chile and Peru participated in the written phase of proceedings, while the Hearing was attended (in-person/remotely) by Chile, Chinese Taipei, Russia, China, Denmark (in respect of the Faroe Islands), the Organisation and Peru, with oral interventions by Chile and Russia.
The Findings and Recommendations of the Review Panel:
Findings and Recommendations, paragraph 145
- In light of the foregoing, pursuant to Article 17(5)(e) of the Convention, the Review Panel:
a. Finds that the Decision to which objection has been presented unjustifiably discriminates in form or in fact against Russia;
b. Finds that the alternative measures for 2023 adopted by Russia are equivalent in effect to the Decision to which objection has been presented, subject to the following specific modification recommended by the Review Panel:
Russia will authorise vessels registered in Russia to fish for Trachurus murphyi in the Convention Area in 2023 only up to a catch limit fixed by Russia, which will not exceed 33,974 tonnes for all such vessels;
c. Finds that all provisions of CMM 01-2023 that are not covered by Russia’s Objection, including in particular the TACs in paragraphs 4 and 9, remain binding upon Russia; and
d. Finds, without prejudice to the foregoing, that the Decision to which objection has been presented by Russia is not inconsistent with the provisions of the Convention or other relevant international law as reflected in the 1982 Convention or the 1995 Agreement.
For more information see PCA Case No. 2023-33.
Filed under Jurisprudence
On 29 June 2023 the Shark Fins Act 2023 was passed into law in the UK (extends to England and Wales, Scotland and Northern Ireland), as “an act to prohibit the import and export of shark fins and to make provision relating to the removal of fins from sharks”. Subject to exceptions, Section 1 of the Shark Fins Act 2023 prohibits the import and export of [detached] shark fins, or things containing shark fins [including tinned shark fin soup], into or from the UK. For more information see the UK Government press release.
Filed under State Practice
As previously reported, by Order of 20 April 2023, the ICJ invited states entitled to appear before the ICJ and any international organisations likely to be able to furnish information to submit written statements in respect of Obligations of States in respect of climate change (Request for an Advisory Opinion). It was noted this Order was without prejudice to the possibility of the further addition of participants to the proceedings by authorisation of the ICJ. Pursuant to Article 66 of the ICJ Statute, on 14 June 2023 the ICJ decided that the International Union for Conservation of Nature (IUCN) is likely to be able to furnish information on the questions submitted to the Court by the General Assembly and therefore authorised the IUCN to participate in the proceedings (ICJ Press Release No. 2023/29). Pursuant to Article 66 of the ICJ Statute, on 22 June 2023 the ICJ decided that the Commission of Small Island States on Climate Change (COSIS) is likely to be able to furnish information on the questions submitted to the Court by the General Assembly and therefore authorised the COSIS to participate in the proceedings (ICJ Press Release No. 2023/32).
Filed under International Organizations, Jurisprudence
On 19 June 2023 the further resumed fifth session of the intergovernmental conference adopted by consensus without a vote the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (currently available as UN Doc A/CONF.232/2023/4). The Coordinator of the previously reported Open-Ended Informal Working Group on Technical Edits and Language Harmonization reported on their work. In general, statements made by representatives of States and regional economic integration organizations appear positive, with a number signalling their intent to sign the BBNJ Agreement on 20 September 2023, and ratify soon thereafter (e.g. Singapore and the Pacific Islands Forum Members). However, the Russian Federation representative “distanced himself from the consensus on the agreement’s text, adding: ‘This instrument is unacceptable. The matter of our participation in it cannot be considered'”. The Representative of Venezuela stressed that its joining of consensus should not be interpreted as a modification of its position on UNCLOS, to which it is not a party.
The next steps are found in Article 65 of the BBNJ Agreement, which now provides:
This Agreement shall be open for signature by all States and regional economic integration organizations from 20 September 2023 and shall remain open for signature at United Nations Headquarters in New York until 20 September 2025.
BBNJ Agreement, Article 65
Ratification, approval or acceptance by States and regional economic integration organizations is addressed in Article 66 of the BBNJ Agreement. Accession by States and regional economic integration organizations after 20 September 2025 is addressed in Article 66 of the BBNJ Agreement. Entry into force and provisional application are addressed in in Articles 68-69 of the BBNJ Agreement.
The further resumed fifth session of the IGC is being held 19-20 June 2023. On 20 June 2023 the general exchange of views will continue (UN Doc A/CONF.232/2023/L.4)
Filed under International Organizations, State Practice, Treaties
As of 16 June 2023, the deadline for which written statements may be presented to ITLOS in the Request for an Advisory Opinion submitted by the Commission of Small Island States on Climate Change and International Law (Request for Advisory Opinion submitted to the Tribunal), the Commission of Small Island States on Climate Change and International Law (COSIS) is comprised of eight States, who are Parties to the COSIS Agreement (Article 3(2)). Following previous reports, the latest two Parties to the COSIS Agreement are Saint Vincent and the Grenadines (Accession; 9 June 2023) and The Federation of Saint Christopher (Saint Kitts) and Nevis (Accession; 13 June 2023).
Filed under State Practice, Treaties
The ninth edition of the EULoS Summer School, European Union and the Law of the Sea, will be held 28 August – 8 September 2023, in Genoa, Italy. Applications are welcome on a rolling basis. For more information see the EULoS website.
Filed under Courses
The Thirty-Third Meeting of States Parties to the United Nations Convention on the Law of the Sea (SPLOS) have elected seven Members of the International Tribunal for the Law of the Sea (ITLOS), following voting held 14 June 2023 (UNCLOS, Annex VI, Article 4; see nominations).
The States Parties re-elected Vice-President Tomas Heidar (Iceland) and elected Ms Frida María Armas Pfirter (Argentina), Mr Hidehisa Horinouchi (Japan), Mr Thembile Elphus Joyini (South Africa), Mr Osman Keh Kamara (Sierra Leone), Mr Konrad Jan Marciniak (Poland) and Mr Zha Hyoung Rhee (Republic of Korea)(see curricula vitae of candidates nominated by States Parties). The nine year term of each Member will commence 1 October 2023 (Rules of the Tribunal, Article 2).
The term of office for six Members of the Tribunal shall expire 30 September 2023, namely President Albertus Jacobus Hoffmann, Judge Stanislaw Michal Pawlak, Judge Shunji Yanai, Judge James Luta Kateka, Judge Jin-Hyun Paik and Judge Alonso Gómez-Robledo Verduzco. For more information see the ITLOS Press Release.
Filed under International Organizations, State Practice
On 8 June 2023 the respective Ministers of Foreign Affairs of Indonesia and Malaysia signed the Treaty between Malaysia and the Republic of Indonesia Relating to the Delimitation of the Territorial Seas of the Two Countries in the Southernmost Part of the Straits of Melaka (signed 8 June 2023, not yet in force) and Treaty between Malaysia and the Republic of Indonesia Relating to the Delimitation of the Territorial Seas of the Two Countries in the Sulawesi Sea (signed 8 June 2023, not yet in force). While the texts of the agreements have not yet been released, the titles indicate further partial delimitation of the territorial seas as between the two opposite (SOM Treaty) and adjacent (Sulawesi Sea Treaty) states. The accompanying Joint Statement By The Honourable Prime Minister Of Malaysia And His Excellency President Of The Republic Of Indonesia (8 June 2023) affirms that the agreements follow “almost two decades of negotiations on maritime boundaries delimitation” and that the parties will seek the simultaneous entry into force of both treaties. In respect of the Sulawesi Sea Treaty, remaining land boundary ‘issues’ which could be of interest to maritime delimitation include in respect of the maritime feature of Pulau Sebatik, such as “the intertidal area in the east of Pulau Sebatik” and “the gap from the low water line to Point M”. The parties seek to resolve the remaining land boundary issues within one year (June 2024). Finally, “the two Leaders also agreed to task their maritime boundary negotiation teams to commence as soon as possible negotiations on all the remaining and outstanding maritime boundaries between both countries simultaneously”.
For wider context, on the SOM Treaty, see: Agreement between the Government of Malaysia and the Government of Indonesia on the delimitation of the continental shelves between the two countries (27 October 1969); Treaty between the Republic of Indonesia and Malaysia Relating to the Delimitation of the Territorial Seas of the Two Countries in the Strait of Malacca (1970, in force 8 October 1971) and Treaty between the Republic of Indonesia and the Republic of Singapore relating to the delimitation of the territorial seas of the two countries in the western part of the Strait of Singapore (2009, in force 30 August 2010). For wider context on the Sulawesi Sea Treaty, see: Sovereignty over Pulau Ligitan and Pulau Sipadan (IndonesialMalaysia), Judgment (17 December 2002) and Agreement between the Government of the Republic of Indonesia and the Government of the Republic of the Philippines concerning the delimitation of the exclusive economic zone boundary (2014, in force 1 August 2019). Finally, on fisheries law enforcement concerning undelimited waters, the Joint Leaders’ Statement (8 June 2023) calls for effective implementation of the Memorandum of Understanding Between the Government of Malaysia and the Government of the Republic of Indonesia in Respect of the Common Guidelines Concerning Treatment of Fisherman by Maritime Law Enforcement Agencies of Malaysia and the Republic of Indonesia (27 January 2012).
Filed under State Practice, Treaties
The Development of International Law in Asia-Korea (DILA-KOREA) and The Center for International Studies (ICIS) of Inha University, Korea will organise a hybrid roundtable, entitled, East Asia States’ Potential Leadership, 15 June 2023, held at the Canon Institute for Global Studies (CIGS, Tokyo, Japan) and online (Zoom). Session 2 is entitled ‘Japan’s release of contaminated/treated water from Fukushima: contemporary issues and challenges’. For more information see here.
Filed under Events
The Department of Law of the University of Cyprus will host the 2024 ESIL Research Forum, themed, Revisiting Interactions between Legal Orders, 18-19 April 2024, at the University of Cyprus (Nicosia, Cyprus). Abstracts are welcome until 30 September 2023. For more information see the call for papers.
The Law School of Åbo Akademi University is currently seeking a Project Researcher in Marine Environmental Law (3 years fixed term), starting 16 October 2023 (or as per agreement). The researcher should specialise in legal issues related to marine environmental protection, biodiversity, and marine protected areas and is required to hold a Doctor’s degree in a relevant field. Applications are welcome until 16 August 2023. For more information see here.
Filed under Vacancies
The newly founded Joachim Herz Doctoral School (Leuphana University Lüneburg) is currently inviting applications for nine Ph.D. Scholarships to participate in their structured Ph.D. programme on Law and Transformation, beginning 1 October 2023 (4-year programme). Scholarships are open to graduates of law (and related social science disciplines) and includes consideration of Ph.D project proposals addressing the law of the sea, including fisheries law. Applications are welcome until 11 June 2023. For more information see here.
Filed under Vacancies
The UN Division for Ocean Affairs and the Law of the Sea (Office of Legal Affairs) shall coordinate the United Nations World Oceans Day 2023, themed, Planet Ocean: tides are changing, 8 June 2023. For more information see here. A wide variety of further events occur throughout the week, see here
World Ocean Day is celebrated 8 June 2023, under the coordination of The Ocean Project. This year’s theme is, 30×30, and events around the world will occur in the week surrounding the 8 June 2023. For more information, see the host of events listed here.
Filed under Events
Associazione di Consulenza in Diritto del Mare (ASCOMARE) has launched a call for papers for the Third Volume of its Yearbook on the Law of the Sea (YLoS), entitled, Maritime Security, New Technology and Ethics: Evolving Challenges and Opportunities. Abstracts are welcome until 31 July 2023. For more information see the call for papers and Volume 1 and Volume 2 (both open access).
Filed under Calls
The Ministero dell’agricoltura, della sovranità alimentare e delle foreste and Institute for Research on Innovation and Services for Development, with the support of AssIDMer, will host a conference, entitled, Per una pesca sostenibile nel Mediterraneo. Percorsi evolutivi nel diritto e nella prassi internazionale, 20 June 2023, at Università di Napoli L’Orientale (Naples, Italy). For more information see the programme.
Filed under Events
On 22 May 2023, the United States and Papua New Guinea concluded, among others, an Agreement Concerning Counter Illicit Transnational Maritime Activity Operations, which “addresses a range of maritime threats including illegal, unreported, and unregulated (IUU) fishing, drug trafficking, migrant smuggling, and illicit transport of weapons of mass destruction (WMD)”. The text is not yet public, but the press release notes the inclusion of shiprider arrangements, maritime interdiction mechanisms and maritime domain awareness, among others. Other similar bilateral agreements on maritime interdiction, law enforcement and shipriders have been concluded previously, including similar titles, such as, USA/Nauru (2011), USA/Senegal (2011), USA/Tuvalu (2011), USA/Samoa (2012), USA/Micronesia (2014) and USA/Seychelles (2021).
Filed under State Practice, Treaties
Kadir Has University shall host the fifth session of the KHAS International Law of the Sea Summer Academy, 24 July–4 August 2023, at the Kadir Has University Faculty of Law (Istanbul, Türkiye). For more information see here.
Filed under Courses
As previously reported, the extension of the Black Sea Grain Initiative in March 2023 was subject to differing statements on the period of renewal. On 17 May 2023, it was confirmed (2) that the Russian Federation aligned its position with the other parties and will also continue its participation in the Black Sea Initiative for another 60 days. Ukraine welcomed ‘unblocking‘ of the agreement, following Ukraine’s previous objections (17 April 2023) to claimed interference in the inspection plan. On 15 May 2023, the UK likewise objected to delays and the blocking of vessel inspections, called for a sustained and stable deal, and “urge Russia to stop threatening to leave the initiative”. An update (8 May 2023) from the Office of the UN Coordinator for the Black Sea Grain Initiative confirmed “[s]ince 1 May, the JCC inspection rate has dropped significantly”, with no inspections on 7-8 May 2023. As of 8 May 2023, the total exports of grain and foodstuffs under the Initiative is 29,798,277 metric tonnes, while there have been no exports of fertilizers so far. Official reports (2) concerning a quadrilateral meeting between Ukraine, Türkiye, Russia and the UN on 10-11 May 2023 involved discussions of “the recent proposals by the United Nations, namely the resumption of the Togliatti-Odesa ammonia pipeline, the longer extension of the deal, improvements at the Joint Coordination Centre for stable operations and exports, as well as other issues raised by the parties”.
Filed under International Organizations, State Practice
IPDM – Instituto Português de Direito do Mar shall host its Second Annual Conference, entitled, Maritime Security In A Changing World, 28 June 2023, in Cascais (Portugal). For more information and registration see here.
Filed under Events
The World Maritime University-Sasakawa Global Ocean Institute (WMU-GOI) is currently advertising a Research Associate position, with a particular focus on multifunctional ocean governance and sustainable blue economy under the auspices of the C2B2 programme, to be based at WMU (Malmö, Sweden). Applications are welcome until 31 May 2023. For more information see here.
Filed under Vacancies
The British Institute of International and Comparative Law will host a webinar, entitled, Deep Seabed Mining & International Law: Is a Precautionary Pause Required?, 31 May 2023, online. For more information see here.
Filed under Events
As the current chair of ASEAN, Indonesia hosted the 42nd ASEAN Summit, 9–11 May 2023, in Labuan Bajo (Indonesia). Among the outcome documents, on 10 May 2023 the ASEAN Member States adopted the ASEAN Declaration on The Placement and Protection of Migrant Fishers. Among interesting non-binding provisions are:
FURTHER RECOGNISING the shared responsibility of ASEAN Member States to protect and fulfill the rights of migrant fishers in the entire migration cycle and to prevent and combat forced labour, child labour and trafficking in persons in fishing vessels considering the proximity and connecting borders of ASEAN Member States;
[…]
4. IMPROVE the entire migration process of migrant fishers through improvement in ethical and fair recruitment and placement; pre-employment, pre-departure and post-arrival orientations; and access to employment contract or proper documentation in the language they understand;
[…]
6. ENCOURAGE ASEAN Member States to initiate or conclude bilateral agreements among each other and with countries outside the region to facilitate safe and regular migration of migrant fishers especially in recruitment and placement processes, safe repatriation and reintegration, and access to justice and remedies;
7. EXPLORE cooperation among ASEAN Member States on data collection and sharing on, but not limited to, case management, recruitment and repatriation of migrant fishers in and outside of ASEAN, and sharing of best practices and lessons learned in the migration process of migrant fishers;
ASEAN Declaration on The Placement and Protection of Migrant Fishers (2023)
For further information see the other statements adopted at the 42nd ASEAN Summit here.
Filed under International Organizations
On 3 May 2023 the Nigerian Navy published a press release providing an update on the domestic proceedings concerning the M/T ‘Heroic Idun‘ incident of August 2022, from the perspective of the Nigerian Navy. Following the domestic proceedings previously reported, according to the Nigerian Navy, on 10 January 2023 the ship and crew were charged at the Federal High Court in Port Harcourt, whereupon M/T ‘Heroic Idun‘ “and her 26 foreign crew pleaded guilty and elected voluntarily to enter into a plea bargain agreement with the Federal Republic of Nigeria as well as make restitution to the Federal Government”. The owners are said to have made the plea bargain under Section 270(1)(a) of the Administration of Criminal Justice Act 2015, which “was in the interest of justice, the public and for public policy interest” (thus, presumably accepted by the prosecutor under Section 270(3) of the Administration of Criminal Justice Act 2015). According to the Nigerian Navy press release, the court ordered release of the M/T ‘Heroic Idun‘ and crew is conditional on the terms of the plea bargain agreement being first fulfilled, as agreed, which include the M/T ‘Heroic Idun‘ “and its owners are to pay fines to the Federal Government and make an apology to the Federal Republic of Nigeria in print and electronic media as well as Llyod’s list. On its part, the Federal Government agreed not to further criminally prosecute and/or investigate the vessel, her owners, charterers or her crew in the matter of her crime against the State”. For more information see the related international proceedings concerning the M/T ‘Heroic Idun‘, previously reported.
Update 15 May 2023: On 12 May 2023 a public apology by the owners of the M/T ‘Heroic Idun‘ to the Federal Government of Nigeria was published in Lloyd’s List. The apology concerns the reporting of the approach of a Nigerian patrol vessel “as what was thought at the time to be a possible piracy attack”. The apology has been acknowledged and re-circulated by the Nigerian Navy and Nigerian Government.
Filed under State Practice
The Climate Arctic Governance research network (CArGo) will host a special Arctic edition of the Interdisciplinary Seminar Series on Climate, Energy and Sustainability, 8 December 2023, in a hybrid format, University of Copenhagen (Denmark) and Zoom. Abstracts from students and junior researchers are welcome until 31 October 2023. For more information see here.
IPDM – Instituto Português de Direito do Mar shall host its inaugural Law of the Sea Summer School, 3-14 July 2023, in Cascais (Portugal). The first week will be lectured in Portuguese and the second week in English. For more information and registration see here and the programme.
Filed under Courses
On 10 May 2023 the Government of Tuvalu signed a Memorandum of Understanding (MoU) with Sea Shepherd Global concerned with combatting illegal, unreported, and unregulated (IUU) fishing in Tuvalu’s EEZ (Tuvalu Department of Foreign Affairs). This represents the first collaboration law enforcement arrangement between the NGO and a coastal state in the Pacific region, previous examples involving Sea Shepherd assistance arrangements with Gabon, Liberia, Tanzania, The Gambia, Benin, São Tomé and Príncipe, Sierra Leone and Namibia (Sea Shepherd Global Press Release). Under the terms of the MoU, Sea Shepherd will provide a designated vessel, Allankay, at no-cost to the government of Tuvalu to support law enforcement efforts through at-sea patrols. Under the terms of the MoU, Tuvalu will station a detachment from the Tuvalu Police Service aboard the Allankay with the authority to board, inspect, and arrest fishing vessels engaged in IUU activity in the EEZ of Tuvalu.
Filed under Non-State Actors, State Practice
De Maribus 