The University of New South Wales (UNSW) is hiring a Research Fellow to contribute towards the research project of SHARP Professor Natalie Klein of the UNSW Law & Justice Faculty (School of Public and Global Law). The research project will be focused on the law of the sea, maritime security, state responsibility and international dispute settlement. The Research Fellow will provide high level research and administrative support, as well as undertake independent research and writing on a specific project on maritime security and international law. More information is available here.
Author Archives: N.F. Coelho
The Government of Kiribati decided to lift the closure and apply a Marine Spatial Planning (MSP) to sustainably use marine resources in the Phoenix Islands Protected Area (PIPA). The Phoenix Islands Protected Area was first established in 2006. The closure of PIPA to commercial fishing activities or as a no take zone was realised in 2015. More information on the PIPA can be found in a dedicated UNESCO World Heritage Centre page. The press release from the Ministry of Fisheries & Marine Development of Kiribati can be read below:
French think tank Institut du développement durable et des relations internationales (IDDRI) is hiring a policy officer on coastal and maritime economy. The selected candidate is expected to support IDDRI’s “ocean team” in the implementation of ongoing projects, especially on high seas and regional ocean governance. Applications should be sent by 26 November 2021. More details can be found here.
Events: La contribución de la Unión Europea a la protección de los recursos biológicos en espacios marinos de interés internacional
The Spanish Association of Professors of International Law and International Relations (AEPDIRI) is hosting its congress on The contribution of the European Union to the protection of biological resources in marine areas of international interest. The event takes place 4-5 November 2021 at the premises of the University of Cordoba (Spain). The programme is available here.
Events: La controversia de la Fragata ARA Libertad ante el Tribunal Internacional del Derecho del Mar
The Law Faculty of the University of Buenos Aires (Argentina) is hosting an event on The “ARA Libertad” Case (Argentina v. Ghana), Provisional Measures, held before the International Tribunal for the Law of the Sea in 2012 (Case No. 20). This event takes place on 18 November 2021. Registration is open here (in Spanish) and the programme is available here (in Spanish).
The Ocean Policy Research Institute (OPRI) of the Sasakawa Peace Foundation has opened a vacancy for a Research Fellow or Senior Research Fellow. The selected candidate shall assist in gathering and analyzing information to promote ocean policy dialogues mainly targeting island countries including the Pacific, Asia, Indo-Pacific, Africa, regional and international organizations with a focus on ocean-related policies, legal systems, sustainability, and coordination with international initiatives. The application deadline is 19 November 2021. More information is available here
The China Oceanic Development Foundation, the Dalian Maritime University, and the University of Genoa are jointly hosting a seminar entitled Sea Lane Security between China and Europe. This event is set to happen online on 30-31 October 2021. The program is available here. Further information is available here.
The China Institute of Boundary and Ocean Studies (CIBOS) of Wuhan University is hosting a Massive Open Online Course (MOOC) on “The Establishment of the Outer Limits of the Continental Shelf: Science, Technology and Law”. This event is taking place through October and November 2021. This MOOC aims to introduce the legal regime of the continental shelf and the work of the Commission on the Limits of the Continental Shelf (CLCS). Registration is open here.
California State Lands Commission adopted regulatory amendments that will implement the federal ballast water discharge standards of the United States of America (USA) for vessels arriving at California ports. These changes will become effective on 1 January 2022.
The State rules apply to vessels over 300GT that are capable of carrying ballast water. The ballast water management requirements address vessels arriving in California Waters from a port or place outside the Pacific Coast Region and vessels arriving in California Waters from a port or place within the Pacific Coast Region, with ballast water from the Pacific Coast Region. The Pacific Coast Region (PCR) comprises the waters within 200nm of land on the Pacific Coast of North America east of 154°W longitude and north of 25°N latitude, excluding the Gulf of California.
The Commission’s press release dated 15 October 2021 is here. A brochure from the Commission’s Marine Invasive Species Program (MISP) with a summary of the regulatory changes is available here. A commentary published by marine insurance company North P&I on these measures is available here.
The Centre d’Études et de Recherches Internationales et Communautaires (CERIC) and the Institut du Droit Economique de la Mer (INDEMER) are organizing a colloquium on conflicts of use at sea, focusing on the conciliation of human activities in European waters. The event takes place on 18-19 November 20201 at the Law Faculty of the Université d’Aix Marseille. The programme is available here; registration is mandatory.
The Supreme Federal Court (STF) of Brazil upheld the appeal of family members of a fisherman who want the Federal Republic of Germany to compensate them for his death in 1943, when a fishing boat was sunk by a German submarine off the Brazilian coast. By majority vote, the STF established the thesis that unlawful acts committed by foreign States in violation of human rights do not enjoy immunity from jurisdiction in Brazil. Reference: (ARE) 954858.
The attack on the fishing boat Changri-lá killed ten fishermen in July 1943, during World War II, in Brazilian territorial sea, near Cabo Frio (RJ). In 2001, the Maritime Court officially recognized that the cause of the wreck was the torpedoing of the vessel by a German U-199 submarine, leading the grandchildren and widows of one of the fishermen’s grandchildren to file, in 2006, an action for compensation for material and moral damages. In the first instance, the action for reparation was dismissed without a resolution on the merits. The family appealed to the Superior Court of Justice (STJ), but the appeal was not admitted based on the jurisprudence of that Court, which prevents the foreign State from being held liable for an act of war.
The International Court of Justice has delivered on 12 October 2021 its Judgment in the case concerning Maritime Delimitation in the Indian Ocean (Somalia v. Kenya). The Court found that there was no agreed maritime boundary between the Federal Republic of Somalia and the Republic of Kenya and proceeded to determine the course of that maritime boundary. The Court also rejected the claim made by the Federal Republic of Somalia concerning the allegation that the Republic of Kenya, by its conduct in the disputed area, had violated its international obligations. The judgment may be found here.
The academic journal Marine Policy launched a Special Issue Call for Papers entitled ‘MSP in Europe: Impacts of the EU MSP Directive’. The focus is on the practical experiences of Member States in implementing the Directive and also on the wider transnational and policy context that is shaping MSP in Europe and the intentions of the MSP Directive itself. Deadline for submission of papers is 15 December 2021. More information is available here.
The Supreme Court of New Zealand (SCNZ) decided (30 September 2021) to uphold previous High Court and Court of Appeal decisions quashing consents granted by the Decision Making Committee (DMC) of New Zealand’s Environmental Protection Agency that would have allowed mining company Trans-Tasman Resources Limited (TTR) to extract up to 50 million tonnes per annum from the South Taranaki Bight seabed (Case number  NZSC 127).
Among other issues of domestic law, SCNZ found that in considering the effect of the Treaty of Waitangi to the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012, the DMC should have taken into account the effects of the proposed activity on existing interests adding that tikanga-based customary rights and interests constitute “existing interests” (…) including kaitiakitanga and rights claimed, but not yet granted, under the Marine and Coastal Area (Takutai Moana) Act 2011. The court considered that the proposed activity in terms of tikanga may indicate that material harm extends beyond the physical effects of a discharge, or that pollution can be spiritual as well as physical.
A press release with further details on the case Trans-Tasman Resources Ltd v Taranaki-Whanganui Conservation Board is available here.
The International Union for Conservation of Nature (IUCN) passed a motion on 7 September 2021 calling for a moratorium on deep seabed mining and a halt to the International Seabed Authority’s (ISA) issuing of new contracts for mining and for exploration of mining sites until certain conditions are met. Those conditions include conducting rigorous and transparent scientific research and impact assessments to comprehensively understand the environmental, social, cultural, and economic damage that mining could cause, and ensuring the effective protection of the marine environment. More information is available in the IUCN Motion 069.
The 15th Nordic Environmental Social Science Conference (NESS) shall be hosted on 7-9 June 2022 at the School of Global Studies, Gothenburg, Sweden. The theme of this year’s edition is emergency and transformation. Two deadlines are open: submitting workshops by 1 October, 2021 and submitting abstracts for workshop papers by 15 December, 2021. One of the panels is specifically devoted to ocean governance, and many others allow for marine/maritime themes as well. More information is available here.
The 2021 revision of the Maritime Traffic Safety Law of the People’s Republic of China (Order No. 79 of the President of the People’s Republic of China) entered into force on 1 September 2021. This Order was issued on 29 April 2021, and it introduces new reporting requirements on foreign vessels entering China’s territorial seas. The reporting requirements apply to the following vessels:
- nuclear powered vessels;
- ships carrying radioactive materials;
- ships carrying bulk oil, chemicals, liquefied gas and other toxic and harmful substances;
- other vessels that may endanger the maritime traffic safety.
The governments of Antigua and Barbuda and of the United Kingdom (UK) have signed on 27 July 2021 an agreement defining Antigua and Barbuda’s maritime jurisdiction. The agreement sets out the boundary between Antigua and Barbuda and Anguilla, a British Overseas Territory. The waters of Antigua and Barbuda border those of Anguilla (UK) to the northwest, Saint Barthélemy (France) to the northwest, the Federation of Saint Kitts and Nevis to the west, Montserrat (United Kingdom) to the southwest, and Guadeloupe (France) to the southeast. With this new treaty, the Antigua and Barbuda has delimited three of its five maritime boundaries. Only the boundaries with St Kitts and Nevis and Monserrat remain to be negotiated. More information is available at the Commonwealth homepage (here) and at the social media webpage of HM Governor’s Office in Anguilla (here).
The Faculty of Social Sciences (Department of Political Science) of the University of Vienna (Austria) is opening a position for a Post-Doctoral Researcher. The successful candidate will work in an interdisciplinary research team within the ERC project “The Politics of Marine Biodiversity Data: Global and National Policies and Practices of Monitoring the Oceans (MARIPOLDATA)” . Deadline for application is 31 October 2021. More information is available here.
The call for applications for the 2022 United Nations Nippon Foundation Fellowship is now open. The deadline for applications to be received by DOALOS (Division for Ocean Affairs and the Law of the Sea) is 24 September 2021.
The objective of the fellowship is to provide funded opportunities for advanced training in the field of ocean affairs and the law of the sea, or related disciplines including marine science in support of management frameworks, to mid-level Government officials and other mid-level professionals from developing States so that they may obtain the necessary skills to assist their countries in the implementation of the legal framework set out in the United Nations Convention on the Law of the Sea, and related instruments, as well as to formulate comprehensive ocean management regimes, including within the context of the 2030 Agenda for Sustainable Development
Treaties: Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean enters into force
On 25 June 2021, the Agreement to prevent Unregulated High Seas Fisheries in the Central Arctic Ocean enters into force. This is the first multilateral agreement of its kind to take a legally binding, precautionary approach to protect an area from commercial fishing before such fishing has begun. There are currently no commercial fisheries in the Arctic high seas, with most of the region covered by ice year-round. However, with an ever-increasing ice-free area in the summer, commercial fishing may be possible in the foreseeable future. The Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean aims to manage potential fishing in the high seas of this region. More information on this treaty is available here (EU) and here (USA); the text of the treaty may be found here. Previous De Maribus reporting is here.
The Centre de Recherche sur les Relations entre les Risques et le Droit of the University of Lille is hosting a webinar entitled Les nouveaux risques de l’aventure maritime (The new risks of the maritime adventure). The event focuses on the risks associated with cyber-security and environmental issues on insurance and on jurisdictional competences, in close relation with the history of maritime insurance. This event takes place on 1-2 July 2021; it shall be held in French, and one of the sessions shall be billingual; the programme and further informatin is available here.
The Jack D. Gordon Institute for Public Policy at Florida International University, in the United States of America, is hosting a two-day informational workshop on Illegal, Unreported and Unregulated (IUU) fishing. The event takes place online on 30 June – 1 July 2021. Global Fishing Watch and International Monitoring, Control, and Surveillance Network will speak about the most pressing issues in IUU fishing, tools that are being used to address these issues, and opportunities for collaboration in the maritime security environment. Registration is open here and further information available here.
Closing date is 1 August 2021 to apply for a doctoral fellowship at the Norwegian Centre for the Law of the Sea (NCLOS), Arctic University of Norway (Tromsø). NCLOS seeks candidates for one PhD position with projects proposals primarily within the theme Ocean space. Proposals, which aim at applying of law-in-context approaches such as legal geography, are encouraged. Project proposals on the other themes, sovereignty and ocean commons are also welcome. More information available here.
CJEU: Case C-786/19 (The North of England P & I Association Ltd v Bundeszentralamt für Steuern) judgement delivered
The Court of Justice of the European Union (CJEU) delivered judgment on Case C-786/19 (The North of England P & I Association Ltd v Bundeszentralamt für Steuern). This corresponds to a request for a preliminary ruling from the Finanzgericht Köln (Finance Court, Cologne, Germany).
The CJEU held that “where insurance contracts concern the provision of cover for various risks linked to the operation of sea-going vessels which are entered in the shipping register maintained by a Member State but which fly the flag of another Member State or of a third State under a temporary flagging-out authorisation, the State that must be considered to be the ‘Member State of registration’ of the ship concerned and therefore, to be ‘the Member State where the risk is situated’, within the meaning of those provisions, holding the exclusive power to tax premiums paid with respect to those insurance contracts, is the Member State which maintains the shipping register in which the primary purpose of entering that ship is to prove ownership of that ship”.
The Research Group on Natural Resources Law, the Research Group on International Governance, and Research Group on Human Rights, Armed Conflict, Peace and Security Law of the Faculty of Law at the University of Oslo (Norway) are jointly hosting a webinar entitled Maritime delimitation agreements and sovereignty claims: current trends and recent cases. Some of the questions to be addressed are: What can we learn from the recent maritime delimitation agreements for the way States deal with maritime claims? How does this affect non-State actors’ rights? Are we witnessing a shift in the manner we interpret the law of the sea, notably under new pressures for access to natural resources? The event takes place online on 11 June 2021, and registration is necessary. More information is available here.
The Maritime Policy & Strategy Research Center at Haifa University (Israel) is hosting a webinar entitled “UNCLOS and the Protection of Innocent and Transit Passage in Maritime Chokepoints”. This event shall discuss practical implications, regulatory tools and lawful responses to violations of maritime transit, with a special focus on countries that are not party to UNCLOS. The webinar takes place 7 June 2021. More information is available here.
The School of Law at NOVA University of Lisbon is launching a call for papers for a workshop entitled “From Integrated Maritime Policy to International Ocean Governance: the progressive development of EU maritime policies”. The main focus of the Workshop is the EU’s Integrated Maritime Policy and how it can be reinforced to meet the current and future challenges facing the Ocean and humankind. Deadline for paper proposals is 28 May 2021. More information is available here.
The Center for International Law of Jean Moulin Lyon 3 University, in France, is accepting contributions for a book project entitled “European judges faced with migration”. This book project is part of the Migration and Asylum Policies Systems (MAPS) research project. The goal of this project is to highlight the ways of exercising the office of European judges lato sensu in migration matters in order to understand how the judge determines, organizes and articulates the applicable law or even constructs case-law policies that supplement or compete with national and / or European policies.
Deadline is 21 May 2021 to submit proposals in either English or French. It is confirmed that this call welcomes contributions on the topic of unsafe mixed migration by sea. Further information is to be found here.
Deadline to submit proposals of research papers in French is 15 July 2021 with the Centre d’études et de recherche internationales et communautaires (CERIC) at the Aix-Marseille Université (France), for a colloquium entitled Les quarante ans de la Convention des Nations Unies sur le droit de la mer (The fourty years of UNCLOS).
The event is set to take place on 16-17 June 2022. More information can be found via the website of the Association Internationale du Droit de la Mer (ASSIDMER) here (in French).
Closing date for submission of papers is 15 August 2021 with the Indian Journal of International Law (IJIL). The Editorial Board of IJIL particularly encourages submissions that are relevant to the developing countries, Asian and African approaches to International Law and India. It is understood that contributions on the International Law of the Sea are welcome. Details for submission are available here. More information can be found at the website of the Indian Society of International Law.
Deadline is 25 May 2021 for a postdoctoral position with the Norwegian Centre for the Law of the Sea at the Arctic University of Norway, in Tromsø. The postdoctoral position is a part of the research project Developing good ocean governance of the Arctic in times of unpredictable and rapid changes (DOGA). The primary objective of DOGA is to contribute to good ocean governance of the marine Arctic by critically investigating the implementation of ecosystem approach in Norway, in the context of regional and global law and policy. More information is available here.
Utrecht University will host a summer school, entitled, Introduction to the International Law of the Sea. The course will look at the maritime zones, their extent, substantive regime (including the rights of third States), and maritime boundary delimitation in case of overlapping claims. Students will see whether law is an effective tool for marine environmental protection. Students will also look in particular at international fisheries law, and offshore energy production. Another session will be devoted to dispute settlement in the law of the sea. In looking at recent development the course will have a session on future developments of the law of the sea, including the feasibility of the development of an instrument for the governance of areas beyond national jurisdiction.
The course shall take place online, on 12 July 2021 – 16 July 2021. Applications are open until 2 July 2021. More information is available here.
The Centre de Droit Maritime et Océanique at the University of Nantes (France) shall host a colloquium entitled Élévation du niveau de la mer et droit international. The purpose of this event is the analysis of the legal implications of sea level rise; it is also about better understanding to what extent existing international standards allow societies to adapt (or not) to this phenomenon and what actions can be carried out on this basis, whether at national, regional or international level, in order to combat both its causes and its devastating effects, by empowering the various actors involved (see previous report here).
The Stockton Center for International Law (SCIL) at the U.S. Naval War College is partnering with the Center for International Maritime Security (CIMSEC) to launch the latest Call for Articles of Project Trident to solicit writing on the law of naval warfare and its evolving impact on the future of international maritime security. Deadline is 17 May 2021. Further details to be found here.
On 31 March 2021, the Russian Federation submitted two addenda to the executive summary of the partial revised Submission in respect of the Arctic Ocean. The two addenda, concern: (i) Gakkel Ridge, Nansen and Amundsen Basins, and (ii) Lomonosov Ridge, Alpha Ridge, Mendeleev Rise, Amundsen and Makarov Basins, and the Canadian Basin, respectively. For more information see CLCS.1.REV.2015.LOS.Add1 (Continental Shelf Notification).
The Brazilian Institute for the Law of the Sea (IBDMAR/BILOS) announced its III International Tribunal for the Law of the Sea Moot Court Competition. The Moot Court event will be held remotely (online) on November 8-10 2021. The keywords of the III ITLOS Moot Court Competition hypothetical case are: Small Island Developing States, fisheries access agreement, traditional fishing rights, pollution from land-based sources, pollution from vessels, plastics and waste management. More information is available here.
The Faculty of Law at Te Herenga Waka — Victoria University of Wellington (New Zealand), with the support of the Japanese Government, is hosting a seminar series on current issues in the law of the sea. Topics discussed include IUU Fishing, BBNJ, environmental sustainability, and the rule of law at sea. Speakers come from Australia, Japan, New Zealand and the Pacific. This event takes place on 28-29 April 2021. For more information on the program and registration see here.
The Centre for Maritime Law (CML) at the National University of Singapore is inviting applications from suitable candidates, who are at the beginning of their professional careers, to conduct research and to participate in the work of the centre. Depending on qualifications, background and expertise, suitable applicants will be appointed as a Research Assistant, Research Associate, Research Fellow, or Senior Research Fellow.
Applications are invited from those with interests in any branch of commercial maritime or shipping law or admiralty law or marine insurance law, including the international sale of goods carried by sea, maritime conflict of laws, maritime dispute resolution (including maritime arbitration, especially in Asia), and offshore oil and gas law. A demonstrated passion for contemporary research on maritime law (such as autonomous shipping, the impact of COVID–19 on the maritime sector, ship finance in the 21st century, and decarbonisation and the shipping industry) may be an advantage. The closing date for the receipt of applications and references is 30 April 2021. Further information can be found here.
The Walther Schücking Institute for International Law (WSI) at the University of Kiel (Germany) seeks a postdoctoral research associate for an interdisciplinary third-party funded project on marine carbon dioxide removal and relating synthesis of knowledge (ASMASYS). This is a three year position, starting August 2021. Deadline for applicants is 17 May 2021. More details can be found here.
The Chinese Society for the Law of the Sea is organizing another edition of its International Law of the Sea Moot Court Competition. This year it will be hosted by the Wuhan University China Institute of Boundary and Ocean Studies and it is scheduled to take place on 23-24 October 2021 in Wuhan, China. This competition simulates proceedings under Part XV of the United Nations Convention on the Law of the Sea before the International Tribunal for the Law of the Sea, the International Court of Justice or an Annex VII Arbitral Tribunal. Registration deadline is 20 May 2021. More information is available here.
The University of Gothenburg is hosting a conference entitled Bioprospecting, Biodiversity and Novel Uses of Marine Resources – New approaches in international law. This conference aims to enable a discussion among legal academics on the implications for international law of these novel uses of marine resources in four thematic areas: 1) governance perspectives, 2) areas beyond national jurisdiction, 3) contracts, information and genetic resources, and 4) regional perspectives. This event is set to happen online, 30 March 2021. More information is available here.
Closing date is 1 May 2021 with the Center for International Law and Governance (CILG) at the Faculty of Law, University of Copenhagen (Denmark), for a 3-year postdoctoral position on international climate change law and maritime transport. The position is part of the research project International Law-Making: Actors in Shipping and Climate Change (InterAct). InterAct aims to provide an account of the actors involved in the international law-making processes addressing climate change impacts of shipping, elucidating about their role and the incentives, barriers, interactions and synergies for sustainable shipping. Specifically, InterAct focuses on market-based measures and the energy transition for international maritime transport, and the regulation of shipping in the Arctic. More information on this postodoctoral position is available here.
Proceedings were instituted (5 March 2021) before the International Court of Justice by way of a Special Agreement between the Gabonese Republic and the Republic of Equatorial Guinea, which was signed in 2016 and entered into force in March 2020. In the Special Agreement, the Parties request the Court “to determine whether the legal titles, treaties and international conventions invoked by the Parties have the force of law in the relations between the Gabonese Republic and the Republic of Equatorial Guinea in so far as they concern the delimitation of their common maritime and land boundaries and sovereignty over the islands of Mbanié/Mbañe, Cocotiers/Cocoteros and Conga”. Further information here.
CNA is hosting a virtual conference entitled High Seas Resources, Ocean Security, and the Great Powers. This will be a discussion about the legally binding instrument on biodiversity beyond national jurisdiction (BBNJ) currently under negotiation at the UN and its security implications. The event takes place on 24 March 2021. More information available in this flyer and in this announcement.
Closing date for applications is 21 March 2021 with the Sasakawa Global Ocean Institute, for a Post-Doctoral Fellowship at the World Maritime University (Sweden). The three-year research project aims to develop practical solutions to the challenges posed by marine debris, Sargassum and marine spatial planning (MSP) in the region and to the member states of the Organization of the Eastern Caribbean (OECS). More information is available here.
The World Bank’s Blue Economy Program PROBLUE is organizing the Ocean Governance Capacity Building Program. This workshop shall be held online and is tailored for the Pacific Ocean region; similar online courses are being planned for East Africa and West Africa, as well as possibly Latin America and the Caribbean. The objective of the training program is to enhance the capacity of government officials, staff of partner organizations, and other stakeholders on ocean governance by providing training on international law related to oceans and the legal framework for the blue economy, including relevant regional conventions.
This online course provides an introduction to global ocean governance, including a primer on public international law related to the oceans and the international legal framework for the blue economy. It is centered on the United Nations Convention on the Law of the Sea and related instruments addressing fisheries, marine pollution, conservation and biodiversity, climate change, maritime transport and shipping, marine scientific research, and activities in the Area, among other topics.
Deadline for submitting applications is 8 March 2021. Further information is available here.
The United Nations Division for Ocean Affairs and the Law of the Sea in cooperation with the Intergovernmental Oceanographic Commission of UNESCO is hosting a seminar entitled Strengthening the Science-Policy Interface for Ocean Sustainability.
The objective of this webinar is to raise awareness of the importance of the science-policy interface for ocean governance at all levels, showcase links between the science-policy interface and society including ocean users, and reinforce the understanding of the role of citizen science, as well as traditional, indigenous and local knowledge in strengthening the science-policy interface. This event takes place on 1 March 2021. Pre-registrationa and programme can be found here.
Closing date for expressions of interest and applications is 14 May 2021 with the University of Tasmania (Australia) for a PhD position on governance solutions to plastic pollution in Antarctica and the Southern Ocean. This project examines the plastic pollution problem in the Antarctic and Southern Ocean regions, the current governance measures for dealing with plastic pollution through the Antarctic Treaty System (ATS), and other broader global governance arrangements. The candidate will investigate the effectiveness of the global governance systems in place that address plastic pollution. More information is available here.