The Centre for International and Transnational Tendencies in Law at Aarhus University, Denmark, is hosting a workshop on the transnational development and use of legal norms and other instruments of legal relevance that have an impact on the protection of threatened ecosystems. The workshop will focus on transnational and multi-level aspects in environmental governance and regulation of ecosystems’ protection and international conservation of terrestrial and marine areas. One of the topics of the call is “the effectiveness of the different approaches and instruments (including the use of liability concepts) used in the marine protection”. The deadline for abstract submission is 31 August 2018. The workshop is set to happen on 25-26 October 2018. The call for papers may be found here.
Author Archives: N.F. Coelho
Call for papers: Tendencies in Legal Approaches and Instruments for the Protection of Ecological Systems
The member states of the informal group “Caspian-five”, composed of Azerbaijan, Iran, Kazakhstan, Russia and Turkmenistan, have signed (12 August 2018) the Convention on the Legal Status of the Caspian Sea. This international treaty replaces previous Soviet-Iranian instruments, namely the Treaty of Friendship between Persia and the Russian Socialist Federal Soviet Republic of February 26, 1921 and the Treaty on trade and navigation of 25 March 1940. With this new treaty, the parties agree that the Caspian Sea is not a lake. Among other issues addressed by the treaty, the Caspian Sea bordering states will now be able to lay pipelines on the seabed without obtaining the approval of all the other coastal states, but rather only the approval from those coastal states whose sector the pipeline should pass through (Article 14). The treaty also features the principle of absence of armed forces not belonging to the parties in the Caspian Sea (Article 3). Six other international legal instruments were also signed by the parties, namely on the fight against terrorism, the fight against organised crime, economic cooperation, transportation, accident prevention, and interaction of border authorities. The text of the agreement may be found here (in Farsi). A statement from the United Nations Secretary-General may be found here.
The Court of Justice of the European Union (CJEU) has published (11 July 2018) its judgment on Case C-15/17 concerning an oil discharge in the EEZ of Finland by the bulk carrier Bosphorus Queen that took place in 2011. In its decision, the CJEU interpreted the meaning of the expressions “clear objective evidence” and “coastline or related interests” as used in Article 220(6) of the UNCLOS and Article 7(2) of the EC Directive 2005/35 (as amended by EC Directive 2009/123). The CJEU also held that the assessment of a violation, as defined by said articles, takes into consideration:
– the cumulative nature of the damage on several or all of those resources and related interests and the difference in sensitivity of the coastal State with regard to damage to its various resources and related interests;
– the foreseeable harmful consequences of discharge on those resources and related interests, not only on the basis of the available scientific data, but also with regard to the nature of the harmful substance(s) contained in the discharge concerned and the volume, direction, speed and the period of time over which the oil spill spreads
The judgment, as well as the opinion of the Advocate General (delivered on 28 February 2018), may be found here.
The Ministry of Transport of China has published (9 July 2018) an opinion letter on the draft “Ship Emission Control Area Adjustment Plan”. The draft plan proposes the extension of China’s domestic emission control areas (ECA) to the entire coastline. Accordingly, the “Implementation Plan on Domestic Emission Control Areas in Waters of the Pearl River Delta, the Yangtze River Delta and Bohai Rim (Beijing, Tianjin, Hebei)” could be made applicable to any areas within 12 nautical miles of the coast, as well as to Hainan waters. The draft plan aims at “accelerating the construction of an ecological civilization” and could become effective as from 2019. Under this draft plan, ships sailing and docking in the ECA should use fuels with a SOX content of 0.5% or less; from January 1, 2020, ships berthing in the ECA should use fuel of 0.1% or less. For Hainan waters, the draft plan mentions stricter standards to be applied from January 1, 2020, stating that fuels used in navigation and berthing should both be at or under the 0.1% threshold. In addition, the draft plan also aims at limiting NOX emissions, strenghtening the applicable 2016 standard (see Limits and measurement methods for exhaust pollutants from marine engines (China I, II)). The opinion letter may be found here (in Chinese). More information is available here (in Chinese) and here (in Chinese).
The Chinese Society of the Law of the Sea (CSLOS) is organizing its first International Law of the Sea Moot Court Competition. The event will be hosted by the China University of Political Science and Law and it will take place on October 27 – 28, 2018 in Beijing, China. The “Case Concerning the Interpretation of UNCLOS and Delimitation of Maritime Boundaries”, opposing the “Republic of Tranquilita” to the “Republic of Independent Marinnes”, has already been made available here. Teams that are interested in participating in the competition of this year must register before August 15, 2018. More information can be found here.
Leiden Law School is hosting a conference on The EU as a Global Actor in Maritime Security: Competences – Obligations – Accountability. This event is co-organised by four Interest Groups of the European Society of International Law and takes place on 25 and 26 October 2018 in Leiden, the Netherlands. The aim is to explore what competences the EU has to act in the maritime domain, what obligations it is bound by when doing so, and how judicial oversight can be ensured. Abstracts should not be longer than 500 words and submitted no later than 30 June 2018. Registration to attend the event is open until 15 September 2018. The call for papers may be found here. More information about the event is available here.
The Shanghai Jiao Tong University (Center for Rule of Ocean Law Studies and Center for Polar and Deep Ocean Development) is hosting an international symposium entitled “Recent Development on the Law of the Sea”. The event will be held 1-2 November 2018 in Shanghai, China. The respective call for papers mentions three themes: BBNJ and Area Based Management Tools, Deep Seabed Mining: Theoretical and Practical Issues and The Polar Regions: Law and Governance. Draft Papers are due 15 August 2018. More information about the themes and the deadlines is available here.