Author Archives: N.F. Coelho

Vacancies: associate professor at Aalborg University

The Centre for Blue Governance (CBG) at Aalborg University (Denmark) seeks an associate professor with a social scientific background who does innovative research in interrelated blue governance topics or emerging blue economy activities and/or marine/coastal conservation. Those applicants with experience and/or interest in the governance and socioeconomic implications of blue carbon, deep-sea/seabed mining, aquaculture/mariculture, and/or multiuse conflicts and planning at sea are especially encouraged to apply. Closing date for applications is 5 February 2023, as per this announcement.

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Vacancies: Endowed Chair at Monmouth University

The Wayne D. McMurray School of Humanities and Social Sciences at Monmouth University (NJ, USA) seeks an outstanding senior scholar for the Endowed Rechnitz Family / Urban Coast Institute Chair in Marine and Environmental Law and Policy. The Chair will have an expertise in environment, coastal and marine policy. This position will offer courses geared towards the overall environment as well as environmental law and policy. The successful applicant will be hired at the Associate or Full Professor level in the Department of Political Science and Sociology with the possibility of a joint appointment in another appropriate department at the university, as well as associated with the Urban Coast Institute (UCI). More information is available here.

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Vacancies: legal officer at ITLOS

The International Tribunal for the Law of the Sea, an international court with its seat in Hamburg, Germany, has opened the following vacancy: Legal Officer (P-4). Application deadline is 15 February 2023. More information is available here.

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Calls:  OGEL Special Issue on Carbon Capture and Storage

The journal Oil, Gas & Energy Law (OGEL) invites submissions for a Special issue focusing on Carbon Capture and Storage. This special issue will look at the key issues related to carbon capture, utilization, and storage, taking a multi-jurisdictional and multi-disciplinary perspective including both onshore and offshore projects. Topics of interest include: challenges with cross-jurisdictional projects, including CO2 pipelines, COshipments and offshore storage and international law of the sea. Papers should be submitted by the end of March 2023 to the editors. More information available in the call for papers.

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ICCAT: management procedure for Atlantic bluefin tuna adopted

The International Commission for the Conservation of Atlantic Tunas (ICCAT) has for the first time in its history adopted a management procedure for Atlantic bluefin tuna. This novel measure, which is the result of the extensive collaboration among scientists, managers and stakeholders, should ensure long-term, sustainable and profitable fisheries of both the western stock and eastern Atlantic and Mediterranean stock. New management measures were also agreed for both North and South Atlantic swordfish stocks. More information available in ICCAT’s press release (21 November 2022).

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OSPAR: consultation on the proposed expansion of the NACES MPA

The OSPAR Commission for the protection of the marine environment of the North-East Atlantic (OSPAR) is seeking views on whether to extend the North Atlantic Current and Evlanov Sea basin Marine Protected Area (NACES MPA) to cover the seabed and other species and habitats. This consultation, that starts on 1 December 2022 for a period of 3 months, invites views on new evidence presented in the revised nomination proforma that seeks to demonstrate clear linkages between the benthic and pelagic systems, explaining why this site is so important for seabirds and other species. More information is available here.

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Vacancies: Postdoctoral Fellow at University of Bergen

The Faculty of Law at the University of Bergen (UiB) and The Norwegian Centre for Hydrogen Research (HyValue) are recruiting a Postdoctoral Fellow in energy and business law. Applicants are encouraged to submit a project proposal on regulatory aspects related to hydrogen and ammonia transport (in pipelines or ships), storage, and contracts. Closing date for applications is 8 January 2023. More information is available here.

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Events: International Law and the Nord Stream Leaks

The Sasakawa Global Ocean Institute of the World Maritime University (Sweden) will host a webinar on International Law and the Nord Stream Leaks, to take place on Friday November 18 at 14.00-15.30 CET. The webinar will take the form of a roundtable discussion. More information and a link to register can be found here.

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Vacancies: tenure-track appointment at Dalhousie University

The Schulich School of Law, Dalhousie University (Canada), invites applications for a probationary tenure-track, tenure-track or tenured appointment at the rank of Assistant, Associate or Full Professor in the areas of Environmental Law, Climate Change and Energy Law, Environmental Impact Assessment, and Oceans LawThe selected candidate is expected to advance the research, teaching and graduate and post-doctoral supervision activities of our Marine and Environmental Law Institute and the associated Marine and Environmental Law Program. Closing date for applications is 17 November 2022. More information is available here.

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Events: Preparing for Sea Level Rise

The School of Law of the University of Lisbon (Portugal) is hosting a conference entitled Preparing for Sea Level Rise. This event is set to happen in Lisbon on 18 November 2022. The program of the event is available here.

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Vacancies: Lecturer/Senior Lecturer at University of Wollongong

The Australian National Centre for Ocean Resources and Security (ANCORS) at the University of Wollongong (Australia) is advertising a position for a lecturer or senior lecturer. The successful applicants are expected to support a range of research and capacity-building activities through the Indo-Pacific region. Closing date is 29 November 2022; more information is available here.

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New Zealand: moratorium on deep seabed mining backed

The Government of New Zealand announced its support to a conditional moratorium on deep sea mining in areas beyond national jurisdiction until environmental rules are agreed and backed up by science. The decision follows a review of progress on regulations for deep sea mining in the area managed by the International Seabed Authority, who has a July 2023 deadline to complete the regulations, or Mining Code, before mining applications can be submitted. More information on this announcement can be found in the press release from the Minister of Foreign Affairs. This announcement goes in the same direction of a motion by IUCN (see De Maribus report here) and of a decision from the Parliament of Belgium (see De Maribus report here)

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Events: Filling the legal toolbox for working towards ocean sustainability

The Netherlands Institute for the Law of the Sea (NILOS) and the Utrecht University Centre for Water, Oceans and Sustainability Law (UCWOSL), in collaboration with the Centre for International Law (CIR) of the Ministry of Foreign Affairs of the Kingdom of the Netherlands, are organizing a workshop entitled Filling the legal toolbox for working towards ocean sustainability: UNCLOS, UNCLOS 2.0 and/or what else? This event is set to take place on 17 and 18 November 2022, in The Hague (Netherlands). Further information about registration, as well as the program of the event, is available here.

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Vacancies: legislative drafting services for British Virgin Islands

The Government of the Virgin Islands is inviting candidates to submit Expressions of Interest to create a specialist panel to provide legislative drafting services for the comprehensive review of the maritime laws of the British Virgin Islands. The primary objective of this undertaking is to create a Legislative Drafting Maritime Panel consisting of individuals who can efficiently and effectively provide the required legal drafting services to the Government to draft the primary and subsidiary legislation required to give effect to the review of the British Virgin Islands’ maritime laws, to undertake peer review of drafts produced by other drafters as part of the Project and to liaise with them on their projects where appropriate. Expressions of Interest must be submitted no later than 26 September 2022. For further information consult the Virgin Islands Shipping Registry press release.

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ECOWAS: Supplementary Act on piracy suspects adopted

The Economic Community of West African States (ECOWAS) adopted the Supplementary Act on the Conditions of Transfer of Persons Suspected of Having Committed Acts of Piracy and Their Associated Property and / or Evidence. This adoption was decided at the 61st Ordinary Session of the Authority of Heads of State and Government on 3 July 2022, in Accra, Ghana. According to the ECOWAS communiqué, the purpose of this initiative is to further strengthen the gains made in securing the region’s maritime domain from acts of piracy. The Act serves to facilitate the transfer of piracy suspects and the associated property and/or evidence to member states with the appropriate legal framework to ensure ‘legal finish’ with the prosecution of piracy, while ensuring compliance with applicable international human rights law, including the treatment of suspected or transferred persons, as well the inclusion of provision on death penalty to safeguard that no transferred person or persons are subjected to death sentence for acts of piracy. More information is available in a press release from the United Nations Office on Drugs and Crime.

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Events: IFLOS Maritime Talks 2022

The International Foundation for the Law of the Sea is organizing the 2022 Maritime Talks. The subject of this year is Security, Safety, and Freedom of Navigation through Straits. The event takes place on 24 September 2022 in Hamburg, Germany. More information can be found on the event poster.

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Vacancies: postdoc and assistant professor at Aalborg University

The Centre for Blue Governance (CBG) at Aalborg University (Denmark) has opened two academic positions. One position is for a postdoctoral researcher in marine affairs and arctic studies. Deadline for applications is 15 August 2022 (see here). The other position(s) is for assistance professor in diverse blue governance areas, which may include ecosystem-based marine management, EU marine policies, citizen science and biodiversity, maritime transportation, and policies on emerging blue economy sector. Deadline for applications is 15 September 2022 (see here).

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Vacancies: Research Associate at IASS Potsdam

The Institute for Advanced Sustainability Studies (IASS) at Potsdam (Germany) has opened two positions for Research Associate. In one of the positions, the successful applicant will contribute to the project Marine Systems Approaches for Biodiversity Resilience and Ecosystem Sustainability (Marine SABRES) and Sources to Seas – Zero Pollution 2030 (SOS-ZEROPOL2030). More information here. In the other position, the successful applicant will contribute to the project Coherent and Cross-compliant Ocean Governance for Delivering the EU Green Deal for European Seas (CrossGov) and Multi-layer Governance of Marine Policies (PermaGov). More information here. Deadline for application is 29 August 2022.

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Courses: International Maritime and Transport Law

The Inter University Centre of Dubrovnik (Croatia) is hosting a course entitled International Maritime and Transport Law Transport Law De Lege Ferenda. The course takes place 5-9 September 2022. Applications are open here; more information is available here and in the course program.

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Events: Marine Justice and Right to Science

The Observatorio para la Gobernanza Marino Costera (Colombia) is hosting a side event at the United Nations Ocean Conference 2022 entitled Marine Justice and Right to Science. The event takes place 30 June 2022, and it shall be held in English with simultaneous translation into Spanish. See program and registration.

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CJEU: Case C-700/20 (London Steam-Ship Owners’ Mutual Insurance Association Limited v. Kingdom of Spain) judgment delivered

The Court of Justice of the European Union (CJEU) delivered judgment on Case C-700/20 (London Steam-Ship Owners’ Mutual Insurance Association Limited v. Kingdom of Spain). This corresponds to a request for a preliminary ruling from the High Court of Justice (England & Wales), Queen’s Bench Division (Commercial Court) (United Kingdom). The case relates to the Prestige sinking, and the CJEU found that arbitration proceedings initiated in the United Kingdom cannot block the recognition of the Spanish judgment ordering the insurer to pay compensation for the damage caused by the oil spill (see previous De Maribus report).

The CJEU held that Regulation No 44/2001 (on jurisdiction and the recognition and enforcement of judgments in civil and commercial) must be interpreted as meaning that a judgment entered by a court of a Member State in the terms of an arbitral award cannot prevent, in that Member State, the recognition of a judgment given in another Member State where a judicial decision resulting in an outcome equivalent to the outcome of that award could not have been adopted by a court of the first Member State without infringing the provisions and the fundamental objectives of that regulation, in particular as regards the relative effect of an arbitration clause included in the insurance contract in question and the rules on lis pendens. In doing so, the Court ensures, in essence, that those provisions and fundamental objectives cannot be circumvented by means of arbitration proceedings followed by judicial proceedings seeking to have the terms of the arbitral award entered in a judicial decision.

The judgment (20 June 2022) may be found here and the Opinion of the Advocate General (5 May 2022) is available here. See also the CJEU press release.

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WTO: Agreement on Fisheries Subsidies adopted

The World Trade Organization (WTO) adopted the Agreement on Fisheries Subsidies, to be inserted in the Marrakesh Agreement Establishing the World Trade Organization via an amendment (see previous De Maribus report). The decision to adopt this agreement was reached on 17 June 2022 at the WTO Twelfth Ministerial Conference. The Agreement on Fisheries Subsidies includes rules prohibiting subsidies to illegal, unreported and unregulated (IUU) fishing (Article 3), to the fishing of overfished stocks (Article 4), and to fishing on the high seas outside the control of regional fisheries management organizations (Article 5). See the text of the agreement (reference WT/MIN(22)/W/22). Access the draft text and explanatory note here. Access the chair’s full statement here. See also the press release from the WTO on the “Geneva Package”.

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Croatia/Italy: EEZ delimitation agreed

The Governments of Croatia and of Italy have signed on 24 May 2022 an agreement on the delimitation of their exclusive economic zones. See press release from the Government of Croatia and press release from the Government of Italia; see also the text of the agreement, which posits that if a dispute is not settled through direct consultations or negotiations, either Party may submit the dispute to ITLOS, the ICJ or an UNCLOS Annex VII Arbitral Tribunal (see Italian version here).

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IMO: Mediterranean Sea SOx ECA approved

The 78th session of the Marine Environment Protection Committee (MEPC 78) of the International Maritime Organization (IMO), which convened on 6-10 June 2022, approved the designation of the Mediterranean Sea Emission Control Area for Sulphur Oxides and Particulate Matter (Med SOx ECA) under regulation 14 of Annex VI to the International Convention for the Prevention of Pollution from Ships (MARPOL). The formal designation of the Med SOx ECA will be put forward for adoption at the 79th session of MEPC due to take place on 12-16 December 2022. MEPC 78 granted its approval after considering the joint and coordinated proposal to designate the Mediterranean Sea, as a whole, as an Emission Control Area for Sulphur Oxides, which was submitted by all Mediterranean coastal States, along with all Member States of the European Union, and the European Commission. The submission of this proposal was agreed in December 2021 within the framework of the Mediterranean Action Plan of the UN Environment Programme (UNEP/MAP) at COP 22 of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention). The amendment could enter into force in mid-2024, with the new limit taking effect from 2025. See IMO press release and UNEP press release.

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Calls/Events: Transitions in Climate Arctic Governance

The interdisciplinary Climate Arctic Governance (CArGo) research network welcome proposals for paper and poster presentations at a conference on Transitions in Climate Arctic Governance. The event will take place in Copenhagen, Denmark, on the 16 September 2022. The conference aims to explore the different transitions within Arctic climate governance, which are necessary to address the increasing societal, climate and sustainability challenges the Arctic is facing. The conference will focus on Arctic socio-economic systems and the different legal, political, geographical and cultural regimes at play. In particular, the conference centers around the Arctic governance landscape, paying specific attention to the current geopolitical situation. Further, it will examine the topics of Arctic shipping, climate vulnerability, and natural resources in the Arctic. Deadline to submit proposals is 1 August 2022. More information is available here.

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USA: Ocean Shipping Reform Act passed by Congress

The Congress, the legislature of the federal government of the United States of America, passed on 13 June 2022 the Ocean Shipping Reform Act. This bill revises requirements governing ocean shipping to increase the authority of the Federal Maritime Commission (FMC) to promote the growth and development of U.S. exports through an ocean transportation system that is competitive, efficient, and economical. For example, the bill requires the FMC to (1) investigate complaints about detention and demurrage charges (i.e., late fees) charged by common ocean carriers, (2) determine whether those charges are reasonable, and (3) order refunds for unreasonable charges. It also prohibits common ocean carriers, marine terminal operators, or ocean transportation intermediaries from unreasonably refusing cargo space when available or resorting to other unfair or unjustly discriminatory methods. See the text (reference S.3580) as approved by the U.S. Congress.

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Canada/Denmark: Hans Island/Tartupaluk maritime boundary dispute resolved

The Minister of Foreign Affairs of Canada and the Minister for Foreign Affairs of Denmark, along with the Prime Minister of Greenland, signed on 14 June 2022 an agreement resolving outstanding boundary issues over Tartupaluk/Hans Island, the maritime boundary on the continental shelf within 200 nautical miles, including Lincoln Sea, and the continental shelf beyond 200 nautical miles in Labrador Sea. The present agreement incorporates a tentative agreement from 2012 and establishes a modernized single maritime boundary within 200 nautical miles from Lincoln Sea in the north to Labrador Sea in the south – almost 3,000 km. The agreement also establishes a binding boundary line in the overlapping area of the outer continental shelf, which represents an equitable solution, consistent with article 83 of UNCLOS. See press releases from MFA Canada and MFA Denmark.

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Vacancies: internship at The Oceans Cleanup

Nonprofit engineering environmental organization The Oceans Cleanup has opened an internship position on Global Affairs. The successful candidate is expected to inter alia carry out research on particular points of environmental law related to the Ocean and/or waste management. Closing date for applications is 31 July 2022. More information is available here.

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Vacancies: Research Associate at the National University of Singapore

The Centre for International Law (CIL) at the National University of Singapore (NUS) is seeking applications for a Research Associate for a period of two years from candidates with an LLM related to public international law, law of the sea or maritime law and a demonstrable interest in oceans law and policy. The position is hosted by the Oceans Law and Policy Team. Applications close on 15 July 2022. More information is available here.

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Events: Fair and Equitable Deep Seabed Mining

Law firm Volterra Fietta shall host a seminar entitled Fair and Equitable Deep Seabed Mining. This seminar will address the various issues arising from the fair and equitable distribution of deep seabed mining’s financial and other benefits, including as they pertain to the notion of equitable distribution, the transfer of technology, the Enterprise and the Deep Seabed Mining Code. This event will take place on 16 June 2022; for more information see here.

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Events: Dispute resolution under UNCLOS

Law firm Volterra Fietta shall host a seminar entitled Dispute resolution under UNCLOS. This seminar will address various aspects of the UNCLOS dispute resolution system, namely: creativity in such dispute settlement, clarification of the law of the sea through dispute settlement, influencing dispute settlement under UNCLOS, comparisons between the different dispute settlement mechanisms under UNCLOS and how the dispute settlement system might be used to interpret UNCLOS in light of technological developments. This event will take place on 9 June 2022; for more information see here.

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Vacancy: Associate Legal Officer at ITLOS

The International Tribunal for the Law of the Sea, an international court with its seat in Hamburg, Germany, has opened the following vacancy: Associate Legal Officer (P-2). Application deadline is 28 June 2022. More information is available here.

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Calls: Implementing “Fit for 55”

The InterTran Research Group for Sustainable Law and Business, at the University of Helsinki and Turku School of Economics (Finland) welcomes proposals for extended abstracts to be presented at the upcoming international conference on Implementing Fit for 55 – The right Logistics and Transport Infrastructure for a Net Zero-Carbon Future. The Nordics at the Helm? The event is organized in collaboration with the Finnish Swedish Chamber of Commerce (FINSVE) and the Institute for Sustainability Science at the University of Helsinki (HELSUS). The conference will include presentations by invited participants (August 24) as well as by extended abstracts selected in the course of this call (August 25). Deadline for submission of abstracts is 20 June 2022. More information can be found in the call and here.

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BS MoU: Interim Guidance on Repatriation of Seafarers due to the Conflict in Ukraine published

The Secretariat of the Memorandum of Understanding on Port State Control in the Black Sea Region (BS MoU), have agreed on an interim guidance on the issue of repatriation of Ukrainian seafarers, creating a common approach for implementing inspection activities in respect to the repatriation of seafarers. Inter alia, the document encourages Port State Cntrol Officers to show “flexibility” and adopt a “pragmatic approach”, all the while considering that the port State should be assured that seafarers with certificates of competency and associated documentation issued by Ukraine might face difficulties when seeking their renewal. This Interim Guidance on Repatriation of Seafarers due to the Conflict in Ukraine published 10 May 2022 by the BS MoU is available here. A press release from BS MoU dated 19 April 2022 is here.

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Events: maritime boundary delimitation in practice

Law firm Volterra Fietta is organizing a seminar entitled Maritime boundary delimitation in practice. This event will address will discuss how States and private companies alike can better understand and negotiate, and if necessary, plead maritime boundary delimitation in the most sophisticated and detail-oriented ways. The event will take place on 18 May 2022. For more information, see here

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Vacancies: Postgraduate Researcher at the University of Greenwich

The University of Greenwich (U.K.), with the support of NGO Human Rights at Sea, is offering a scholarship for a postgraduate researcher to address the relationship between International Human Rights Law (IHRL), the Law of the Sea and those other bodies of law of relevance within the maritime environment. The applicant must address the application of IHRL, the monitoring of human rights standards, compliance with and enforcement of the law. Closing date for applications is 30 June 2022. More information is available here and here.

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Calls: Non-use measures for global goods and commons in international law

The Netherlands Institute for the Law of the Sea (NILOS) and the Utrecht Center for Water, Oceans and Sustainability Law (UCWOSL) of Utrecht University, in collaboration with the Royal Netherlands Institute for Sea Research (NIOZ), are organizing the workshop “Non-use measures for global goods and commons in international law”, which will take place on 8-9 May 2023 in Utrecht, The Netherlands. The workshop intends to look at a selection of non-use measures (e.g., bans, moratoria, closed areas) to better understand how specific non-use measures were adopted (or not) and with what effects, and to consider the potential for success of proposals currently under discussion or consideration. Non-use measures related to four themes will be discussed: marine living resources, Antarctica, areas beyond national jurisdiction at sea, and the atmosphere and outer-space. The deadline to submit an abstract is 31 July 2022. More information is available here.

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Events: International Fisheries Law Conference 2022

The University of the Faroe Islands and the Law of the Sea Institute of Iceland are organizing a conference entitled Persistent and Emerging Challenges in International Fisheries Law. This conference will focus on challenges that emerge and those that persist in international fisheries law, including IUU fisheries related matters, institutional mechanisms in RFMOs, jurisdictional aspects in regard to fisheries disputes, substantive aspects in regard to disputes on the conservation and management of transboundary fish stocks, trade related measures with respect to fisheries resources and fisheries related matters concerning BBNJ. The event shall be held in the Faroe Islands, at Kongshøll, on 23 – 25 June 2022. Early bird registration deadline is 15 May 2022. More information is available here.

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Vacancies: Associate Professor in Law at University of Tromsø

The Faculty of Law of UiT, The Arctic University of Norway, opened a position for an Associate Professor, with primary teaching duties in international law of the sea and environmental law. Closing date for applications is 23 May 2022. More information is available here.

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Calls: NCLOS Conference 2022

The Norwegian Centre for the Law of the Sea (NCLOS), at the Faculty of Law of UiT, The Arctic University of Norway, has launched a call for papers for its annual Conference, which will be organized in Tromsø, Norway, November 23-24, 2022. NCLOS invites papers addressing the Conference theme “Ocean Space”, broadly constructed. Examples of topics that would fall within the scope of the Conference includes the spatial architecture constructed by the law of the sea; challenges posed by ocean connectivity of currents, species, domains etc.; integrated ocean management; marine spatial planning; protection and preservation of the marine environment in the land-sea interface; limits and possibilities of thinking land and sea together within and beyond the LOSOG framework; effects of emerging issues threatening the marine environment, such as climate change, marine plastic pollution, ocean acidification etc. More information is available here.

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Courses: Kadir Has Law of the Sea Summer Academy 2022

Kadir Has University in Istambul (Turkey) is hosting this years edition of its international law of the sea summer academy on 18-29 June 2022. The theme is the 40 years of the United Nations Convention on the Law of the Sea. Registration is now open with early application deadline by 15 May 2022; the program and further information is available here.

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USA: Coast Guard Authorization Act of 2022 passed by House of Representatives

The United States House of Representatives passed the Don Young Coast Guard Authorization Act of 2022 to authorize appropriations for the Coast Guard, and for other purposes. Inter alia, this amendment provides the following amendments on “Manning and Crewing Requirements for Certain Vessels, Vehicles and Structures” (see Sec. 419):

The Secretary may provide an exemption (…) to the owner or operator of a covered facility if each individual who is manning or crewing the covered facility is – (1) a citizen of the United States; (2) an alien lawfully admitted to the United States for permanent residence; or (3) a citizen of the nation under the laws of which the vessel is documented.
(…)
An exemption under this subsection is an exemption from the regulations established pursuant to section 30(a)(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 1356(a)(3)).
(…)
An exemption under this section – (1) shall provide that the number of individuals manning or crewing the covered facility (…) (a) may not exceed two and one- half times the number of individuals required to man or crew the covered facility under the laws of the nation under the laws of which the covered facility is documented; and (2) shall be effective for not more than 12 months, but may be renewed by application to and approval by the Secretary.
(…)
The term ‘covered facility’ means any vessel, rig, platform, or other vehicle or structure, over 50 percent of which is owned by citizens of a foreign nation or with respect to which the citizens of a foreign nation have the right effectively to control, except to the extent and to the degree that the President determines that the government of such foreign nation or any of its political subdivisions has implemented, by statute, regulation, policy, or practice, a national manning requirement for equipment engaged in the exploring for, developing, or producing resources, including non-mineral energy resources in its offshore areas.

This Bill also imposes the purchase of automatic identification systems for fishing vessels, fish processing vessels, fish tender vessels more than 50 feet in length (see Sec. 307). The Bill was received in the United States Senate on 30 March 2022 and referred to the Committee on Commerce, Science, and Transportation. A full version of Bill H.R. 6865 may be found here.

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Norway: conviction in ship-breaking case upheld by Court of Appeal

A Court of Appeal in Norway (Gulating Lagmannsrett) confirmed the prison sentence of a ship owner for aiding and abetting the attempt to export a ship to Pakistan for scrapping, in violation of the Norwegian Pollution Control Act. The Court of Appeal found that it makes little difference to the criminality of the act if a shipowner himself sells the ship directly to a scrapper on the beach in Gadani, or sells to an intermediary and criminally contributes to its export and scrapping. Further information may be found in this press release from the Norwegian National Authority for Investigation and Prosecution of Economic and Environmental Crime (Økokrim). The background history on the case of this ship – the Harrier – was also published by the NGO Shipbreaking Platform.

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UK: consultation on the development of an Emissions Trading Scheme open

The Emissions Trading Scheme Authority of the United Kingdom (UK ETS) is seeking stakeholder views on proposals to develop the UK ETS which operates across England, Scotland, Wales and Northern Ireland. This call is of particular interest to individual companies and representatives of the maritime sector as Chapter 7 sets out proposals to expand the scope of the UK ETS to the domestic maritime sector. UK ETS replaced the UK’s participation in the EU ETS on 1 January 2021. This consultation is open until 17 June 2022; more information available here.

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UK: responses to the consultation on the draft nuclear ships regulations published

The Maritime and Coastguard Agency (MCA) of the United Kingdom (UK) has published a summary of the responses to a consultation on the proposed Merchant Shipping (Nuclear Ships) Regulations. MCA had opened this consultation in August 2021 seeking views to assist in transposing Chapter VIII in the Annex to the International Convention for Safety of Life at Sea, 1974 (‘SOLAS’ or ‘the Convention’) into UK law. Views were also sought on the accompanying draft Marine Guidance Notice. The UK Government now intends to make the Regulations and bring them into force by the autumn of 2022. The Marine Guidance Note will be finalised and published at that time. A summary of the responses to that consultation is available here.

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UK/EU/Canada: entry into port banned for Russian vessels

The United Kingdom (UK) banned Russian owned, operated, controlled, chartered, registered or flagged ships from entering UK ports. The ban entered into force on 1 March 2022 (see The Russia (Sanctions) (EU Exit) (Amendment) (No. 4) Regulations 2022 here and here). See also the UK Department of Transport‘s press release.

The European Parliament adopted on 1 March 2022 a resolution (2022/2564(RSP)) calling for ports of European Union (EU) Member-States to block Russian vessels from entering. This call specifies that the ban should include “ships whose last or next port of call is in the Russian Federation, except in the case of necessary justified humanitarian reasons”.

Canada is also preparing to ban Russian vessels from entering its ports. A press release from the Government of Canada on the matter can be found here .

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UNEP: resolution on binding legal instrument for plastic pollution adopted

The United Nations Environment Assembly of the United Nations Environment Programme adopted on 2 March 2022 a resolution deciding that “the intergovernmental negotiating committee is to develop an international legally binding instrument on plastic pollution, including in the marine environment, which could include both binding and voluntary approaches“. The resolution, entitled “End Plastic Pollution: Towards an internationally legally binding instrument”, was adopted with the conclusion of the three-day UNEA-5.2 meeting. More information is available here and here. A draft version of the resolution can be read here.

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Events: Coopération en Méditerranée et droit de la mer

The Aegean Institute of the Law of the Sea and Maritime Law is hosting an online event entitled Coopération en Méditerranée et droit de la mer. The conference will be held via Zoom on Friday 4 March 2022. More information is available here.

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EU: new legislative proposal on illegal discharges from ships under preparation

The European Commission (executive branch of the European Union) is preparing a new legislative proposal revising the Ship-Source Pollution Directive, a common framework outlining how to deal with illegal discharges from ships. This initiative aims at preventing marine pollution by ensuring that any natural or legal persons responsible for the discharge of polluting substances into EU waters are subject to adequate penalties. A public consultation is ongoing, divided into two sections: the first gathers views from citizens and the second targets experts and relevant stakeholders. The consultation is open until 3 March 2022. More information is available here.

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Filed under International Organizations, Surveys

Events: la proclamazione della Zona Economica Esclusiva italiana

The Università degli Studi di Napoli L’Orientale (Italy) is hosting a seminar on the proclamation of the Italian EEZ, its current problems and future perspectives. The event is sponsored by ASSIDMER and takes place on 27 January 2022. More information here.

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Filed under Events