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).
Author Archives: N.F. Coelho
Moot Court: Chinese Society of the Law of the Sea, 2018
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.
Filed under Competitions
Call for papers: The EU as a Global Actor in Maritime Security
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.
Call for papers: Recent Developments on the Law of the Sea
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.
Summer School: EULoS 2018
The Università Degli Studi Di Genova is hosting the fourth edition of the summer school on European Union and the Law of the Sea (EULoS). The event will take place in Genoa, Italy, on 27 August – 7 September 2018. The lectures are divided in four sections: introductory notions, safety and security in international and EU law, individuals at sea and marine environmental protection. Aside the teaching activities, the summer school features a visit to the Italian Navy’s Hydrographic Institute. This course has been credited by the Department of Law of the University of Genoa with 9 ECTS. Registration is open from 1 May – 3 August 2018. More information is available here.
Filed under Courses
Yeosu Academy 2018
The Korea Maritime Institute is hosting the fifth edition of the Yeosu Academy of the Law of the Sea. This event will take place in Yeosu, South Korea, and will last two weeks, from 27 August – 7 September 2018. The academy is part of a broader project that aims to provide support to developing countries in building their capacity for managing climate change and its impact on the marine environment. It is made up of two parts: the first provides an overview of the basic concepts of the law of the sea and principles of ocean governance and the second focuses on their practical implementation. Applications are to be submitted until 25 July 2018. More information is available in this brochure or here.
Filed under Courses
UK: consultation on the Third Tranche of Marine Conservation Zones launched
The government of the United Kingdom has launched (8 June 2018) a consultation seeking views on plans to designate 41 Marine Conservation Zones (MCZs) around the UK and views on proposed new features to be added to 12 existing MCZs. The new sites will reach right the way across England’s coastline – from the South West to Berwick on the Scottish border, with two sites in Northern Irish offshore waters. No new activities deemed damaging will be allowed to take place in these areas. Existing harmful activities will be minimised or stopped to allow important habitats to be restored over time. The proposed network will cover approximately 11,700 km2, bringing the total area of protection to over 32,000 square km. The consultation, which terminates on 20 July 2018, is held here. More information is found here.
Filed under State Practice
Arctic Council: Agreement on Enhancing International Arctic Scientific Cooperation enters into force
The Agreement on Enhancing International Arctic Scientific Cooperation has entered into force on 23 May 2018. This legally binding agreement was signed last year by the eight members of the Arctic Council. The purpose of this agreement is “to increase effectiveness and efficiency in the development of scientific knowledge about the Arctic”, namely by facilitating access to “civilian research infrastructure and facilities and logistical services”, to the “Identified Geographic Areas” and to “scientific information”. The document calls for each party to designate a “competent national authority” as a point of contact to facilitate communication between and among parties. The text of the agreement may be found here. More information about the signature may be found here (USA), here (Canada) and here (Russian Federation).
The “Identified Geographic Areas” of the Agreement. Source: USA Department of State.
Filed under International Organizations, State Practice
Conference: European Maritime Day 2018
The European Union is organizing the European Maritime Day, which will take place in Burgas, Bulgaria. This year’s edition will feature a debate on how to spur sustainable blue growth, generate investment and increase cooperation for an economic boom of the Black Sea region. It will also include a session on how to facilitate access to EU funds for Blue Growth and Sea-basin-cooperation projects. The event takes place on 31 May and 1 June 2018. The plenary sessions will be webstreamed. The programme of the event may be found here.
Filed under Events
IMO: Special Event on Ports + World Port Security Summit
The International Maritime Organization (IMO) is hosting a couple of events on port security. The 11 June 2018 special event on ports will maintain the focus of IMO’s World Maritime Day theme for 2017 “Connecting Ships, Ports and People” through a programme of presentations (the outline of the sessions is available here). This will be followed by a symposium on port security operations (12-13 June), co-hosted with the International Organization of Airport & Seaport Police (INTERPORTPOLICE). This second event will focus on the exchange of best practices on port security and law enforcement. More information about these events may be found in the IMO Circular Letter No. 3815 and also here (IMO) or here (INTERPORTPOLICE).
Filed under Events, International Organizations
Cape Verde: regime for the protection and conservation of marine turtles enters into force
The special legal regime for the protection and conservation of marine turtles has entered into force on 22 May 2018. It aims to provide legal protection to any turtle that frequents the maritime zones under the jurisdiction of Cape Verde, as well as derived products. This regime establishes, among other “crimes against the marine turtles” (Art. 20), that penalties shall apply to the consumption of meat, eggs or any remains or parts of marine turtle. The law (Decreto-Legislativo n.º 1/2018), may be found here (in Portuguese).
Filed under State Practice
Seminar: Conservation and Sustainable Use of the Ocean – Supportive Technologies and Future Trends
The World Maritime University (WMU) and the University of Nantes, will jointly hold a scientific seminar on the theme: Conservation and Sustainable Use of the Ocean – Supportive Technologies and Future Trends. The two-day seminar will include presentations and discussions on Marine Spatial Planning & Blue Growth, Safety Aspects of Exploitation Activities, and issues surrounding Shipping in the Era of Digitalisation including a session on Autonomous Vessels. The seminar is open to professionals and students working in the field of sustainable ocean management, marine spatial planning and maritime technologies. Simultaneous interpretation into French and English will be available. The event takes place at the WMU in Malmö, Sweden, from 29-30 August 2018. The program is available here.
Filed under Events
Japan: Third Basic Plan on Ocean Policy approved
The Government of Japan has approved (15 May 2018) a new Basic Plan on Ocean Policy. Since its first adoption in 2008 (English version here), the ocean policy has been reviewed every five years. In this third stage of the document, reference is made for the first time to an Arctic policy and targets are defined for Japan to become “a new oceanic state”. The “Maritime Domain Awareness” capacity is strengthened and this item receives an independent treatment. In the item “Comprehensive Maritime Security”, the document refers to the strengthening of the “Coast Guard System”. The document also highlights other goals, such as methane hydrate development, the establishment of rules on the use of maritime zones and the improvement of the accuracy of resource evaluation. The official announcement of the approval of this document may be found here (video in Japanese). All the relevant documents of the approval process are here (in Japanese). The outline of the plan is here (in English).
Filed under State Practice
EU: Commission approves Portuguese tonnage tax and seafarer scheme
The European Commission has approved under EU State aid rules a Portuguese tonnage tax scheme. Under this scheme, maritime transport companies will pay taxes on the basis of the net tonnage (i.e. the size of the shipping fleet) operated in maritime transport activities rather than on the basis of their taxable profits. In addition, for certain more environmentally-friendly ships, companies can achieve an additional reduction of 10% to 20% of the tax base under the tonnage tax scheme. Moreover, a seafarer scheme exempts seafarers employed on vessels that are eligible under the tonnage tax scheme from paying personal income tax. It also allows them to pay reduced rates of contribution for social insurance. Both the tonnage tax and seafarer schemes will remain in force for ten years. More information is available here. The proposal of the scheme (Proposta de Lei 111/XIII) may be found here (in Portuguese).
Filed under International Organizations, State Practice
Paris MoU: letter of warning on new maximum limits for sulphur in ships issued
The Paris Memorandum of Understanding on Port State Control (Paris MoU) agreed to issue a “Letter of Warning”, starting 1 January 2019, to ensure compliance with the new maximum limits for sulphur in ships fuel oil set by the IMO and which will enter into force a year after that date. The approval of this “information campaign” occurred at the organization’s 51st Committee meeting (7-11 May 2018) where the organization also approved the questionnaire for the Concentrated Inspection Campaign (CIC) on MARPOL Annex VI to be carried out jointly with the Tokyo MoU. More information on the outcome of this meeting may be found here.
Filed under International Organizations
Norway: emissions from cruise ships and ferries in World Heritage fjords to be halted
The Norwegian Parliament (Storting) has called on the government to implement requirements and regulations for emissions from cruise ships and other maritime traffic in tourist resorts as well as other suitable means to ensure phasing-in of low-and-zero emissions solutions in the shipping industry by 2030. This includes introducing a zero emissions threshold for ferry ships and ferries in the World Heritage fjords as soon as it is technically feasible, and no later than 2026. The decision is part of a broader set of recommendations from the Energy and Environment Committee on the climate strategy for 2030 to cut Norwegian greenhouse gas emissions. Those recommendations (3 May 2018) may be found here (in Norwegian).
Filed under State Practice
EU: proposal on recovery plan for Mediterranean swordfish approved by the EC
Filed under International Organizations, State Practice
Workshop: Mapping the Arctic Ocean
The K. G. Jebsen Centre for the Law of the Sea will host a workshop entitled Mapping the Arctic Ocean: An Interdisciplinary Workshop to Map the Frontiers of Knowledge. The workshop is based upon the idea that multiple ways of ‘mapping’ exist (scientific, legal…). The workshop’s goal is to explore how different types of mapping manifest and interact with each other in the Arctic Ocean. This event is set to happen on 5 June 2018 in Tromsø, Norway. More information is available here.
Filed under Events
IOI: Training Programme on Regional Ocean Governance for the Mediterranean, Black, Baltic and Caspian Seas
The International Ocean Institute shall host its Training Programme on Regional Ocean Governance for the Mediterranean, Black, Baltic and Caspian Seas, 4 November – 7 December 2018, in Malta. The course will cover the international ocean legal framework and related conventions, ocean resource management and exploitation issues, negotiation skills and a policy-simulation exercise at the end. Furthermore, the course will address topical issues such as ocean literacy, marine litter and microplastics, the latest progress in Areas Beyond National Jurisdiction (ABNJ) as well as a seminar on Marine Genetic Resources (MGRs) and include two field visits (Grand Harbour and Gozo), GIS lab sessions and a training session on Marine Spatial Planning. Applications are welcome until 3 September 2018. For more information see here, the application form and course brochure.
Filed under Courses
UNECE: “Inland Navigation in a Global Setting” declaration adopted
Ministers of member states of the United Nations Economic Commission for Europe have adopted a declaration entitled Inland Navigation in a Global Setting. This adoption took place at the International Ministerial Conference on Inland Water, on 18 April 2018. The declaration sets forth a number of strategic actions to improve the competitive position of inland waterways across the globe with the aim of creating a sustainable future for inland navigation. The declaration stresses, among other things, the need for an appropriate regulatory frameworks, and the role that the United Nations Conventions for the sector can play in developing them. The declaration may be found here and more information on the subject may be found here.
Filed under International Organizations
Call for papers: Congress of Maritime, Port and Customs Law
The Maritime Law Academy in Santos, Brazil, has published a call for papers for its 2nd Congress of Maritime, Port and Customs Law. The event is set to take place on 26-28 of July 2018. Papers may focus on topics such as shipping contracts, sovereignty and jurisdiction at sea, oil and gas, environmental law as well as port and customs law. Papers may be sent in Portuguese, Spanish or English. They should be sent until 26 of April 2018. More information is available here (in Portuguese).
Workshop: Negotiating Maritime Boundaries
The Centre for International Law (CIL) of the National University of Singapore (NUS) and the Australian National Centre for Ocean Resources and Security (ANCORS) of the University of Wollongong are organising the 2018 CIL-ANCORS Workshop on Negotiating Maritime Boundaries. The workshop will focus on the practical issues faced by government officials when negotiating maritime boundary agreements. The workshop will consist of a combination of interactive lectures and supervised practical exercises in which participants will obtain hands-on experience working in teams to negotiate a maritime boundary between two fictitious states. This event will be held 3-5 July 2018 in Singapore. More information is available here.
Filed under Events
Call for papers: Frontiers in Ocean Environmental Governance: Private Actors, Public Goods
The Center for Enterprise Liability (CEVIA), the Center for International Law, Conflict and Crisis (CILCC), the Frank Guarini Center, the Center for International Governance Innovation (CIGI), and the European Network Ocean Governance for Sustainability (OceanGov) are welcoming proposals for paper presentations at the II TRAMEREN’s International Conference entitled Frontiers in Ocean Environmental Governance: Private Actors, Public Goods. The event will feature five thematic sessions: Emerging Issues in International Oceans Governance and Private Actors, Sustainable Fisheries and Marine Resource Use, Maritime Transport, The Arctic and Seabed Management. This will take place in Copenhagen, Denmark, on 17-18 September 2018 and proposals answering this call should be submitted by 15 May 2018. More information is available here.
Filed under Calls
Call for papers: Africa and the International Law of the Sea
The African Society of International Law is organizing its seventh annual conference in Antananarivo, Madagascar, on 26-27 October 2018. The topic of this year’s event is “Africa and the International Law of the Sea”. The call for papers features topics such as maritime delimitation in Africa, unresolved disputes over African islands, the economic exploitation of African maritime spaces, piracy in Africa or the effects of sea level rise on the baselines of African coastal states. Abstracts answering this call must be sent until 1 June 2018. More information may be found here.
Conference: 6th China-Nordic Arctic Cooperation Symposium 2018
The China-Nordic Research Center (CNARC) is organizing the another China-Nordic Arctic Cooperation Symposium, following previous years experience. The event will take place in Tromsø, Norway on 23-25 May 2018. The theme of this year’s edition is “Integrated Ocean Management in the Arctic”, focusing on overarching issues such as knowledge building, governance challenges, and science-governance interplay. The event will be comprised of three sessions, one on Fisheries Management in Arctic Waters, one on Marine Pollution, and one on Climate Change, Maritime Governance and Sustainability in the Arctic. More information about this event is available here.
Filed under Events
Netherlands: court finds criminal liability for export of ships as waste under EC Regulation 1013/2006
The Rotterdam District Court has condemned a shipping company for the illegal export of ships for scrapping. A set of related decisions dated 15 March 2018 has led to the company Seatrade being fined, and to a temporary professional ban issued against two of its executives. The Dutch public prosecutor considered as facts the sales of ships for demolition in India, Bangladesh and Turkey in 2012. One of the justifications for these decisions has been that the “harmful consequences of scrapping ships on the beaches of India and Bangladesh, in particular for the environment and health, are far-reaching.” (translated from the Dutch: “De schadelijke gevolgen van het slopen van schepen op de stranden van met name India en Bangladesh voor milieu en gezondheid, zijn verstrekkend”). These decisions were taken on the basis of Regulation (EC) Nr. 1013/2006 on the shipment of waste, which prohibits EU member-states from exporting hazardous waste to countries outside the OECD. The court interpreted Recital 35 of that Regulation, which states that “[i]t is necessary to ensure the safe and environmentally sound management of ship dismantling in order to protect human health and the environment” as encompassing ships of all flags fall under its scope. The cases may be found in the list below:
ECLI: NL: RBROT: 2018: 2108 Court of Rotterdam, 15-03-2018, 10 / 994550-15
ECLI: NL: RBROT: 2018: 2215 Court of Rotterdam, 15-03-2018, 10 / 997501-13
ECLI: NL: RBROT: 2018: 2216 Court of Rotterdam, 15-03-2018, 10 / 997504-13
ECLI: NL: RBROT: 2018: 2217 Court of Rotterdam, 15-03-2018, 10 / 994552-15
ECLI: NL: RBROT: 2018: 2218 Court of Rotterdam, 15-03-2018, 10 / 997503-13
ECLI: NL: RBROT: 2018: 2345 Court of Rotterdam, 15-03-2018, 10 / 994551-15
ECLI: NL: RBROT: 2018: 2348 Court of Rotterdam, 15-03-2018, 10 / 994548-15
ECLI: NL: RBROT: 2018: 2364 Court of Rotterdam, 15-03-2018, 10 / 994549-15
ECLI: NL: RBROT: 2018: 2390 Court of Rotterdam, 15-03-2018, 10 / 997506-13
Filed under State Practice
Summer Institute: Arctic Law, Science & Policy
The Arctic Futures Institute of the Center for Oceans & Coastal Law of the University of Maine School of Law has announced the Arctic Summer Institute 2018. The theme of this year’s Summer Institute is Arctic Law, Science and Policy. The goal of the course is to provide students with the inter-disciplinary knowledge base and the tools to practically and responsibly participate in Arctic affairs. Course topics will include: Arctic Science; Law of the Sea; Maritime Shipping; Geographic Information Systems; Maritime History; Indigenous Peoples; North Atlantic Trade; Governance and Environmental Regulation; Geopolitics/Maritime Security and Arctic Public Engagement. The course is set to occur on June 18-22, 2018 in Portland, Maine (USA). Registration deadline is May 15, 2018. More information can be found here.
Filed under Courses
Brazil: protected areas around Trindade e Martim Vaz and São Pedro e São Paulo archipelagos approved
The President of Brazil has approved on 19 March 2018 the creation of environmentally protected areas surrounding two of its archipelagos, including the creation of two natural monuments (as per Art. 12 of Law No 9.985 of 18 July 2000). The Decree No 9.312 creates the environmental protection area of the Tridade e Martim Vaz archipelago, creating also the natural monument of the Trindade e Martim Vaz islands and of the Columbia mount; it may be found here (in Portuguese). The Decree Nº 9.313 creates the environmental protection area of the São Pedro e São Paulo archipelago, creating also the natural monument of the São Pedro e São Paulo archipelago; it may be found here (in Portuguese). Whilst economic activities, such as sustainable fisheries, will be allowed within the environmental protection areas, the natural monuments will be areas of “integral protection”. The protected areas encompass the archipelagos’ Exclusive Economic Zones (c. 40 million hectares each). The protection of these areas will allow Brazil to accomplish Goal 11 of the Aichi Biodiversity Targets.
The location of Brazil’s newest marine protected areas. Source: Instituto Chico Gomes
Filed under State Practice
Seminar: Human Sea – Oceanic Prospectives and Challenges
The Centre de Droit Maritime et Océanique of the University of Nantes, will be hosting a seminar entitled “Oceanic Prospectives and Challenges”. The objective is to discuss High Seas biodiversity, climate change, as well as the perspectives of the emerging international legal framework. It will also consider the legal framework on the environmental liability elaborated by coastal States or the International Seabed Authority. The event is set to happen on 28 March 2018 at the ‘Maison des Sciences de l’Homme Ange Guépin’ in Nantes, France. The programme is available here. More information may be found here.
Filed under Events
Seminar: La Solución de Controversias y el Futuro Derecho del Mar
The “Centro de Derecho del Mar” of the Pontificia Universidad Católica de Valparaíso School of Law will host a seminar entitled “La Solución de Controversias y el Futuro Derecho del Mar” (Dispute Settlement and the Future Law of the Sea). The event is set to occur on 21 April 2018 in Valparaíso, Chile. More information is available here.
EU: UK withdrawal Draft Agreement published
The European Commission (Task Force for the Preparation and Conduct of the Negotiations with the United Kingdom under Article 50 TEU) has published on 19 March 2018 The Draft Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. The document highlights the progress made in the negotiation round with the UK of 16-19 March 2018, with reference to a previous draft of 28 February 2018 (available here). As stated by the UK’s Secretary of State for Exiting the European Union, there has been an agreement on “specific safeguards when it comes to annual fishing negotiations”, adding that through 2020 the UK “will be negotiating fishing opportunities as an independent coastal state, deciding who can access our waters and on what terms”. The Draft Agreement may be found here.
Filed under International Organizations, State Practice
Cyprus: EEZ hydrocarbon-related activities contested
The Ministry of Foreign Affairs of the Republic of Turkey, which does not have diplomatic relations with the Republic of Cyprus, has objected (11 February 2018) to the “Greek Cypriot Administration’s hydrocarbon-related activities in the Eastern Mediterranean” which are said to be “in disregard of the inalienable rights on natural resources of the Turkish Cypriot people, who are the co-owners of the Island”. The Ministry of Foreign Affairs of the Turkish Republic of Northern Cyprus has stated (13 February 2018) that “as long as the Greek Cypriot side continues to take unilateral steps that disregard our legitimate rights over the Island’s natural resources” it would take “reciprocal steps”. The President of the Republic Cyprus has reaffirmed (21 February 2018) that its intentions are to “to fully explore and exploit the hydrocarbon potential in its exclusive economic zone”.
This exchange follows the issuance by the Turkish Naval Force of a NAVTEX message which prevented a ENI-owned drillship from accessing Block 3 due to military training set to occur in the area. The Cyprus Joint Rescue Coordination Center has responded (27 January 2018) with another NAVTEX message, which described Turkey’s activity as “unauthorised and illegal”. The President of the European Council has meanwhile referred (23 February 2018) to “Turkey’s illegal violations in the Eastern Mediterranean and in the Aegean” and reiterated support for “the sovereign right of the Republic of Cyprus to explore and exploit its natural resources”. The Minister of Foreign Affairs of Greece also criticised (6 March 2018) Turkey’s position, saying that Turkey “cannot pursue an aggressive foreign policy, not respecting international law and choosing to ignore or circumvent the Law of the Sea”.
Cyprus offshore exploration blocks. Source: Republic of Cyprus, Ministry of Energy, Commerce, Industry and Tourism (Twitter)
Filed under State Practice
CJEU: EU-Morocco Fisheries Agreement not applicable to Western Sahara adjacent waters
The Court of Justice of the European Union (CJEU) has delivered its judgment in Case C-266/16 (The Queen, on the application of Western Sahara Campaign UK v Commissioners for Her Majesty’s Revenue and Customs and Secretary of State for Environment, Food and Rural Affairs). It has decided that if the territory of Western Sahara were to be included within the scope of the EU-Morocco Fisheries Partnership Agreement, that would be contrary to certain rules of general international law that are applicable in relations between the EU and Morocco, inter alia the principle of self-determination. It has also held that, taking account of the fact that the territory of Western Sahara does not form part of the territory of Morocco, the waters adjacent to the territory of Western Sahara are not part of the Moroccan fishing zone referred to in that Agreement. The judgement may be found here. The opinion of advocate general Wathelet is available here.
European Commission’s six charts showing the extent of the fishing zones, used in the Opinion of the Advocate General Wathelet, delivered on 10 January 2018.
Filed under Jurisprudence
Lebanon: USA mediation in maritime boundary dispute with Israel rejected
The President of the Lebanese Parliament has rejected the mediation of the United States of America in the issue with Israel concerning maritime boundaries in the Mediterranean Sea. His declaration may be found here (in Arabic). This follows the exclusive licensing of two oil blocks in a disputed area to a private consortium by the Lebanese Minister of Energy. Yet Israel maintains claims to oil deposits in that region as well. The USA Secretary of State has on this matter affirmed that this “is an extremely important issue to Lebanon” and that “it’s important to Israel as well, to come to some agreement so that private companies can go to work offshore and determine what, in fact, might be available in terms of natural resource development”. One of the members of the consortium that has been licensed by Lebanon to explore blocks in the disputed area affirms that they “are fully aware of the Israeli-Lebanese border dispute in the southern part of the block that covers only very limited area (less than 8% of the block’s surface)”. Their press release may be found here.
The blocks awarded to the consortium of Total (operator, 40%), ENI (40%) and Novatek (20%) in the frame of the 1st offshore licensing round, launched by the Lebanese government in January 2017. (source: http://www.total.com)
Filed under State Practice
Vanuatu: negotiations with France on maritime boundaries
Maritime boundary negotiations between Vanuatu and France, which include an unresolved dispute on the sovereignty over the Matthew Island and the Hunter Island, and their respective 190 000 sq km EEZ, are under way. Those islands are claimed by Vanuatu as part of its southernmost Tafea Province since 1929, but France claims them to be part of New Caledonia since 1976 (i.e. prior to Vanuatu’s independence in 1980). According to Vanuatu’s Prime Minister, New Caledonia’s Front de Libération Nationale Kanak et Socialiste party coalition has now recognized the islands as part of “Vanuatu National Heritage”, opening the door for “dialogue and negotiation between Vanuatu Government and the Government of France on maritime boundaries”. These negotiations are set to happen amidst debate around the referendum on the independence of New Caledonia, scheduled May 2018. The full statement of Vanuatu’s Prime Minister may be found here.
Map of New Caledonia and Vanuatu, Oceania, featuring Mathhew and Hunter Islands under New Caledonia’s jurisdiction. (Wikimedia Commons)
Filed under State Practice
7th GNLU International Maritime Academy 2018
The Gujarat National Law University in India will hold the 7th GNLU International Maritime Academy, 2018, from March 17 to 24, 2018. The theme of this edition is ‘Indian Ocean Region – Ports Security, Preventing, Reducing and Controlling – IUU Fishing and Marine Environment Pollution’. This academy is designed to explore and assess the trajectory of law and policy affecting maritime commerce, maritime security, and marine environmental protection and resource conservation. The last date of registration is 15th February, 2018. The brochure and registration form are available here.
IFLOS Summer Academy 2018
The 12th session of the IFLOS Summer Academy at the International Tribunal for the Law of the Sea will be held from 22 July to 17 August 2018. Applicants should hold a Master’s degree (LL.M. or equivalent) and have advanced knowledge of public international law, the law of the sea or maritime law. The deadline for the reception of applications is 30 April 2018 (postal). For more information, see here.
Filed under Courses
I/A Court H.R.: Advisory Opinion on the Environment and Human Rights
The Inter-American Court of Human Rights (I/A Court H.R.) has issued an Advisory Opinion (OC-23/17) in the case “The Environment and Human Rights” on state obligations in relation to the environment, in the context of the protection and guarantee of the rights to life and to personal integrity. This Avisory Opinion was requested by Colombia with respect to the environmental risks caused by the construction, maintenance and expansion of canals for maritime navigation in the Caribbean region. The I/A Court H.R. declared that “the degradation of the environment may cause irreparable damages to human beings, a reason why a sound environment is a fundamental right for the existence of humankind”. The award (in Spanish) may be found here and a summary (also in Spanish) is available here.
Filed under Jurisprudence
ILO: Code of Practice on safety and health in shipbuilding and ship repair reviewed
Representatives of governments and the social partners gathered at the International Labour Organization in Geneva on 22-26 January 2018 have adopted a revised code of practice on safety and health in shipbuilding and ship repair. The new code reflects the many changes in the industry, including the use of robotic systems, over the last 43 years since an earlier code was adopted. It focuses on the need for a preventive approach based on occupational safety and health management systems, management of change and safe work plans among others. The draft code may be found here. An overview of the document provided by the NGO IndustriALL Global Union may be found here.
Filed under International Organizations, Non-State Actors
Workshop: Human Rights and the Law of the Sea
The International Maritime Law Institute, in conjunction with the Stockton Center for International Law, U.S. Naval War College, will hold a workshop entitled “Human Rights and the Law of the Sea”. The event will be held in Malta on 13-14 February 2018. Issues to be discussed include responses to irregular maritime migration, maritime piracy, IUU fishing, and standards for the use of force at sea. More information is available here .
Filed under Events
ICJ: Maritime Delimitation in the Caribbean Sea and the Pacific Ocean (Costa Rica v. Nicaragua)
The International Court of Justice delivered its Judgment in the joined cases concerning Maritime Delimitation in the Caribbean Sea and the Pacific Ocean (Costa Rica v. Nicaragua) and Land Boundary in the Northern Part of Isla Portillos (Costa Rica v. Nicaragua). The first case was presented on 25 February 2014 and concerned the “establishment of single maritime boundaries between the two States in the Caribbean Sea and the Pacific Ocean, respectively, delimiting all the maritime areas appertaining to each of them, in accordance with the applicable rules and principles of international law”. In the Judgment, the Court determined the course of the single maritime boundaries between Costa Rica and Nicaragua in the Caribbean Sea and the Pacific Ocean (see image below). The text of the Judgment may be found here. Costa Rica’s official statement (in Spanish) summing up the consequences of this decision may be found here.
Sketch-map No. 13: Course of the maritime boundary (available here)
Filed under Jurisprudence
USA/Russia: two-way routes in the Bering Strait and Bering Sea jointly proposed
The United States of America, together with the Russian Federation, have proposed a system of two-way routes for vessels to follow in the Bering Strait and Bering Sea. This joint proposal features the establishment of six two-way routes and six precautionary areas. The proposed two-way routes will be voluntary for all domestic and international ships. No additional aids to navigation are being proposed to mark the recommended two-way routes and the routing measures do not limit commercial fishing or subsistence activities. More information is available here
Filed under State Practice
India: cooperation with ASEAN in the maritime domain envisaged
India and the ASEAN countries have agreed to set up a mechanism on maritime cooperation to counter the common challenges they face in the maritime domain. The information was confirmed at a press briefing press briefing. This intention follows the Delhi declaration of the ASEAN-INDIA commemorative summit, which reaffirmed “the importance of maintaining and promoting peace, stability, maritime safety and security, freedom of navigation and overflight in the region, and other lawful uses of the seas and unimpeded lawful maritime commerce and to promote peaceful resolutions of disputes” and the support of the signatories to the “full and effective implementation of the Declaration on the Conduct of the Parties in the South China Sea (DOC)”. That declaration may be found here.
Filed under State Practice
Summer School: Barcelona International Summer School in Maritime Law
The Abat Oliba Barcelona University, together with London’s City Law School, is organising a summer school in maritime law. The objective is to provide a detailed insight into issues of current importance in the areas of shipping, land transport and European law. The activities will be taking place on 23 – 27 July 2018 in Barcelona, Spain. More information may be found here. The brochure with the application form is available here.
Filed under Courses
Call for Papers: Global Challenges and the Law of the Sea
The 7th Colloquium of the AssIDMer will take place the 20 and 21 september 2018 in Lisbon, Portugal. The event is organized by the University of Lisbon, the University of Porto and the University of Tromsø. The theme is The Global Challenges and the Law of the Sea. The call for papers may be found here. It is dividided in three sessions: (I) the role of the International Organizations in the implementation and development of the Law of the Sea, (II) superpowers, international courts and the Law of the Sea: challenges for the global oceans regime and (III) the protection and conservation of the areas beyond national jurisdiction: where do we stand. The deadline for the submission of draft papers is 30 April 2018. The provisional program is already available here.
Australia: ship master convicted and fined for entering no-go zone
A master of a coastal trading vessel was convicted and fined in Australia’s Cairns Magistrates Court for being in charge of a ship that entered a shipping exclusion area in the Great Barrier Reef Marine Park. The master pleaded guilty to entering an exclusion zone near the Turtle Group of Islands, 28km northwest of Cape Flattery, in November 2015. Under the Marine Park legislation, ships must only travel in designated shipping areas or general use zones to protect the marine environment, and commercial ships are monitored for their compliance. More information about this case may be found here.
Filed under Jurisprudence, State Practice
NGO: lawsuit launched to protect Pacific habitat for humpback whales
The Center for Biological Diversity, Turtle Island Restoration Network and Wishtoyo Chumash Foundation filed a notice of intent to sue the USA National Marine Fisheries Service for failing to protect humpback whale habitat in the Pacific Ocean, where the animals are said to be facing threats from fisheries, ship strikes and oil spills. The document, entitled “Violations of the Endangered Species Act; Failure to Designate Critical Habitat for Distinct Population Segments of Humpback Whales (Megaptera noveangliae)” may be found here.
Filed under Non-State Actors
EU: Council approves agreement on working conditions for seafarers
On 7 December the European Council of the EU approved a directive which gives legal effect to an agreement between EU social partners in the maritime sector. As a result of the agreement with social partners, amendments to the Maritime Labour Convention made in 2014 can be incorporated into EU law. The objective of the agreement is to protect seafarers’ rights in case of abandonment; the agreement also provides compensation for contractual claims for death or long-term disability of seafarers due to occupational injury, illness or hazard. Thanks to the incorporation of the agreement into EU law, seafarers will be covered by a mandatory financial security system. More information about this agreement may be found here.
Filed under International Organizations
UNEP: draft resolution on marine litter and microplastics passed
The United Nations Environment Assembly of the United Nations Environment Programme (UNEP), gathered in Nairobi, Kenya, has passed a draft resolution on marine litter and microplastics. This is in line with Sustainable Development Goal target 14.1, which seeks, by 2025, to “prevent and significantly reduce marine pollution of all kinds, in particular from land-based activities, including marine debris and nutrient pollution”. The document, dated 5 December 2017, may be found here. More information about the meeting, which included thirteen draft resolutions and three decisions, may be found here.
Filed under International Organizations
Arctic: commercial fishing moratorium agreement signed
The member states of the informal group “Arctic-five” (Canada, USA, Russia, Norway, and Greenland/Denmark), together with representatives of other states (Iceland, Japan, South Korea, China and the European Union) have reached agreement on a legally binding international agreement that will protect nearly three million square kilometers of the Central Arctic Ocean from unregulated fishing. The initial term of the agreement is 16 years, after which it will automatically be extended every five years unless a country objects or until science-based fisheries quotas and rules are put in place. The NGO Ocean Conservancy has referred to this as an example of the precautionary approach. This accord comes two years after a previously set moratorium. Evidence of this new agreement may be found here: (Canada) (Norway) (EU).
De Maribus 