Category Archives: International Organizations

The Sixty-Third Session of the Commission on the Limits of the Continental Shelf (CLCS) was held, 17 February–21 March 2025, at United Nations Headquarters (New York, USA). As noted in the progress statement of the chair (UN Doc. CLCS/63/2), the CLCS, pursuant to Article 76(8) of UNCLOS, approved three sets of recommendations concerning three submissions on the limits of the continental shelf beyond 200 nautical miles from the respective baselines of three Coastal States:

• Cuba in respect of the eastern polygon in the Gulf of Mexico (recommendations approved: CLCS/63/2 para. 22).
• Brazil in respect of the Brazilian Equatorial Margin (partial revised submission) (recommendations approved: CLCS/63/2 para. 33).
• Iceland in respect of the western, southern and south-eastern parts of the Reykjanes Ridge (partial revised submission) (recommendations approved: CLCS/63/2 para. 39).

At the time of reporting, only the summary of the Recommendations of the Commission concerning the Brazilian Equatorial Margin is currently public.

On 24 April 2025, the President of the United States issued an Executive Order, entitled, Unleashing America’s Offshore Critical Minerals and Resources. The Order addresses policies directed at seabed mineral exploration and exploitation both within the U.S. continental shelf and in areas beyond national jurisdiction (the Area), as well as processing capacity in the United States or on United States-flagged vessels, and possible partnering with other States in exploiting the resources of their continental shelf/EEZ.

Of particular note for the law of the sea is the (a) possibility of a unilateral exploration and exploitation regime concerning the mineral resources of the Area (contra, Part XI of UNCLOS) and (b) the possibility of the unilateral definition and implementation of an international benefit-sharing mechanism (contra, the principle of the common heritage of humankind):

Sec. 3.  Strategic Seabed Critical Mineral Access.  Within 60 days of the date of this order:
(a)  The Secretary of Commerce shall:
(i) acting through the Administrator of the National Oceanic and Atmospheric Administration, and in consultation with the Secretary of State and the Secretary of the Interior, acting through the Director of the Bureau of Ocean Energy Management, expedite the process for reviewing and issuing seabed mineral exploration licenses and commercial recovery permits in areas beyond national jurisdiction under the Deep Seabed Hard Mineral Resources Act (30 U.S.C. 1401 et seq.), consistent with applicable law.  The expedited process, consistent with applicable law, should ensure efficiency, predictability, and competitiveness for American companies;
[…]
The Secretary of Commerce […] shall […] provide a joint report […] on the feasibility of an international benefit-sharing mechanism for seabed mineral resource extraction and development that occurs in areas beyond the national jurisdiction of any country.

Unleashing America’s Offshore Critical Minerals and Resources

On 25 April 2025 a Spokesperson for the Foreign Ministry of China stated China’s objections to both the proposed exploration and exploitation of mineral resources of the Area/beyond national jurisdiction, as well as the exploration and exploitation of mineral resources on the extended continental shelf of the U.S (the delimitation of which China does not recognise).

On 29 April 2025, The Metals Company (TMC) announced that its U.S. subsidiary, The Metals Company USA LLC (TMC USA), has submitted applications for a commercial recovery permit and two exploration licenses under the Deep Seabed Hard Mineral Resources Act (DSHMRA) and National Oceanic and Atmospheric Administration (NOAA) implementing regulations. This is an expedited timeline ahead of what was previously reported, which already raised preliminary discussions at the Council of the International Seabed Authority.

On 30 April 2025, the Secretary-General of the International Seabed Authority issued a Statement on the US Executive Order (for previous statements, see here), taking note of the order and raising specific concerns, including in respect of the ISA regime and the common heritage principle. The SG-ISA states her view that:

Its issuance is also surprising because for over 30 years the US has been a reliable observer and significant contributor to the negotiations of the International Seabed Authority, actively providing technical expertise to each stage of the development of the ISA regulatory framework.
[…]
[G]eneral principles of international law and customary international law proclaims the Area and its resources as the Common Heritage of Humankind. A direct corollary of this legal status is that no State may claim, acquire, or exercise sovereignty or sovereign rights over any part of the Area or its mineral resources. This includes a prohibition on appropriation and alienation by any State, or by any natural or juridical person.
The Convention and the 1994 Agreement further establishes the International Seabed Authority, clearly mandating that all activities related to mineral resources in the Area must be conducted under the Authority’s oversight to ensure sustainable use, equitable benefit-sharing, and environmental protection. Accordingly, exploration and exploitation activities in the Area must be carried out under the Authority’s control, that is, under a contract with the Authority and in accordance with the rules, regulations, and procedures it establishes; and no State has the right to unilaterally exploit the mineral resources of the Area outside the legal framework established by UNCLOS. It is common understanding that this prohibition is binding on all States, including those that have not ratified UNCLOS.

Statement on the US Executive Order

Consistent with the mandate established under para 1 of UNEP Resolution 5/14, the fifth session of the Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment (INC-5) was held 25 November – 1 December 2024, with the ambition of conclude negotiations and finalize the text of an international legally binding instrument on plastic pollution, including in the marine environment, by the end of 2024.

While progress was made, a finalised text was not achieved and so the session has been suspended and negotiations scheduled to continue in 2025. Some representatives expression concern and disappointment at the limited progress made and some identified reasons for the lack of progress in their opinion (INC-5 Draft Report, paras. 55-59). The session adjourned “with agreement on a ‘Chair’s Text’ that will serve as the starting point for negotiations at a resumed session in 2025″.

The Council of the European Union adopted on 18 November 2024 four new pieces of legislation of the so-called ‘maritime safety’ legislative package, namely those amending the relevant directives on:

– the investigation of accidents in the maritime transport sector

– ship-source pollution

– compliance with flag state requirements, and

–  port state control.

The revised ‘package’ achieves a balance between, on the one hand, the need to ensure a high quality of shipping and, on the other, the need to safeguard the competitiveness of the European shipping sector, while also maintaining reasonable costs for operators and member states’ administrations. Overall, it will equip the EU with modern tools to support clean shipping by aligning EU rules with international standards while improving implementation and enforcement through an enhanced cooperation framework between European and national authorities.

The four legislative proposals form part of the maritime safety ‘package’ together with the one on the European Maritime Safety Agency (EMSA). They were submitted by the Commission on 1 June 2023 aiming to modernise EU rules on maritime safety and reduce water pollution from ships.  With 75% of the EU’s external trade being seaborne, maritime transport is not only the artery of a globalised economy, but also a lifeline for the EU’s islands and peripheral and remote maritime regions. Although maritime safety in EU waters is currently very high, with few fatalities and no recent major oil spills, more than 2,000 marine accidents and incidents are still reported every year. Provisional agreements between the co-legislators on the four legislative proposals were reached in February this year.

Further information in the EU press release.

On 17 July 2024, in accordance with Article 76(8) of UNCLOS, Viet Nam submitted to the Commission on the Limits of the Continental Shelf (CLCS) information on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured in respect of the Central Area (VNM-C).

This follows the separate May 2009 Joint Partial Submission by Malaysia and Viet Nam in the southern part of the South China Sea and May 2009 Partial Submission by Viet Nam in respect of the North Area (VNM-N), both of which have proceeded as far as the presentation of the submission by coastal State representatives at a session of the Commission (CLCS/64, paras 87-92; 102-106).

Note, on the same date as the VNM-C Partial Submission, Viet Nam submitted a Communication (17 July 2024) on the previously reported June 2024 Partial Submission by the Philippines (West Palawan Region). At the time of writing, communications received and published with regard to the VNM-C Partial Submission include China (29 July 2024). 

On 11 July 2024, the UN Human Rights Council adopted without a vote: Resolution 56/18: Promoting and protecting the enjoyment of human rights by seafarers (currently available as UN. Doc A/HRC/56/L.4 with oral revision). The Philippines was the main sponsor. As highlighted by the Department of Foreign Affairs of the Republic of the Philippines, the Philippine initiative “co-sponsored by 28 countries, as of this date, is the first-ever resolution on seafarers to be introduced and adopted in the UN HRC”. Among the contents of the Resolution –to be read in full–, Resolution 56/18 provides:

The Human Rights Council,
[…]
Recognizing the human rights, as well as labour rights, of seafarers, including the right to freedom of association and the effective recognition of collective bargaining, the elimination of all forms of forced or compulsory labour, the effective abolition of child labour and the elimination of discrimination in respect of employment and occupation, as well as a safe and secure workplace, fair terms of employment, decent working and living conditions on-board ships, health protection, medical care, welfare measures and other forms of social protection,
[…]
2. Calls upon States parties, shipowners’ representatives and seafarers’ representatives to enhance the enforcement of the Maritime Labour Convention, 2006, as amended, to ensure safe and decent living and working conditions for all seafarers;
3. Calls upon States and other relevant shipping industry stakeholders to promote and protect effectively the enjoyment of human rights and fundamental freedoms by seafarers, including their right to life, right to the enjoyment of just and favourable conditions of work, including safe and healthy working conditions, and right to the enjoyment of the highest attainable standard of physical and mental health;
4. Urges shipping industry stakeholders to respect the right of seafarers to the opportunity to gain their living by work that they freely choose or accept, including decisions on whether to sail or continue sailing in high-risk areas, and that the realization of this right should not negatively affect a seafarer’s employment competitiveness or future deployment;
5. Urges States to continue efforts to eliminate all forms of forced or compulsory labour in the shipping industry;

HRC Resolution 56/18

On 14 June 2024, in accordance with Article 76(8) of UNCLOS, the Philippines submitted to the Commission on the Limits of the Continental Shelf (CLCS) information on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured in the West Palawan Region. Consistent with UNCLOS, “[t]his Submission is made without prejudice to the right of the Philippines to make other Submissions on other areas at a future time” (Executive Summary (2024) p. 1).

This follows the seperate April 2009 submission of the Philippines in the Benham Rise region, for which recommendations (April 2012) and subsequent final and binding outer limits of the continental shelf were established based on said recommendations (UNCLOS, Article 76(8); ‘Benham Rise’ since renamed ‘Philippine Rise’ in May 2017).

At the time of writing, communications received and published with regard to this partial submission in the West Palawan Region include China (18 June 2024). Further communications may be foreseen given that the Executive Summary (2024) provides:

The Philippines notes that the 2009 joint submission of Malaysia and Viet Nam, the 2009 submission of Viet Nam in the northern area and the 2019 submission of Malaysia that were submitted to the CLCS cover areas that may overlap with the area of this Submission.
These earlier submissions were based on Article 76 of UNCLOS and are generally consistent with the principles affirmed in the 2016 Award on the Merits in the South China Sea Arbitration. The Philippines manifests its willingness to discuss with the relevant States the delimitation of the maritime boundaries.
The delineation of the continental shelf beyond 200 M is without prejudice to future delimitation with the limits of the territorial sea areas of individual high tide features in the South China Sea.

Executive Summary (2024) p. 4

For more information see the statement of the Philippines Department of Foreign Affairs.

The Fourteenth Meeting of the Conference of the Parties to the Convention on the Conservation of Migratory Species of Wild Animals (COP14) was held 12-17 February 2024 in Samarkand (Uzbekistan). A number of resolutions and decisions relevant to ocean governance were considered (including amendments) and adopted, such as on Bycatch; Fish Aggregating Devices; Maltreatment and Mutilation of Seabirds in Fisheries; Marine Pollution; Plastic Pollution and Deep-Sea Mining. Concerning the latter, on 1 February 2024 the Secretary General of the International Seabed Authority submitted a letter in response to the draft decision. As reported in Earth Negotiations Bulletin ‘significant discussions’ took place following a proposed amendment by Germany to add “or support” to paragraph 3:

The Conference of the Parties to the Convention on the Conservation of Migratory Species of Wild Animals
[…]
3. Urges Parties not to engage in, or support, deep-seabed mineral exploitation activities until sufficient and robust scientific information has been obtained to ensure that deep-seabed mineral exploitation activities do not cause harmful effects to migratory species, their prey and their ecosystems;

4. Encourages Parties to ensure that the impacts of deep-seabed mineral exploitation activities on migratory species, their prey and their ecosystems are fully considered in the development and implementation of any regulatory framework under national legislation and under the ISA for deep seabed mineral exploitation activities, in accordance with the precautionary approach, to ensure the conservation of migratory species;

Deep-Seabed Mineral Exploitation Activities And Migratory Species (UNEP/CMS/COP14/CRP27.2.4/Rev.1)

On 18 January 2024, the Government of India submitted two applications to the International Seabed Authority (ISA) for approval of two plans of work for exploration in the Area. Both applications concern the Central Indian Ocean, (1) exploration for polymetallic sulphides in the Carlsberg Ridge and (2) exploration for cobalt-rich ferromanganese crusts of the Afanasy-Nikitin Seamount, respectively. The applications will be considered by the ISA Legal and Technical Commission (March 2024), with recommendations submitted to the ISA Council which has competence to approve plans of work for exploration in the Area.

The Government of India holds two existing exploration contracts, one for polymetallic nodules (twice extended) and one for polymetallic sulphides respectively. To-date, the ISA has entered into 31 exploration contracts, with 30 in effect (Companhia de Pesquisa de Recursos Minerais S.A. renounced its contractual rights on 28 December 2021).

On 10 January 2024 the UN Security Council Resolution (UNSC) adopted Resolution 2722 (2024) concerning Houthi attacks on merchant and commercial vessels in the Red Sea (voting: 11-0-4 (Algeria, China, Mozambique & Russian Federation abstaining)). Amongst others, Resolution 2722 (2024):

1. Condemns in the strongest terms the at least two dozen Houthi attacks on merchant and commercial vessels since November 19, 2023, when the Houthis attacked and seized the Galaxy Leader and its crew;
2. Demands that the Houthis immediately cease all such attacks, which impede global commerce and undermine navigational rights and freedoms as well as regional peace and security, and further demands that the Houthis immediately release the Galaxy Leader and its crew;
3. Affirms the exercise of navigational rights and freedoms by merchant and commercial vessels, in accordance with international law, must be respected, and takes note of the right of Member States, in accordance with international law, to defend their vessels from attacks, including those that undermine navigational rights and freedoms;

Resolution 2722 (2024) concerning Houthi attacks on merchant and commercial vessels

This follows the UNSC previously condemning Houthi attacks on merchant shipping in a Press Statement of 1 December 2023 (SC/15513), followed by further multilateral condemnation e.g. Joint Statement (19 December 2023). See further the Statement of IMO Secretary-General on the adoption of Resolution 2722 (2024) and previous Statement of 19 December 2023.

On related but distinct developments, see the establishment of Operation Prosperity Guardian (2) under the Combined Maritime Forces umbrella (18 December 2023); Djibouti Code of Conduct: Call for action on attacks against International Shipping in the Red Sea (7 January 2024); and the conduct of joint strikes by 10 States “against a number of targets in Houthi-controlled areas of Yemen” “in accordance with the inherent right of individual and collective self-defense” (Joint Statement, 11 January 2024 (2); including Statement of Spokesperson for the Secretary-General).

On 28 December 2023, following the mandate provided by the third session of the Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment (INC-3), the INC Secretariat published a Revised draft text of the international legally binding instrument on plastic pollution, including in the marine environment (UNEP/PP/INC.4/3). The revised draft has been published ahead of the fourth session (INC-4) (23-29 April 2024). For more information see the UNEP website.

On 30 October 2023, the Russian Federation submitted to the Commission on the Limits of the Continental Shelf (CLCS), in accordance with UNCLOS Article 76, paragraph 8, and with reference to its Submission of 20 December 2001, and of it Partial Revised submission of 3 August 2015 (with addenda submitted on 31 March 2021) in respect of the Arctic Ocean, information on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of its territorial sea is measured in the area of the Gakkel Ridge in the Arctic Ocean. On 6 February 2023, CLCS had approved the Recommendations of the Commission on the Limits of the Continental Shelf in Regard to the Partial Revised Submission Made by The Russian Federation in respect of the Arctic Ocean on 3 August 2015 with Addenda Submitted on 31 March 2021. The purpose of this new submission is to establish the outer limits of the continental shelf (OLCS) of the Russian Federation in the Eurasian Basin of the Arctic Ocean in the area of the Gakkel Ridge, the Nansen and Amundsen basins.

In accordance with the election procedure detailed in Articles 8-10 of the ICJ Statute, on 9 November 2023 the General Assembly and the Security Council of the United Nations elected five Members of the International Court of Justice for a term of office of nine years, beginning on 6 February 2024. The Security Council held 5 rounds of voting, the General assembly 1 round of voting. Judge Hilary Charlesworth (Australia) was re-elected as Member of the Court. Mr Bogdan-Lucian Aurescu (Romania), Ms Sarah Hull Cleveland (United States of America), Mr Juan Manuel Gómez Robledo Verduzco (Mexico) and Mr Dire Tladi (South Africa) were elected as new Members of the Court (ICJ Press Release No. 2023/63).

The Court’s composition on 6 February 2024 will be as follows:  Ronny Abraham (France) (2027); Dalveer Bhandari (India) (2027); Antônio Augusto Cançado Trindade (Brazil) (2027); Xue Hanqin (China) (2030); Yuji Iwasawa (Japan) (2030); Georg Nolte (Germany) (2030); Nawaf Salam (Lebanon) (2027); Julia Sebutinde (Uganda) (2030); Peter Tomka (Slovakia) (2030); and Abdulqawi Ahmed Yusuf (Somalia) (2027); Hilary Charlesworth (Australia) (2033); Bogdan-Lucian Aurescu (Romania) (2033); Sarah Hull Cleveland (United States) (2033); Juan Manuel Gomez Robledo Verduzco (Mexico) (2033); and Dire Tladi (South Africa) (2033).

On 4 September 2023, following the mandate provided by the second session of the Intergovernmental Negotiating Committee to develop an international legally binding instrument on plastic pollution, including in the marine environment (INC-2) (29 May – 2 June 2023), the INC Chair published a Zero draft text of the international legally binding instrument on plastic pollution, including in the marine environment (UNEP/PP/INC.3/4). The zero draft has been published ahead of the third session (INC-3) (13-19 November 2023). For more information see the UNEP website.

As previously reported, Japan was considering the discharge of Advanced Liquid Processing System (ALPS) treated water into the sea at the Fukushima Daiichi Nuclear Power Station. After an IAEA Review of Safety Related Aspects (4 July 2023) found the proposed approach and activities as consistent with relevant international safety standards, on 22 August 2023 the sixth meeting of the Inter-Ministerial Council concerning the Continuous Implementation of the Basic Policy on Handling of ALPS Treated Water (Japan) decided:

(9）Based on the above, the Government of Japan has decided to initiate the discharge into the sea as indicated in the basic policy, and to request TEPCO to promptly proceed with the preparation work for the start of the discharge into the sea in accordance with Implementation Plan for Fukushima Daiichi Nuclear Power Station Specified Nuclear Facility (implementation plan) approved by the NRA.
(10）If there is no interference due to weather or sea conditions, the discharge into the sea is expected to start on 24 August [2023].

Actions and future measures regarding “Basic Policy on handling of ALPS treated water at the Tokyo Electric Power Company Holdings’ Fukushima Daiichi Nuclear Power Station” (22 August 2023)

On 24 August 2023 IAEA experts confirmed that Tokyo Electric Power Company Holdings (TEPCO) started discharging ALPS treated water stored at the Fukushima Daiichi Nuclear Power Station into the sea (IAEA Press Release; TEPCO Press Release (2)). The  IAEA will remain present on site throughout the release of treated water and shall provide access to live data from Japan on the release. Furthermore, on 22 August 2023 Japan held its 123rd briefing session, with the significant interest of the international community evident in the number and diversity of (32) participating diplomatic missions, while the IAEA and Republic of Korea (ROK) agreed to establish the IAEA-ROK Fukushima Information Mechanism (IKFIM), which “will provide up-to-date information to ROK and facilitate visits by the country’s experts to the Agency’s office at the site. It also includes an arrangement for notifications in case of abnormal events”.

As recognised in the remarks of the Pacific Islands Forum Secretary General on 24 August 2023, “there continues to be divergent views and responses in the international community and within the Forum Membership on this issue, and I recognise the sovereignty and prerogative of Forum Members to determine their own national positions”. For example, on 13 July 2023, the EU announced it would lift Fukushima restrictions on food imports, adopted in 2011, but highlighting the importance of monitoring of domestic production for radioactivity, including due publicity, “in particular fish, fishery products and seaweed close to the release site of the ALPS treated water” (lifted 3 August 2023, alongside Norway and Iceland). On 15 August 2023 Switzerland and Liechtenstein lifted restrictions. Meanwhile, on 24 August 2023 South Korea noted it will continue to impose import restrictions on seafood and farm products from Japanese prefectures near the power plant and called for transparency throughout the expected 30 years of ALPS treated water discharges. On 24 August 2023, a statement by China continued to voice its strong opposition to the discharge into the sea as violating international law and suspended the import of all aquatic products originating from Japan (General Administration of Customs Announcement No. 103 of 2023).

The European Union (EU) announced in 23 June 2023 the adoption of the 11th package of sanctions against Russia for its continued illegal war against Ukraine. Aside from measures on trade, the EU is also imposing measures applicable to vessels and reliant on its Member States’ port State jurisdiction:

• Prohibition to access EU ports for vessels that engage in ship-to-ship transfers suspected to be in breach of the Russian oil import ban or G7 Coalition price cap.
• Prohibition to access EU ports for vessels if a vessel does not notify the competent authority at least 48 hours in advance about a ship-to-ship transfer occurring within the Exclusive Economic Zone of a Member State or within 12 nautical miles from the baseline of that Member State’s coast.
• Prohibition to access EU ports for vessels which manipulate or turn off their navigation tracking system when transporting Russian oil subject to the oil import ban or G7 price cap.

A summary of the full list of sanctions of this package may be found in this press release from the European Commission.

The Thirty-Third Meeting of States Parties to the United Nations Convention on the Law of the Sea (SPLOS) have elected seven Members of the International Tribunal for the Law of the Sea (ITLOS), following voting held 14 June 2023 (UNCLOS, Annex VI, Article 4; see nominations).

The States Parties re-elected Vice-President Tomas Heidar (Iceland) and elected Ms Frida María Armas Pfirter (Argentina), Mr Hidehisa Horinouchi (Japan), Mr Thembile Elphus Joyini (South Africa), Mr Osman Keh Kamara (Sierra Leone), Mr Konrad Jan Marciniak (Poland) and Mr Zha Hyoung Rhee (Republic of Korea)(see curricula vitae of candidates nominated by States Parties). The nine year term of each Member will commence 1 October 2023 (Rules of the Tribunal, Article 2).

The term of office for six Members of the Tribunal shall expire 30 September 2023, namely President Albertus Jacobus Hoffmann, Judge Stanislaw Michal Pawlak, Judge Shunji Yanai, Judge James Luta Kateka, Judge Jin-Hyun Paik and Judge Alonso Gómez-Robledo Verduzco. For more information see the ITLOS Press Release.

As previously reported, the extension of the Black Sea Grain Initiative in March 2023 was subject to differing statements on the period of renewal. On 17 May 2023, it was confirmed (2) that the Russian Federation aligned its position with the other parties and will also continue its participation in the Black Sea Initiative for another 60 days. Ukraine welcomed ‘unblocking‘ of the agreement, following Ukraine’s previous objections (17 April 2023) to claimed interference in the inspection plan. On 15 May 2023, the UK likewise objected to delays and the blocking of vessel inspections, called for a sustained and stable deal, and “urge Russia to stop threatening to leave the initiative”. An update (8 May 2023) from the Office of the UN Coordinator for the Black Sea Grain Initiative confirmed “[s]ince 1 May, the JCC inspection rate has dropped significantly”, with no inspections on 7-8 May 2023. As of 8 May 2023, the total exports of grain and foodstuffs under the Initiative is 29,798,277 metric tonnes, while there have been no exports of fertilizers so far. Official reports (2) concerning a quadrilateral meeting between Ukraine, Türkiye, Russia and the UN on 10-11 May 2023 involved discussions of “the recent proposals by the United Nations, namely the resumption of the Togliatti-Odesa ammonia pipeline, the longer extension of the deal, improvements at the Joint Coordination Centre for stable operations and exports, as well as other issues raised by the parties”.

On 25 April 2023 the Council of the EU adopted a series of laws which will provide for the inclusion of maritime transport within the EU Emission Trading Scheme (EU ETS). The vote in the Council is the last step of the decision-making procedure, a procedure initiated in 2013 when the Commission adopted a strategy for progressively integrating maritime transport emissions into the European Union’s policy for reducing greenhouse gas emissions. The Directive of the European Parliament and of the Council amending Directive 2003/87/EC establishing a system for greenhouse gas emission allowance trading within the Union and Decision (EU) 2015/1814 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas emission trading system (2023) provides the necessary amendments “to include maritime transport activities in the EU Emissions Trading System (EU ETS) in order to ensure that those activities contribute their fair share to the increased climate objectives of the Union as well as to the objectives of the Paris Agreement”, while the Regulation of the European Parliament and of the Council amending Regulation (EU) 2015/757 in order to provide for the inclusion of maritime transport activities in the EU Emissions Trading System and for the monitoring, reporting and verification of emissions of additional greenhouse gases and emissions from additional ship types (2023) provides the necessary amendments to the MRV Regulation to take account of said extension of the EU ETS to maritime transport and related updates, namely “to provide for monitoring, reporting and verification rules that are necessary for an extension of the EU ETS to maritime transport activities and to provide for the monitoring, reporting and verification of emissions of additional greenhouse gases and emissions from additional ship types” (Recitals 8 & 12, emphasis added). Once published in Official Journal of the EU the directive and regulation will be legally binding.

Of note in respect of its relations to developments of a global market-based mechanism through the International Maritime Organization (IMO):

Efforts to limit global maritime emissions through the IMO are under way and should be encouraged, including the rapid implementation of the Initial IMO Strategy on Reduction of Greenhouse Gas Emissions from Ships, adopted in 2018, which also refers to possible market-based measures to incentivise greenhouse gas emission reductions from international shipping. However, while recently there has been progress in the IMO, this has so far not been sufficient to achieve the objectives of the Paris Agreement. Given the international character of shipping, it is important that the Member States and the Union within their respective competences work with third countries to step up diplomatic efforts to strengthen global measures and make progress on the development of a global market-based measure at IMO level.

Directive 2003/87/EC (as amended April 2023), Recital 19.

Directive 2003/87/EC (as amended April 2023), Article 3gg(1) addresses the EU response “in the event of the adoption by the International Maritime Organization (IMO) of a global market-based measure to reduce greenhouse gas emissions from maritime transport”, while Article 3gg(2) addresses the EU response “in the event that the IMO does not adopt by 2028 a global market-based measure to reduce greenhouse gas emissions from maritime transport in line with the objectives of the Paris Agreement and at least to a level comparable to that resulting from the Union measures taken under this Directive”.

A Special Session of the Indian Ocean Tuna Commission (SS6) was held 3-5 February 2023 (Kenya), with the stated objective “the aim of the Special Session is to adopt a conservation and management measure on Fish Aggregating Devices”. This followed inaction on the issue at the 26th Session in May 2022. The 6th Special Session (IOTC Circular 2023-09) adopted Resolution 23-01 On management of Anchored Fish Aggregating Devices (AFADs) and Resolution 23-02 On Management of Drifting Fish Aggregating Devices (DFADs) in the IOTC area of competence, the latter adopted by a two-thirds majority vote.

Pursuant to Article IX of the IOTC Agreement, a number of Members have since formally objected to Resolution 23-02, namely Comoros (IOTC Circular 2023-11), Seychelles (IOTC Circular 2023-19), European Union (IOTC Circular 2023-26), Oman (IOTC Circular 2023-12), Philippines (IOTC Circular 2023-20), Kenya (IOTC Circular 2023-14), and Somalia (IOTC Circular 2023-18; IOTC Circular 2023-22 objection since withdrawn). In response to some of the statements made on Resolution 23-02, Indonesia circulated a statement “countering the misinterpretation of Resolution 23-02”, its statement representing a shared understanding by “a number” of the other Resolution 23-02 co-sponsoring states (IOTC Circular 2023-24).

The previously reported Black Sea Grain Initiative foresees a renewal of 120 days, as previously occurred, in Paragraph 5(H):

H. This initiative will remain in effect for 120 days from the date of signature by all Parties and can be extended automatically for the same period, unless one of the Parties notifies the other of the intent to terminate the initiative, or to modify it.

Initiative on the Safe Transportation of Grain and Foodstuffs from Ukrainian Ports

On 14 March 2023, the deadline of possible expiry, the Black Sea Grain Initiative was renewed by the parties, with the UN Secretariat continuing to reference the previously reported MoU on Russian Food Products and Fertilizers between Russia and UN Secretariat, which expires 22 July 2025 (Paragraph 6). The UN Secretary-General press release is silent on the length of extension, however the Ministry for the Restoration of Ukraine refers to a 120 days extension, while the Ministry of Foreign Affairs of Russia refers to 60 days extension, with the possibility that after 60 days there will be a further decision on extension or “[Russia’s] participation in the Black Sea Initiative will be suspended”.