Category Archives: Non-State Actors

A High Risk Area (HRA) in the Indian Ocean was designated by bodies representing the shipping industry in 2010 (BMP 5). Since then, various amendments to the extent of the area were made and in 2021 the IMO was informed that further revisions would occur, including development of a more dynamic threat assessment process (IMO Doc. MSC 104/8/2). On 22 August 2022 the IMO was informed by a co-authored submission (ICS, BIMCO, OCIMF, INTERTANKO, INTERCARGO and IMCA) that the Indian Ocean High Risk Area will be withdrawn on 1 January 2023 to reflect the the improved piracy situation in the region (IMO Doc. MSC 106/INF.10). The UKMTO Voluntary Reporting Area (VRA) appears to be, as yet, unchanged.

On 5 May 2022, the Civil Society Organisations Alliance to Support the Government of the Republic of Vanuatu’s Bid to Request a UN General Assembly Resolution Requesting an Advisory Opinion on Climate Change from the International Court of Justice (CSO Alliance) was launched. In September 2021 the Prime Minister of the Republic of Vanuatu formally announced Vanuatu’s intention to pursue a campaign to request an ICJ Advisory Opinion on the rights of current and future generations in the context of climate change. This followed the previous positive response of the leaders at the Pacific Islands Forum (50th Pacific Island Forum (August 2019) Forum Communique, para. 16), and has had the subsequent indicated support of the Heads of Government at the Thirty-Third Inter-Sessional Meeting of the Conference of Heads of Government of the Caribbean Community (CARICOM) (Communique (March 2022)). Consistent with Article 65 of the Statute of the ICJ and Article 96(1) of the UN Charter, the Vanuatu campaign has signalled its intent to table a resolution proposal before the United Nations General Assembly in September 2022 which, if adopted, would request the ICJ Advisory Opinion. The “exact statement of the question upon which an opinion is required” (Article 65, ICJ Statute) does not appear to have been publicly disclosed to-date, but the most recent comments of the Prime Minister of the Republic of Vanuatu (May 2022) refers to a request “to clarify the legal obligations of states to protect human rights and the environment from climate change”.

More information is available on the websites of the Vanuatu ICJ Initiative and the Pacific Islands Students Fighting Climate Change. On former related initiatives, see the 2011 (unsuccessful) attempt by Palau and the Republic of the Marshall Islands to have the UN General Assembly “request an advisory opinion from the International Court of Justice on the responsibilities of States under international law to ensure that activities carried out under their jurisdiction or control that emit greenhouse gases do not damage other States”, including an explicit reference to Article 194 of UNCLOS.

The International Union for Conservation of Nature (IUCN) passed a motion on 7 September 2021 calling for a moratorium on deep seabed mining and a halt to the International Seabed Authority’s (ISA) issuing of new contracts for mining and for exploration of mining sites until certain conditions are met. Those conditions include conducting rigorous and transparent scientific research and impact assessments to comprehensively understand the environmental, social, cultural, and economic damage that mining could cause, and ensuring the effective protection of the marine environment.  More information is available in the IUCN Motion 069.

On the 23 September 2019 the meeting of the UN Global Compact Action Platform for Sustainable Ocean Business formally launched the Sustainable Ocean Principles. The principles recognize the shared responsibility of businesses to ensure a healthy oceans.

For more information see the UN Global Compact and the Sustainable Ocean Principles.

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.

The International Transport Workers’ Federation has produced a toolkit for its seafarer unions to help them lobby governments to implement international guidelines to prevent the unfair treatment of seafarers following accidents and pollution at sea. The toolkit highlights cases where seafarers have been scapegoated for accidents and pollution which have arisen as a result of circumstances beyond their control. The toolkit is available here.

On the 23 June 2017, the International Cable Protection Committee (ICPC) has issued Recommendation No. 17, entitled, Submarine Cable Operations in Deep Seabed Mining Concessions Designated by the International Seabed Authority. ICPC Recommendation No. 17 provides procedures for due diligence in the laying and repair of submarine cables in concessions designated by the International Seabed Authority (ISA) for the exploration and/or exploitation of mineral resources in the “Area”.

For more information see the press release and requests for the recommendation can be made here.

World Oceans Day is celebrated 8 June 2017, under the coordination of The Ocean Project. This year’s theme is, Our Oceans, Our Future, and events around the world will occur in the week surrounding the 8 June 2017.

For more information, see the host of events listed here.

The NGO Human Rights at Sea just published its “Voluntary Code of Conduct for Search and Rescue Operations undertaken by civil society Non-Governmental Organisations in the Mediterranean Sea”. This document is presented as the first voluntary minimum standard guidance working towards increased levels of joint co-ordination and co-operation for the on-going humanitarian relief effort in the Mediterranean region. The first edition of the document is intended to act as the basis for rapid iterative development with as many stakeholders as possible, including European Institutions, Agencies, shipping and fishing associations and military forces. The document can be found here.

World Oceans Day is celebrated today, the 8th June. This year’s theme is “Healthy Oceans, Healthy Planet”, with a focus upon plastic pollution. Various events around the World continue today, and into the forthcoming weekend, under the coordination of The Ocean Project.

For more information on what you can do, and events nearby, consult the website here.