Category Archives: State Practice

The Government of Iceland (Minister for the Environment and Natural Resources) has issued a regulation tightening fuel requirements for ships, which effectively bans the use of heavy fuel oil in the territorial sea of Iceland. The change is brought about by an amendment to Iceland’s regulation on sulphur content of certain liquid fuels (reglu­gerð nr. 124/​2015). The permissible sulphur content of marine fuels used in the territorial sea and internal waters of Iceland is lowered from 3.5% down to 0.1%. In addition, the permissible sulphur content of marine fuels is lowered down to 0.5% within the Icelandic Pollution Prevention Zone outside of the territorial sea. More information here.

Turkey and Libya have signed (27 November 2019) a Memorandum of Understanding (MoU) on the delimitation of the maritime jurisdiction areas in the Mediterranean.

The MFA of Greece considered (28 November 2019) that “the signing by Turkey and Libya of a memorandum of understanding cannot violate the sovereign rights of third countries” and that “such an action would be a flagrant violation of the International Law of the Sea and would produce no legal effect”. The Minister also noted that “between the two countries there is the large geographical mass of Crete”.

In response, the MFA of Turkey stated (1 December 2019) that “islands cannot have a cut-off effect on the coastal projection of Turkey” and that “the islands which lie on the wrong side of the median line between two mainlands cannot create maritime jurisdiction areas beyond their territorial waters and that the length and direction of the coasts should be taken into account in delineating maritime jurisdiction areas”.

Turkey had submitted earlier in the month (13 November 2019) to the UN a list of geographical coordinates, concerning the outer limits of Turkey’s continental shelf in the Eastern Mediterranean Sea, where Turkey exercises ipso facto and ab initio exclusive sovereign rights and jurisdiction stemming from international law (A/74/550).

Turkey has not signed the UNCLOS and has opposed the new international legal regime of islands during UNCLOS III in two occasions (160th meeting and 189th meeting).

Base points for Turkey-Libya Continental Shelf/EEZ Coordinates List. Source: T.C. Resmi Gazete, 6 December 2019.

On the 30 October 2019, three maritime delimitation agreements concerning the continental shelf beyond 200 nautical miles in the southern part of the “Banana Hole” (North Atlantic) were signed, between Norway and Iceland, Norway and Denmark/The Faroe Islands and Iceland and Denmark/The Faroe Islands respectively. The Delimitation Agreements will enter into force when both parties to the respective Agreements have ratified the Agreement.

For further information see the Norwegian Ministry of Foreign Affairs and Danish Ministry of Foreign Affairs (Danish). While the text of the Agreements is not yet published, it is stated by Norway to be in line with the previous 2006 Agreed Minutes where authors may also find a (preliminary and illustrative) 2006 map.

The Government of India (Directorate General of Shipping, Mumbai) has issued an Order on the prohibition of use of single use plastics on board ships. This ban is applicable to all Indian ships and to foreign ships in port or within Indian waters. The enforcement shall be undertaken on the basis of flag and port state capacity surveys, inspections and audits.

Surveyors carrying out port state inspection of foreign flag vessels are expected to ensure that single use plastics are not in use and are kept locked in a store during their stay in Indian ports and on their passage through the territorial waters of India. A foreign ship intending to enter an Indian port is required to make a log entry identifying “Single Use Plastic Items” on board the ship. No single use plastic items are to be discharged to port reception facilities at an Indian port. The Order further clarifies that no detention of foreign ships is to be enforced.

DGS Order No. 05 (16 October 2019) is available here.

On 24 September 2019 the State of Palestine deposited a second Declaration of the State of Palestine regarding the maritime boundaries of the State of Palestine in accordance with the United Nations Convention of the Law of the Sea. In addition to repeating the provisions of the 2015 Declaration, the 2019 declaration includes geographical coordinates and an illustrative map which define the baselines and limits of the Palestinian claim:

Source: Declaration of the State of Palestine, 24 September 2019, Annex, p. 12

On the 8 October 2019 the Foreign Minister of the State of Palestine also deposited a “legal file on the maritime borders of Palestine” with the Secretary General of the Arab League, including the map and a request for circulation.

The UN Commission on the Limits of the Continental Shelf (CLCS) has approved and endorsed a joint claim from the Federated States of Micronesia, Papua New Guinea, and the Solomon Islands. The joint claim over 600,000 square kilometers of additional seabed, on what is known as the Ontong Java Plateau, was lodged in 2009. More information is available here and here.

 Map of final foot of continental slope (FOS) positions in the North and South Regions, received from the Joint Delegation on 26 July 2016. Source: Commission on the Limits
of the Continental Shelf.

Tuvaijuittuq is the first Marine Protected Area to be designated by ministerial order under the Oceans Act for interim protection. Under the order, no new or additional human activities will be allowed to occur in the area for up to five years, with the following exceptions: the exercise of Inuit rights respecting wildlife harvesting as provided for under the Nunavut Agreement; marine scientific research consistent with the conservation objectives of the MPA; safety, security and emergency activities; certain activities carried out by a foreign national, entity, ship or state. The objective of this MPA is to contribute to the conservation, protection and understanding of the natural diversity, productivity and dynamism of the High Arctic sea ice ecosystem. This MPA encompasses an area of 319 411 km2. More information is available here.

Tuvaijuittuq Marine Protected Area. Source: Fisheries and Oceans Canada.

The Bailiwick of Guernsey’s territorial seas shall increase in size on 23 July 2019. The current limit of the Bailiwick’s territorial seas is 3 nautical miles (nm) from the baselines. The new limit will be 12 nm. The territorial sea would extend to less than 12 nm wherever the distance between the baselines of the Bailiwick and the baselines of another party (France or Jersey) is less than 24 nm. Fishing access in the waters around the Bailiwick, from 0 to 12 nautical miles, will remain unchanged on the date of extension. The Bailiwick fisheries management regime will also remain the same as it was before extension until any new regime is subsequently agreed. More information is available here.

Bailiwick of Guernsey maritime boundaries. Source: States of Guernsey.

The ongoing dispute concerning the potential drilling activities of the Turkish drill ship ‘Fatih’ within the Eastern Mediterranean has triggered Cyprus to deposit with the United National Secretary General a list of geographical coordinates of points concerning the northern and north-western outer limits of the exclusive economic zone and the continental shelf.

The maritime zone notification and geographical points were deposited on the 7 May 2019, as per UNCLOS, article 75(2) and article 84(2). Turkey claims the hydrocarbon exploration is within its rights under international law, while Cyprus, Greece and the EU have condemned any drilling by the vessel ‘Fatih’ as a violation of Cypriot rights. The USA refers to the area as ‘claimed’ by Cyprus and likely to raise tensions, while Egypt also raised concerns.

Illustrative Map – Republic of Cyprus Ministry of Foreign Affairs

The Governments of Malaysia and of Singapore have entered an agreement to mutually suspend the implementation of their overlapping port limits and apply their port limits in effect prior to 25 October 2018 and 6 December 2018 respectively. They furthermore agreed to not authorise and to suspend all commercial activities in the area and to not anchor government vessels in the area. The agreement became effective on April 8, 2019. According to a statement issued by representatives of both Governments, negotiations for maritime boundary delimitation in the area are expected to commence within one month following implementation of said agreement. That March 2019 joint statement may be found here / here; a more recent joint statement confirming the schedule is available here / here. The relevant Circulars of the Maritime and Port Authority of Singapore are here and here.

Maritime boundaries between Singapore and Malaysia (Source: Singapore Ministry of Transport)

The Supreme Court of Norway has rejected the appeals of a Russian captain and a Latvian shipping company that was convicted in the Court of Appeal for having caught snow crab without a Norwegian permit. The catch took place in the fish protection zone at Svalbard, on the Norwegian continental shelf. The Supreme Court stated that the snow crab is a sedentary species within the meaning of the UNCLOS, which the coastal state of Norway, under international law, has the exclusive right to exploit. It also understood that the Svalbard Treaty does not prevent penalising the person who catches without permission and that this applies regardless of nationality. The verdict of 14 February 2019 (reference: HR-2019-282-S, case no. 18-064307STR-HRET) may be found here (in Norwegian); an English translation has also been made available here.

The Senate of Argentina has approved the creation of two new Marine Protected Areas (MPA), Yaganes and Namuncurá-Banco Burdwood II. These areas are located in the Exclusive Economic Zone of Argentina. Yaganes is approximately 69 thousand km2, while Namuncurá – Banco Burdwood II covers more than 32 thousand km2. The respective legal text (Ley 27490), published 17 December 2018, can be found here (Spanish). The press releases from the Government of Argentina may be found here (Spanish) and here (Spanish). More information about these areas may be found here.

Location of the National Marine Park of Yaganes and the National Marine Reserves of Namuncurá – Banco Burdwood II. Source: Wildlife Conservation Society

The Singapore Government on 12 December 2018 filed a declaration under Article 298(1)(a) of the United Nations Convention on the Law of the Sea (UNCLOS). This declaration means that other States Parties to UNCLOS cannot unilaterally commence third party arbitration or adjudication against Singapore in respect of maritime boundary disputes. Singapore likewise cannot unilaterally commence third party arbitration or adjudication against other States Parties for such disputes. A statement by the Ministry of Foreign Affairs of Singapore on the matter may be found here.

Japan has designated two coastal areas, Shizugawa-wan (Ramsar Site no. 2358) and Kasai Marine Park (Site no. 2357), as Wetlands of International Importance, while extending a third, Lower Maruyama River and the Surrounding Rice Paddies (Site no. 2055), in order to reinforce its conservation value. This designation took place under the Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat. More information is available here

Denmark and Poland have agreed on a maritime boundary that, once it enters into force, will delimit the Continental Shelfs and the Exclusive Economic Zones of the two countries in the Baltic Sea, south of Bornholm. The disputed area is approximately 3.600 km2. It is the last outstanding delimitation in the area of Bornholm. The maritime boundaries between Bornholm and Sweden were settled in 1984 and between Bornholm and Germany in 1988. The joint press statement may be found here and here.

The UK Government has introduced to the UK House of Commons the Fisheries Bill (Bill 278), its first reading being held 25 October 2018. As summarized in the Explanatory Notes (para. 1), “[t]he Fisheries Bill (the Bill) will provide the legal framework for the United Kingdom to operate as an independent coastal state under the United Nations Convention on the Law of the Sea 1982 (UNCLOS) after the UK has left the European Union (EU) and the Common Fisheries Policy (the CFP)”.

For more information see the Fisheries Bill (as introduced), Explanatory Notes, Delegated Powers Memorandum and press release.

Altercations between French and UK scallop fishers in the Bay of Seine (French EEZ) resurfaced on the 27 August 2018 (the “scallop wars”). The incident arose out of a failure to renew a bilateral agreement between French and UK fishermen before the start of the 2018 scallop fishing season. Consensus could not be reached upon whether to include UK vessels under 15 metres long within the industry agreement. Following a series of meetings, industry agreement was reached 17 September 2018 and endorsed by the respective French and UK ministries.

For further information see the French Ministry of Agriculture and Food communiqués and the prior statement of the UK Minister of State at the Department for Environment, Food and Rural Affairs.

Following public consultations, the Government of New Caledonia adopted on 14 August 2018 three decrees relating to the Coral Sea Nature Park.

The first introduces reserves in the Coral Sea Nature Park at Chesterfield, Bellona, Entrecasteaux, Pétrie and Astrolabe. 7,000km2 is designated réserve intégrale, whereby no access or human activity is allowed, except in the context of approved scientific research. 21,000km2 is designated réserves naturelles, whereby access is subject to governmental authorization and fishing, hunting, camping, picnics or water sports are prohibited. The second decree regulates professional tourism in the area, with a further decree reportedly being prepared for private pleasure craft, yachts, charter vessels and those who transit the maritime area. Finally, the third decree concerns adoption of a Park Management Plan.

For further information see the press releases here and here. Note, currently listed under France an independence referendum is scheduled for 4 November 2018.

Following the previously reported entry into force, the first fishing vessel detention under the port state inspection provisions of the ILO Convention (No. 188) concerning work in the fishing sector occurred in June 2018, Cape Town, South Africa. Steps for rectification and a detention fee were required before the vessel was permitted to leave.

For more information, see the ILO press release.

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).

During the 20th EU-China Summit, 16 July 2018 (Beijing, China) the European Union and China have signed an ocean partnership agreement, entitled, Blue Partnership for the Oceans: towards better ocean governance, sustainable fisheries and a thriving maritime economy. China had expressed its interest in such a partnership at previous high-level dialogues on oceans affairs (2017).

See further, the EU press release and Joint Statement (para. 33).

The fifth negotiating session between the European Union and the Kingdom of Morocco for the renewal of the Fisheries Partnership Agreement and its Protocol concluded 20 July 2018. Both parties will now proceed with their respective legislative processes to ratify the agreement. The Moroccan fishing zone includes waters in the Sahara region (art. 1). Following the previously reported CJEU Decision on this issue, the European Commission states the text that is negotiated provides for strict provisions on the geographical and social distribution of benefits. The Sahrawi delegate minister for Europe responded “neither Western Sahara nor the waters adjacent to it are part of Morocco or its exclusive economic zone”.

For more information see the press releases of the EU (2), Morocco and Sahara Press Service.

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.

The European Commission published its Proposal for a Directive of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment, 28 May 2018. The directive would apply to single-use plastic products listed in the Annex and to fishing gear containing plastic (art. 2). In general, see pp. 4-5 and 8 for the position of the proposal within wider fisheries, plastic marine litter, marine pollution and oceans governance law and policy of the EU. Preamble, para. 4 addresses the multilateral framework.

For more information, see the press release and further information on fishing gear.

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).

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).

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).

Mandatory compliance with the USA Seafood Import Monitoring Program (SIMP) became effective 1 January 2018, but shrimp and abalone inclusion was stayed until comparable traceability requirements for domestic aquaculture could be established. On 23 April 2018, the stay was lifted and thus shrimp and abalone compliance will be mandatory by 31 December 2018. According to NOAA, “The inclusion of shrimp – the largest US seafood import- and abalone in SIMP nearly doubles the volume and value of imported fish and fish products subject to its requirements, further leveling the playing field for U.S. fishermen, aquaculture producers, and seafood producers around the world who play by the rules”.

For more information see the press release. For other seafood, an “informed compliance” approach ended 9 April 2018.

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

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

On the 2 March 2018, the Russian Government signed the directive (Распоряжение от 2 марта 2018 года №352-р) establishing the Novosibirsk Islands Federal Nature Sanctuary. Found within the Republic of Sakha (Yakutia), the sanctuary covers “the Novosibirsk Islands Archipelago and adjoining waters (a section of inland sea and the territorial sea of the Russian Federation with a width of 12 nautical miles adjoining the territory of the Novosibirsk Islands Archipelago)”. This is in accordance with Federal Law of March 14, 1995 No. 33-FZ “On Specially Protected Natural Territories”.

For more information, see press release (English), Order №352-р (in Russian), and Federal Law No. 33-FZ (in Russian).