Category Archives: State Practice

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)

The Seychelles announced two new Marine Protected Areas (MPAs) covering 210,000 square kilometers (81,000 square miles), 21 February 2018. The MPAs were created as part of the first ever debt-for-conservation deal, designed by The Nature Conservancy. MPAs includes 74,400 sq. km surrounding the Aldabra Group, and 136,000 sq. km between the Amirantes Group and Fortune Bank. $21.6 million of sovereign debt was purchased at a discount, with repayments now made at more favourable terms to the Seychelles Conservation and Climate Adaptation Trust (SeyCCAT).

For more information, see The Nature Conservancy press release and Marine Spatial Plan Phase 1 documentation.

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)

The UK Parliamentary Office of Science and Technology (POST) has published a POSTnote, entitled, UK Fisheries Management, 21 February 2018. The POSTnote focuses on marine capture fisheries, including future challenges.

For more information, see here.

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)

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

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.

On the 26 January 2018, the State Council Information Office of the People’s Republic of China released a white paper, entitled, China’s Arctic Policy. China defines itself as a “Near-Arctic State” before setting out its policy goals.

For more information see the full text here.

The 14th Regular Session of the Western & Central Pacific Fisheries Commission (WCPFC) adopted a series of Conservation and Management Measures (CMMs), including CMM 2017-02, Conservation and Management Measure on minimum standards for Port State Measures, issued the 7 December 2017. Bar the provisional application of CMM 2017-01 (1 January 2018), the CMMs are set to enter into force 6 February 2018.

For more information, see here.

The Ship Pollution Control Implementation Plan of Hainan Province, implemented 3 November 2017 to 3 December 2018, will include a port state inspection campaign. This will be  focused upon compliance with  the International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978, Annex VI and the International Convention for the Control and Management of Ships’ Ballast Water and Sediments.

For more information see here (English translation), and here.

The Argentine National Sanitary Authorities (SENASA) has introduced Resolution 693-E/2017, which entered into force on 1 November 2017. This Resolution outlines a control system for the approval of holds/tanks of vessels and barges destined to export grains, its products and by-products. Specific criteria for when to object to or reject holds or tanks, such as the presence of live insects, loose rust scale, excessive humidity, etc., are included. This Resolution shall be applicable to all river and maritime ports. It will initially be in operation for a trial period of 1 year. The Resolution is available here (in Spanish) or here (English translation).

The Federal Administrative Court in Leipzig dismissed on 28 November 2017 the actions brought by the towns of Cuxhaven and Otterndorf, as well as by Elbe and coastal fishermen, against the planning approval decisions for the fairway adaptation in the lower and outer Elbe. The court said that while assessing the appeals it decided to give priority to the public interest stemming from the deepened Elbe waterway. The project, aimed at adjusting the navigation channel on the lower and outer Elbe river, would enable the Port of Hamburg to accommodate mega ships. Around 130 kilometers of the river is to be dredged, enabling container ships with a 14.5 meter draft to reach the port. More information may be found here (in German).

Commission Implementing Regulation (EU) 2017/2178, 22 November 2017, amends Regulation (EU) No 468/2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing. As with previous amendments, the Union list is compiled from RFMO/A listed IUU fishing vessels (Regulation (EC) No 1005/2008, art. 30) and does not as yet make use of the unilateral listing procedure (Regulation (EC) No 1005/2008, art. 27(1)).

For more information see here (citation: OJ L 307, 23.11.2017, p. 14–24).

The Norwegian Ministry of Climate and Environment has announced a future ban on sewage waste deposits from ships within 12 nautical miles from land along the Norwegian coast and around Svalbard. The Minister has said that the regulations for such deposits will be stricter and that they will apply to all kinds of vessels, regardless of their size and how many persons they are certified to take. This will translate into a change of the requirements for sewage discharges from ships to the north and west of Lindesnes by the end of 2018. More information may be found here (in English, only on measures to combat marine litter) and, with more detail, here (in Norwegian). The letter of the Minister may be found here (in Norwegian).

On the 24 November 2017, the President of Mexico signed the Revillagigedo National Park Decree, establishing the Revillagigedo Archipelago National Park of approximately 14.8 million hectares. Fishing, resource extraction and construction will be restricted.

For more information see the official press release here and Pew Trust coverage here.

The US House of Representatives’ Homeland Security Committee has passed legislation aimed at addressing cybersecurity concerns at the country’s ports. The legislation’s main goals are to improve information sharing and collaboration in facing up to cybersecurity risks at ports in the US. The bill requires the Department of Homeland Security to facilitate increased information sharing about cybersecurity among maritime interests, namely to establish voluntary reporting guidelines for maritime-related cybersecurity risks and incidents. It also requires the Coast Guard to direct each Area Maritime Security Advisory Committee to facilitate the sharing of information about, and development of plans to address, port-specific cybersecurity vulnerabilities. More information is available here.

The new Queensland Government’s Sustainable Fisheries Strategy (2017-2027) will require licensed fishing charter operators to have vessel tracking by 2020, with a priority to install units on net, line and crab commercial fishing vessels by the end of 2018. As a consequence of this measure, commercial fishing vessels in that Australian state will have to be fitted with GPS tracking devices in order to monitor the sustainability of fish stocks. More information is available here.

The Council of the European Union has adopted conclusions on Paris Agreement and is preparing for the upcoming UNFCCC meetings. Among other statements, the EU is calling on the International Maritime Organization (IMO) to “further accelerate its efforts to reduce greenhouse gas emissions from the maritime sector and to adopt in April 2018 an ambitious initial IMO Strategy on reduction of greenhouse gas emissions from ships including further measures in line with the IMO roadmap and the long term temperature goals of the Paris Agreement”. The COP23 UN Climate conference takes place in Bonn, Germany, on 6-7 November 2017. It will be the moment to develop detailed guidelines for implementation. The EU Council document may be found here.

The President of Chile, Michelle Bachelet, announced, on the 7 September 2017, the designation of 700,000 square kilometers of marine protected areas (MPA) in Easter Island, following the first indigenous consultation on MPAs.

For more information see the press release here. A global overview of MPAs can be found on protectedplanet, here.

On August 11, 2017, Transport Canada took action to protect whales by implementing a temporary mandatory slow down of vessels 20 metres or more to a maximum of 10 knots. The speed restriction applies to vessels travelling in the western Gulf of St. Lawrence, between the Quebec north shore and just north of Prince Edward Island. The marine notice may be found here. In one case, Transport Canada has taken action by issuing a $6,000 penalty to the Seven Seas Navigator and to the Petalon for an alleged non-compliance with the temporary mandatory slow down. Information on these cases may be found here and here.

The United Kingdom’s Department of Transport has launched a cyber security code of practice for ships. This initiative provides information on implementing and maintaining good cyber security practices on maritime vessels. It links to a past initiative, the cyber security for ports and port systems code of practice, launched on August 2016. The guidance will be complementing the work being done by the IMO to raise awareness of cyber threats and vulnerabilities. More information on these initiatives is available here.

At the 2nd Indian Ocean Conference, 31 July – 1 August 2017, the Prime Minister of Sri Lanka and the Secretary to the Ministry of Foreign Affairs recalled their position that a code of conduct upon the freedom of navigation and overflight was necessary for the Indian Ocean. The Prime Minister noted “Sri Lanka will soon commence exploratory discussions on convening a meeting to deliberate on a stable legal order on freedom of navigation and over flight in the Indian Ocean”.

For more information see the ministry of foreign affairs statement, and prime minster’s speech (unofficial transcript). Further insight may be provided by a previous speech on the matter at Deakin University.

Ukraine sent a note of protest to the Russian Federation, 11 August 2017, in connection with the introduction by the Russian Federation of a ban on navigation through the Kerch Strait during August and September 2017, related to the construction of a bridge across the Kerch Strait. Ukraine objects to both the ban and construction.

For further information, see here. Also note the pending Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation), PCA Case No. 2017-06, previously reported here.

On 13 August 2017 the Chinese Flagged Fu Yuan Yu Leng 999 was boarded by Ecuadorian authorities within the Galapagos Marine Reserve, carrying a reported 300 tons of marine fauna, including hammerhead sharks. On the 27 August 2017 judgement was delivered, sentencing the crew to 1-4 years in prison, a 5.9 million dollar fine, and the confiscation of the vessel for violation of  Article 247 of the Código Orgánico Integral Penal.

For more information see the Ministry of the Environment press release on boarding (here) and sentencing (here).

Fu Yuan Yu Leng 999: Dirección de Comunicación, Ministerio del Ambiente

Having failed to follow an order to leave the Songa Enabler safety zone, issued by the Troms Police District, 17 August 2017, the Greenpeace vessel, the Arctic Sunrise, has been boarded and towed away by the Norwegian Coast Guard.

See further the order here, and Greenpeace response here.

The Government of Canada, the Government of Nunavut and the Qikiqtani Inuit Association announced an agreement on the final boundary for a future national marine conservation area (NMCA) in Tallurutiup Imanga / Lancaster Sound. A section of this area twice the size of Nova Scotia will be protected, making it the largest marine conservation area in Canada. This conservation area will protect Inuit harvesting rights guaranteed under the Nunavut agreement and ensure the protection of species at risk. More information may be found here.

The joint statement, issued at the conclusion of the Australia-Japan-United States Trilateral Strategic Dialogue Ministerial, 6 August 2017, touched upon the maritime disputes in the South China Sea. Calling upon all claimants to clarify their claims in compliance with UNCLOS and to respect the Philippines-China Arbitration Award, the statement also called for the proposed ASEAN Code of Conduct for the South China Sea to be legally binding.

For more information see the Joint Statement here. For the ASEAN and China consensus on a framework for the Code of Conduct for the South China Sea (without reference to its legal status) see the Joint Communiqué of the 50th ASEAN Foreign Ministers’ Meeting here.

The Government of Canada has introduced the proposed Oil Tanker Moratorium Act in Parliament, respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast. The proposed legislation aims to prohibit oil tankers carrying more than 12,500 metric tonnes of crude and persistent oils as cargo from stopping, loading or unloading at ports or marine installations in northern British Columbia. The Bill can be found here.

The Third Pacific Regional Energy and Transport Ministers’ Meeting, held 24-28 April 2017 (Nuku’alofa, Tonga), adopted the Memorandum of Understanding on Flag State Implementation for Domestic Ship in the Pacific Islands Region (Pacific MoU), the first in the world to address the safety of domestic shipping. Despite inclusion in previous discussions, port state control was excluded form the MoU to avoid duplication with the Tokyo MoU.

For more information see the Pacific MoU, Communiqué and the Transport Resolutions (paras. 21-22). Other documentation and resources from the meeting are available here.

The Parliament of Australia has passed the Protection of the Sea (Prevention of Pollution from Ships) Amendment (Polar Code) Bill 2017. Its purpose is to amend the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (POTS Act) to fulfil Australia’s international obligations under the International Code for Ships Operating in Polar Waters (Polar Code), which entered into force on 1 January 2017, and in particular to implement stricter requirements for discharging oil, noxious substances, sewage and garbage from ships in Antarctic and Arctic waters. More information about that Bill can be found here.

The Fiordland Marine Regional Pathway Management Plan is the first of its kind in New Zealand. The Plan aims to greatly reduce the risk of marine pests being carried in on local and visiting vessels. The plan sets out a number of rules and standards that must be met by all vessels entering within one nautical mile of the landward boundary of the Fiordland Marine Area and requires vessel operators to obtain a Fiordland Clean Vessel Pass. For more details visit this page.

The Republic of the Marshall Islands has issued a Marine Safety Advisory, which provides guidance on the testing of Low Sulfur Marine Gas Oil fuel oil by port States in order to ensure ships are using fuel with no more than 0.10 percent sulfur content for MARPOL compliance. The advisory highlights the International Maritime Organization Circular MEPC.1/Circ.864 (Guidelines For Onboard Sampling For The Verification Of The Sulphur Content Of The Fuel Oil Used On Board Ships), issued in December. It also advises that plans should designate a ship’s representative responsible for retaining and securing the spot sampling container in accordance with Article 6 of EU Decision 2015/253. The document is available here.