On the 10th November 2016, the EU Commission and the High Representative for Foreign Affairs and Security Policy adopted a Joint Communication, entitled, International ocean governance: an agenda for the future of our oceans.
For further information see here, and the Joint Communication here.
Filed under International Organizations, State Practice
Following the previously reported 2014 and 2015 Our Ocean Conferences, the third Our Ocean Conference was held in Washington, DC (USA), 15-16 September, 2016. Over 136 new initiatives on marine conservation and protection were announced and the initiative is set to continue past the Obama Administration with the conferences in 2017 hosted by the European Union in Malta, in 2018 in Indonesia, and in 2019 in Norway.
For more information see the 2016 Conference Website, and the New Commitments Factsheet.
For those interested in the proposed negotiations of an international agreement under the WTO to prohibit harmful fisheries subsidies see the related Joint Statement Regarding Fisheries Subsidies.
Filed under Events, State Practice
According to the Ministry of Foreign Affairs of Ukraine, “[o]n 14 September 2016, the Ministry of Foreign Affairs of Ukraine officially served the Ministry of Foreign Affairs of the Russian Federation with a notification of arbitration and statement of claim instituting ad hoc arbitral proceedings under Annex VII of UNCLOS”.
For more information, see here.
Filed under Jurisprudence, State Practice
A maritime delimitation agreement has been reached between Colombia, Costa Rica and Ecuador. This agreement has been formally reached at the Galapagos islands of Ecuador. For Ecuador’s official statements check here, here and here. For Colombia’s official statement check here. For Costa Rica’s official statement check here (p.3). The following map depicting the agreement has been put forward by the Ecuatorian newspaper El Telégrafo:
Filed under State Practice
The Commission on the Limits of the Continental Shelf has communicated its recommendation for the establishment of the outer limits of the Uruguayan continental shelf. According to a statement by the Ministry of Foreign Affairs of Uruguay, this recommendation implies “a territorial extension for Uruguay of approximately 83.000 sq km, encompassing all its continental margin and allowing to establish what has been called the country’s final frontier at 350 nautical miles”. The statement can be found here, together with the following map:
Filed under International Organizations, State Practice
The Rotterdam World Port Days will be held from the 2-4 September 2016, with events across the city centre and port area of Rotterdam, the Netherlands. Entrance is free, but some excursions require the purchase of a ticket.
For more information, and programme, see here.
Filed under Events, Non-State Actors, State Practice
On the 23 June 2016, Indonesia ratified the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA), having signed on the 22 Nov 2009.
On the 23 June 2016, Saint Vincent and the Grenadines acceded to the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA).
for more information, please see the status of the PSMA.
Filed under State Practice, Treaties
On the 23 June 2016, Cape Verde acceded to the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA).
for more information, please see the relevant FAO news coverage, and the latest information on the status of the PSMA.
Filed under State Practice, Treaties
The 16 June 2016 marked the accession of Azerbaijan to the United Nations Convention on the Law of the Sea (UNCLOS). In accordance with UNCLOS, Article 308(2), the Convention shall enter into force for Azerbaijan on 16 July 2016.
For more information, see here.
Filed under State Practice, Treaties
Following the succession of State accessions in May 2016 to the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA), Guinea has acceded to the PSMA on the 3rd June 2016.
For the current status of the PSMA, see here.
Filed under State Practice
Timor-Leste initiated compulsory conciliation with Australia on the 14th April 2016, under the provisions of UNCLOS, in order “to facilitate the conclusion of an agreement with Australia on permanent maritime boundaries”. On the 2nd May 2016 the government of Australia has informed Timor-Leste of its two appointments to the Conciliation Commission. They shall now work with the two Timor-Leste appointed conciliators in order to appoint a fifth member, before the Commission begins its work.
For more information see the official press releases here, and here.
Filed under State Practice
The Republic of the Marshall Islands has reached a major milestone in ocean resource management and international relations following the submission of their completed maritime boundary legislation to the United Nations on 22 April 2016. This legislation includes more than 450 pages of geographical coordinates, treaty agreements, and a total of 25 charts which will officially declare the baselines and the outer limits of all of its maritime zones under the national jurisdiction of the Marshall Islands. More information available here.
Filed under State Practice
During the month of February, Barbados (2 February 2016) and South Africa (16 February 2016) acceded to the FAO Port State Measures Agreement (PSMA). The PSMA will enter into force 30 days after the 25th ratification, acceptance, approval or accession.
The current status of the PSMA can be found here.
Filed under State Practice, Treaties
On the 14th January 2016 the Republic of Korea became the 19th party to the FAO Port State Measures Agreement (PSMA). The PSMA will enter into force 30 days after the 25th ratification, acceptance, approval or accession.
The current status of the PSMA can be found here.
Filed under State Practice, Treaties
On the 1st December 2015 Palau ratified the FAO Port State Measures Agreement (PSMA) to become the 15th party following the accession of Somalia on the 9th November 2015.
For further coverage see here and here.The current status of the PSMA can be found here.
Filed under State Practice
The second Our Ocean conference was held in Valparaiso, Chile from 5-6 October. Participants announced over 80 new initiatives, covering the protection of ocean areas, promoting sustainable fisheries, reducing marine pollution, preventing and monitoring ocean acidification, building capacity, supporting coastal communities, and mapping and understanding our ocean.
For more information see the conference website, and the commitments 2015.
Filed under Events, State Practice
After several rounds of negotiations in the past two years, Taiwan and the Philippines concluded the Agreement Concerning the Facilitation of Cooperation on Law Enforcement in Fisheries Matters on November 5, 2015. The agreement contains seven articles and includes three important points of consensus that have already been implemented—avoiding the use of violence or unnecessary force, establishment of an emergency notification system, and establishment of a prompt release mechanism. More information can be found on the website of the Ministry of Foreign Affairs of the Republic of China (Taiwan): here and here.
Filed under State Practice, Treaties
The western Pacific archipelago of Palau has approved the creation of a marine sanctuary. The sanctuary becomes the world’s sixth-largest fully protected area. This means that 80% of the nation’s maritime territory is now designated as a reserve. The bill to create it was passed unanimously, 16-0 in the house of delegates, and the senate voted to adopt it. The declaration of the President of Palau can be found here, together with the Act.
The area of the sanctuary as depicted by Pew Charitable Trusts.
Filed under State Practice
On the 6th October 2015, Japan submitted a revised Declarations Recognizing as Compulsory the Jurisdiction of the International Court of Justice Under Article 36, Paragraph 2, of the Statute of the Court. Note the acceptance of compulsory jurisdiction does not apply to:
“(3) any dispute arising out of, concerning, or relating to research on, or conservation, management or exploitation of, living resources of the sea”
For further information, see here.
Filed under State Practice
The Prime Minister of New Zealand (John Key) has announced at the UN General Assembly the creation of a ‘Kermadec ocean sanctuary’ which will extend out to 200nm in the region. Domestic legislation is to be passed next year, according to the New Zealand government, and the sanctuary ‘will create a no-take, fully-protected zone preventing all fishing and mining in the area’.
More information available here, and an governmental overview here.
Filed under State Practice
The European Commission is holding an ongoing public consultation (4th June – 15th September 2015), aimed at gathering stakeholder input into ‘how the EU could contribute to achieving better international governance of oceans and seas to the benefit of sustainable blue growth‘. The results will be combined with other sources to ‘develop a more coherent, comprehensive and effective EU policy on improving the international ocean governance framework’.
For an overview see the brochure. For further information and to participate see here.
Filed under International Organizations, State Practice
Despite the Note Verbale sent to the PCA on 1 August 2013, in which it reiterated “its position that it does not accept the arbitration initiated by the Philippines”, China has now reacted to the initiation of arbitration procedures through an official statement published in the Government’s website. You can have access to the whole document here: Position Paper of the Government of the People’s Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines. The deadline for an official reply from PRC to the arbitration court is the 15 December 2014.
Filed under Jurisprudence, State Practice
Further commitments by states at the Our Ocean Conference (16-17th June) to ratify the United Nations Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSM Agreement), will bring the PSM Agreement closer to entry into force – with nearly half the required number of parties. A Presidential Memorandum by US President Barack Obama, demonstrated continued commitment to seek congressional ratification of the PSM Agreement. As reported by the US Department of State, several states have made, or are shortly forthcoming, commitments to expanded marine protected areas (MPA) within the Pacific Ocean. This includes commitments by the Cook Islands, Bahamas and Palau – with a total area covered at approximately 3 million square kilometers. Should the announced USA Pacific Ocean MPA be formally adopted, it will replace the New Caledonia Coral Sea Nature Park as the World’s largest MPA. More information on this conference (attended by approximately 400 government officials, marine experts and conservation organizations from 80 countries) to be found here.
Filed under State Practice
Seven Members of the International Tribunal for the Law of the Sea were today elected at the twenty-fourth Meeting of States Parties to the United Nations Convention on the Law of the Sea, in session at the United Nations Headquarters in New York. The States Parties re-elected the following five Members: Judge Yanai (Japan), Judge Hoffmann (South Africa), Judge Pawlak (Poland), Judge Kateka (Tanzania) and Judge Paik (Republic of Korea). In addition, the Meeting elected Mr Alonso Gómez-Robledo Verduzco (Mexico) and Mr Tomas Heidar (Iceland). The judges were elected for a term of nine years commencing on 1 October 2014. More information on who’s who can be found here.
Filed under State Practice
The foreign policy communiqué of the Group of 7 (G7), published 4th June 2014, covers an item of particular interest to the law of the sea:
Maritime Navigation and Aviation
16. We reaffirm the importance of maintaining a maritime order based upon the universally-agreed principles of international law. We remain committed to international cooperation to combat piracy and other maritime crime, consistent with international law and internationally recognised principles of jurisdiction in international waters. We are deeply concerned by tensions in the East and South China Sea. We oppose any unilateral attempt by any party to assert its territorial or maritime claims through the use of intimidation, coercion or force. We call on all parties to clarify and pursue their territorial and maritime claims in accordance with international law. We support the rights of claimants to seek peaceful resolution of disputes in accordance with international law, including through legal dispute settlement mechanisms. We also support confidence-building measures. We underscore the importance of the freedom of navigation and overflight and also the effective management of civil air traffic based on international law and International Civil Aviation Organization standards and practices.
It is available here.
Filed under State Practice
The World’s largest Marine Protected Area has been created in French New Caledonia. First announced in August 2012, the strategic analysis has been finally concluded and led to the formal adoption of a marine protected area covering nearly 1.3 million square kilometers. For more information see the French Agence des aires marines protégées, and its press release.
Perimeter of the Coral Sea natural park in French New Caledonia. © Agence des aires marines protégées
Filed under State Practice
De Maribus 