Category Archives: Treaties

EU/UK: Draft Withdrawal Agreement Reached at Negotiators’ Level

On 14 November 2018 the Draft Withdrawal Agreement and Outline of the Political Declaration on the Future Relationship were finalised and agreed at the negotiator level. This is now subject to legal verification, whereby the final agreement and declaration are subject to endorsement and adoption, respectively.

Arrangements relating to fishing opportunities during the transition period are found within Article 130. If an agreement on the future EU-UK relationship is not applicable by 31 December 2020, the single EU-UK customs territory forming part of the “backstop solution” (Protocol on Ireland/Northern Ireland, Article 6) will exclude fishery and aquaculture products “unless an agreement on access to waters and fishing opportunities is applicable between the Union and the United Kingdom”. The Withdrawal Agreement and Political Declaration both highlight the commitment to “use their best endeavours to conclude and ratify such an agreement before 1 July 2020”.  The Protocol relating to the Sovereign Base Areas in Cyprus preserves EU fisheries law for Sovereign Base Areas (Article 6), while the Protocol on Gibraltar establishes UK-Spain coordinating procedures for fisheries (Article 4).

See further the Joint Statement (14 Nov 2018), Déclaration par Michel Barnier and the European Commission recommendation to the European Council.

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Arctic: Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean signed

On the 3 October 2018, the United States, Canada, the Kingdom of Denmark, the European Union, Iceland, Japan, the Republic of Korea, the Kingdom of Norway, the People’s Republic of China, and the Russian Federation signed the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOF Agreement). The agreement covers approximately 2.8 million square kilometers and will establish and operate a Joint Program of Scientific Research and Monitoring (art. 4). Unregulated fishing in the high seas of the central Arctic Ocean is prohibited for 16 years following entry into force (arts. 3, 11, 13). Sedentary species are not included (art. 1).

See further, the CAOF Agreement, and statements by the EU, USA and Russia.

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ITLOS: Amendment to the Rules of the Tribunal

Pursuant to the Statute of the International Tribunal for the Law of the Sea, Article 16, the International Tribunal for the Law of the Sea (ITLOS) has amended the Rules of the Tribunal, on the 25 September 2018, namely Articles 60(2) and 61(3). Both provisions have been amended through the addition of:

“If the Tribunal is not sitting, its powers under this article may be exercised by the President of the Tribunal, but without prejudice to any subsequent decision of the Tribunal.”

The amendments immediately entered into force. The rationale for amendment given by the Tribunal was “in the interest of the efficient and cost-effective administration of justice”.

For further information see the Amendments (25 September 2018) and ITLOS Press Release 275.

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Caspian: Convention on the Legal Status of the Caspian Sea signed

The member states of the informal group “Caspian-five”, composed of Azerbaijan, IranKazakhstanRussia and Turkmenistan, have signed (12 August 2018) the Convention on the Legal Status of the Caspian Sea. This international treaty replaces previous Soviet-Iranian instruments, namely the Treaty of Friendship between Persia and the Russian Socialist Federal Soviet Republic of February 26, 1921 and  the Treaty on trade and navigation of 25 March 1940. With this new treaty, the parties agree that the Caspian Sea is not a lake. Among other issues addressed by the treaty, the Caspian Sea bordering states will now be able to lay pipelines on the seabed without obtaining the approval of all the other coastal states, but rather only the approval from those coastal states whose sector the pipeline should pass through (Article 14). The treaty also features the principle of absence of armed forces not belonging to the parties in the Caspian Sea (Article 3). Six other international legal instruments were also signed by the parties, namely on the fight against terrorism, the fight against organised crime, economic cooperation, transportation, accident prevention, and  interaction of border authorities. The text of the agreement may be found here (in Farsi). A statement from the United Nations Secretary-General may be found here.

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Caspian Sea region oil and natural gas infrastructure. Source: U.S. Energy Information Administration.

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TPP-11: Comprehensive and Progressive Agreement for Trans-Pacific Partnership signed

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, also known as the TPP11) was signed by 11 states, 8 March 2018, in Santiago, Chile. The agreement retains the contents of the original Trans-Pacific Partnership (TPP), but includes 20 agreed suspensions, mainly in the area of intellectual property. The annexed Joint Ministerial Statement by CPTPP signatories, “expressed their determination to complete their domestic processes to bring the Agreement into force expeditiously”. Without claiming to be exhaustive, Chapter 20, Environment, is of interest to the law of the sea given its inclusion of ship-source pollution and marine capture fisheries.

For more information, see the CPTPP text, Joint Statement, Press release (Chile) and original TPP text.

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Australia/Timor-Leste: Treaty establishing maritime boundaries in the Timor Sea signed

Following previous coverage (here), Australia’s Minister for Foreign Affairs and Timor-Leste’s Deputy Minister Assisting the Prime Minister on Boundary Delimitation, signed the Treaty Between Australia and the Democratic Republic of Timor-Leste Establishing Their Maritime Boundaries in the Timor Sea, 6 March 2018, at the United Nations Headquarters. The agreement may be found here.

For further information, see the respective press releases of Timor-Leste (2),  Australia (2) and the PCA. A video of the proceedings is available here.

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Maritime Boundaries in the Timor Sea. Source: Australian Government, Department of Foreign Affairs and Trade

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CBD: Nagoya – Kuala Lumpur Supplementary Protocol enters into force

The Nagoya – Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety, adopted 15 October 2010, entered into force 5 March 2018 with 41 contracting parties. The instrument provides for rules and procedures on liability and redress for damage resulting from transboundary movements of living modified organisms. Article 2(2)(b) defines “damage” to biodiversity.

For more information see the Nagoya – Kuala Lumpur Supplementary Protocol, press releasefactsheet and status.

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