The International Seabed Authority’s Secretary-General Award for Excellence in Deep Sea Research is intended to recognize and encourage the achievements of young researchers from developing countries who have made outstanding contributions to the advancement of scientific knowledge of the deep sea environment or to the development of environmentally sustainable regulatory frameworks. Nominations and applications are open until 29 April 2020.
Conference: International Ocean Governance Forum
The European Commission and the European External Action Service shall host an event, entitled, International Ocean Governance Forum, 22-24 April 2020, in Brussels, Belgium. A high level event is followed by 3 thematic working groups, namely, (1) Improving the international ocean governance framework, (2) Reducing pressure on oceans and seas and creating the conditions for a sustainable, and (3) Strengthening the ocean knowledge system.
For more information and registration see here.
Filed under Events
UK: Fisheries Bill (HL) 2019-2020 First Reading
On 29 January 2020 the UK Parliamentary Under Secretary of State (Minister for Rural Affairs and Biosecurity) introduced to the House of Lords the Fisheries Bill (HL Bill 71). As previously reported, the bill was first introduced during the last parliament in the House of Commons. As set out in the Explanatory Notes (HL Bill 71):
Since the Bill was most recently considered in the last Parliament, the Government has included additional provisions: a single set of UK-wide fisheries objectives (including a new climate change objective); a duty to create fisheries management plans to fish at sustainable limits for all stocks; and a broadening of the grant making power. The Bill also provides further powers for the Welsh and Scottish Governments that reflect a number of those granted to the Secretary of State, and a change to the commencement provisions (para. 3).
Of particular interest for international fisheries law is the climate change objective (clause 1(1)(h), 1(9)) and the fisheries management plan obligations (clauses 6-9).
For further information see the Human rights memorandum and the previous white paper, Sustainable fisheries for future generations. Progress of the Bill may be followed here.
Filed under State Practice
Vacancy: research position at the University of Tasmania
The University of Tasmania (Australia) accepts expressions of interest and applications for the project Evaluation of governance and economic measures to prevent and deter Illegal, Unreported and Unregulated fishing. This interdisciplinary project will evaluate the effectiveness of economic and policy tools that governments and international organisations utilise to deter and prevent IUU fishing in national jurisdictions and on the high seas. It will examine issues that exacerbate the IUU fishing problem such as vessels flying flags of convenience, the transshipment of catches, and links to organised transnational criminal activities.
Closing date is 31 March 2020. The vacancy can be found here.
Filed under Vacancies
Conference: Maritime Law & Policy Postgraduate Research
The London Universities Maritime Law and Policy Research Group will host the 11th Maritime Law & Policy International Postgraduate Research Conference, 3 April 2020, at City, University of London (London, UK). Details for submitting abstracts is forthcoming.
For further information see here.
Call for Papers: Environmental Crimes
The Common Good Foundation, Durrell Wildlife Conservation Trust, The Center for World Indigenous Studies, The Jersey Law Commission, and The Resolution Journal, shall host the 2nd Environmental Crimes Conference, 1-2 October 2020 in Saint Helier (United Kingdom). Abstracts are welcome until 6 March 2020.
For more information see here.
Singapore/Malaysia: Sub-Committee to Commence Negotiations on Maritime Boundary Delimitation of Pedra Branca, Middle Rocks and South Ledge
The eighth meeting of the Malaysia-Singapore Joint Technical Committee (MSJTC) on the Implementation of the International Court of Justice Judgment on Pedra Branca, Middle Rocks and South Ledge was held 21 January 2020 in Kuala Lumpur, Malaysia. The outcomes of the meeting include:
“The Meeting further agreed for the Sub-Committee on Maritime Boundary Delimitation of Pedra Branca, Middle Rocks and South Ledge to commence negotiations.”
For further information see the Joint Press Statement by the Ministry of Foreign Affairs for Singapore and Malaysia respectively.
The MSJTC is a cooperative process established to implement the 2008 ICJ Judgment (Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore)). See further the discontinued Request for Interpretation of the Judgment of 23 May 2008 in the case concerning Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore) (Malaysia v. Singapore).
Filed under State Practice
Call for abstracts: Sustainable Ocean Project
The Sustainable Ocean Project is holding its final conference on 3-4 September 2020 in Utrecht (the Netherlands). This project has been dealing with the following overarching research question since 2015: how can the law contribute to the sustainable use of the oceans and strike a balance between competing interests at sea?
The conference will be structured around four interrelated themes:
- Due diligence as obligation and/or balancing standard;
- Balancing principles in international law interpretation;
- The role of regionalism in the accommodation of multiple interests;
- The role of state consent and the participation of other actors in international law-making and law implementation.
Abstracts are accepted until 30 March 2020. More information is available here.
Filed under Calls
Call for Papers: Solidarity in the Context of Natural Resources Management
The ESIL Interest Group on International Environmental Law shall host an event at the 2020 ESIL Research Forum, entitled, Solidarity in the Context of Natural Resources Management, 23 April 2020 at the University of Catania (Catania, Italy). Track I may be of interest to law of the sea scholars. Abstracts are welcome until 14 February 2020.
For more information see the call for papers.
Conference: Biodiversity Beyond National Jurisdiction – Where are we and where to next?
For further information and registration (fees apply) see here.
Filed under Events
Call for Papers: Beyond National Jurisdiction
The American Society of International Law, the Australia and New Zealand Society of International Law, the Canadian Council on International Law, and the Japanese Society of International Law shall host the Eighth International Four Societies Conference, entitled, Beyond National Jurisdiction, 16-17 June 2020, at UC Berkeley School of Law (Berkeley, USA). Applications are welcome until 31 January 2020.
For more information (including membership requirements) see the call for abstracts.
UK/USA: agreement concerning the Shipwrecked Vessel RMS Titanic enters into force
The agreement concerning the Shipwrecked Vessel RMS Titanic signed by the United Kingdom (UK) and the United States of America (USA) has entered into force. This treaty was signed in 2003 by the United Kingdom, but was only accepted by the United States of America on 18 November 2019. Among other obligations, the treaty posits that
Each Party shall take the necessary measures, in respect of its nationals and vessels flying its flag, to regulate through a system of project authorizations:
(a) entry into the hull sections of RMS Titanic so that they, other artifacts and any human remains are not disturbed; and
(b) activities aimed at the artifacts from RMS Titanic found outside the hull of the wreck so that all such activities are, to the maximum extent practicable, conducted in accordance with the Rules.
This treaty strengthens the basic level of protection for the wreck afforded by UNESCO since 2012. Lying in international waters, the wreck was previously not protected by explicit legislation. The text of the treaty can be found here. More information is available here.
Filed under Treaties
Conference: The 25th UNCLOS Anniversary Seminar
The Universitas Indonesia Faculty of Law shall host a conference, entitled, The 25th UNCLOS Anniversary Seminar, 5-6 February 2020, at Aryaduta Hotel (Jakarta, Indonesia).
For more information and RSVP see here.
Filed under Events
Call for Papers: Contemporary Challenges of International Environmental Law
The University of Ljubljana Faculty of Law shall host a conference, entitled, Fourth Contemporary Challenges of International Environmental Law Conference, 20-21 April 2020, at the University of Ljubljana (Ljubljana, Slovenia). Abstracts for papers and posters are welcome until 30 January 2020. Numerous suggested topics could be addressed from a law of the sea perspective.
For further information see here.
Conference: 12th International Forum on IUU Fishing
Chatham House shall host a forum, entitled, 12th International Forum on Illegal, Unreported and Unregulated Fishing, 19 March 2020 at Chatham House (London, UK).
For further information and registration see here.
Update 12/05/2020: This event is now a series of webinars 18-22 May 2020. See here.
Filed under Events
Call for Papers: AsianSIL Regional Conference 2020 & Junior Scholars’ Conference 2020
The Nepalese Society of International Law and the Nepal Chapter of AsianSIL shall host the Regional Conference of the Asian Society of International Law (AsianSIL) 2020, entitled, Power and the Development of International Law: Asian Perspectives, on the 6 June 2020 in Kathmandu (Nepal). The Junior Scholars’ Conference 2020, entitled, New Challenges in International Law, will be held 5 June 2020 in Kathmandu (Nepal). A non-exhaustive list of topics is included in the call for papers, including numerous law of the sea interests. Abstracts are welcome until 15 February 2020.
For more information see the call for papers.
Indonesia: Diplomatic protests following Chinese activities in Natuna waters
On the 30 December 2019 the Ministry of Foreign Affairs of the Republic of Indonesia formally protested against Chinese vessels allegedly involved in IUU fishing activities in Indonesia’s EEZ (referred to by Indonesia as the ‘North Natuna Sea’), as well as the presence of a Chinese Coast Guard vessel. Indonesia’s response included summoning the Chinese Ambassador to Jakarta and submitting a diplomatic memorandum of protest.
The Indonesian position repeated its rejection of the Chinese ‘nine-dash line’, reiterated China’s obligations to comply with both UNCLOS (as a state party) and the South China Sea Arbitration Award (UNCLOS, Annex VII, Article 11; South China Sea Arbitration Award, Paragraph 1200) and reiterated Indonesia’s position that Indonesia does not have any overlapping jurisdiction with China in the South China Sea. On 1 January 2020 a subsequent statement by the Ministry of Foreign Affairs of the Republic of Indonesia rejected the claims by China to historic maritime waters as without legal basis, as well as any Chinese references to ‘relevant waters’ as unrecognized in UNCLOS. “Indonesia Urges the People’s Republic of China to explain the legal basis and clear boundaries regarding the claims of the PRC in [the South China Sea] based on UNCLOS 1982” (Paragraph 3 [in Indonesian]).
In November 2015 a Chinese spokesperson stated “[t]he Chinese side has no objection to Indonesia’s sovereignty over the Natuna islands”. To date, in response to the December 2019 incident a Chinese spokesperson (31 December 2019; 2 January 2020) has repeated its general position on the South China Sea without further detail.
Filed under State Practice
Morocco: maritime delimitation bills approved
The Parliament of Morocco (Commission des Affaires étrangères, de la défense nationale, des affaires islamiques et des Marocains résidant à l’étranger à la Chambre des représentants) has approved (16 December 2019) two bills (projets de loi) concerning the delimitation of maritime zones. The projet de loi n° 37.17 alters the previous legislation on the territorial waters, updating existing baselines with more recently surveyed data; the projet de loi n° 38.17 alters previous legislation concerning the exclusive economic zone and the continental shelf. Both bills were first presented in 2017 and they apply to the waters adjacent to the Southern Provinces of Morocco, located within a Non-Self Governing Territory listed under Chapter XI of the Charter of the United Nations as “Western Sahara“.
The Minister of Foreign Affairs of Morocco has stated that these initiatives “do not mean the unavailability of Morocco for a solution to any possible conflict with its neighbours Spain and Mauritania”. This statement is available here (in French). In response, the Government of the Sahrawi Arab Democratic Republic published a statement saying that the “unilateral Moroccan act to claim Western Sahara maritime zones is null and void”. This statement is available here.
*** Update 2020/04/07: Bills 37.17 and 38.17 have been turned into laws. The laws were published in the Official Bulletin on 30 March 2020. ***
Filed under State Practice
ITLOS: The M/T “San Padre Pio” (No. 2) Case (Switzerland/Nigeria)
By the Special Agreement and Notification of 17 December 2019, Switzerland and Nigeria have agreed to transfer their dispute concerning the arrest and detention of the M/T “San Padre Pio”, its crew and cargo to ITLOS (previously submitted to an UNCLOS Annex VII Arbitral Tribunal). Agreement was reached following consultations held 2-3 December 2019, as reflected in the Minutes of Consultations.
For further information see Case No. 29 and the ITLOS Press Release 298. See also the related Case No. 27: The M/T “San Padre Pio” Case (Switzerland v. Nigeria), Provisional Measures.
Filed under Jurisprudence
UNGA: Annual Resolutions Adopted on Law of the Sea & Sustainable Fisheries
The United Nations General Assembly (UNGA) adopted two resolutions on the 10 December 2019, Resolution 74/19 Oceans and the law of the sea (draft text) and Resolution 74/18 Sustainable fisheries, including through the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, and related instruments (draft text).
Turkey voted against adoption of the text of Resolution 74/19 on the basis it does not agree UNCLOS has a “universal and unified character” (135 votes in favour, 1 against (Turkey), and 3 abstentions (Colombia, El Salvador, Venezuela)). Resolution 74/18 is adopted by consensus without a vote. Numerous states were critical of the failure to reach consensus on paragraphs addressing the findings of IPCC Special Report on the Ocean and Cryosphere in a Changing Climate. The adopted Resolutions only ‘note with concern’ the findings of that report (Resolution 74/19, para. 201; Resolution 74/18, para. 11).
For further information the final texts will be available at Resolution 74/19 and Resolution 74/18.
Filed under International Organizations
PCA: The Duzgit Integrity Arbitration (Malta v. São Tomé and Príncipe) Award on Reparation delivered
The Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea in the matter of the Duzgit Integrity Arbitration has issued its final Award on Reparation in respect of the dispute between Malta and São Tomé e Príncipe (18 December 2019). These proceedings concerned the arrest by São Tomé of a Maltese flagged vessel – the Duzgit Integrity – when it attempted to undertake a ship-to-ship (“STS”) cargo transfer in São Tomé’s archipelagic waters, and the subsequent measures taken by São Tomé in relation to the vessel, its master, cargo, owner and charterer.
This Final Award follows a previous Award delivered by the PCA (see De Maribus report here). Following the issuance of the Tribunal’s 5 September 2016 Award, the proceedings were temporarily suspended while the Parties pursued settlement negotiations, which were ultimately unsuccessful. In its present Award on Reparation, the Tribunal scrutinizes Malta’s claim for reparation and orders São Tomé to pay compensation in respect of certain of Malta’s heads of claim, in particular by addressing the following:
- Whether Malta has sufficiently substantiated its claims and established causation between its loss and São Tomé’s unlawful conduct;
- Whether the settlement agreement mitigates any of the damages suffered by DS tankers;
- Whether the acts and omissions of the Duzgit integrity, its master, owner and charterer mitigate any of the damages claimed by Malta.
More information about this case can be found here.
Filed under Jurisprudence
Malaysia: Partial Submission to CLCS on Outer Limits of the Continental Shelf (South China Sea)
In accordance with Article 76(8) of UNCLOS Malaysia has on 12 December 2019 made a partial submission to the Commission on the Limits of the Continental Shelf (CLCS) regarding its continental shelf in the northern part of the South China Sea. According to Malaysia (Ex Summary, paras. 1.2-1.4), this partial submission concerns the remaining portion of the Malaysian continental shelf in the South China Sea not covered by the 2009 Joint Submission by Malaysia and Viet Nam ‘in the southern part of the South China Sea’.
Figure 1.1 The Outer Limits of the Continental Shelf in the South China Sea (Ex Summary, p. 4).
China has submitted a Communication dated 12 December 2019 which requests the CLCS to not consider the Malaysian Submission due to the existence of a land or maritime dispute (Article 5(a) of Annex I of the Rules of Procedure of the CLCS). Malaysia rejects the existence of any dispute (Ex Summary, para. 4.1).
For more information see here, Executive Summary, Note dated 12 December 2019 from the Permanent Mission of Malaysia and the Communication dated 12 December 2019 (China).
Filed under International Organizations, State Practice
Conference: Securing Britain’s Seas
Safeseas is hosting a conference, entitled, Securing Britain’s Seas: The Bristol IdeasLab on UK Maritime Security, 28 February 2020 at the University of Bristol (Bristol, UK).
For further information and registration see here and the programme.
Filed under Events
CJEU: Advocate General in Slovenia v Croatia (Case C-457/18) declines jurisdiction
Advocate General Priit Pikamäe proposes the Court of Justice of the European Union (CJEU) to declare that it does not have jurisdiction to hear an action brought by Slovenia, who submits that Croatia is preventing it from fully exercising its sovereignty throughout its maritime territory. The Advocate General is of the view that the delimitation of national territory does not fall within the sphere of competence of the European Union or of the CJEU (CJEU press release of 11 December 2019).
Both parties submitted a territorial and maritime boundary dispute to the Permanent Court of Arbitration (PCA), who issued a Final Award determining the creation of a “Junction Area” and setting the terms of the special regime to apply therein. The PCA emphasized that this special regime is intended to guarantee both the integrity of Croatia’s territorial sea and Slovenia’s freedoms of communication between its territory and the high seas (PCA press release of 29 June 2017). Croatia decided to withdraw from the 2009 Arbitration Agreement in 29 July 2015 and later stated that this award “does not in any way bind Croatia and Croatia shall not implement it” (Croatia Ministry of Foreign and European Affairs press release of 29 June 2017).
In its action brought to the CJEU (2018/C 399/27) on 13 July 2018, Slovenia argues that Croatia “unilaterally refuses to fulfil its obligations under the arbitration award”, namely in “denying Slovenian fishing vessels free access to the marine waters which the arbitration award of 2017 has defined as Slovene, and, a fortiori, free access to Croatian waters falling within the scope of the mutual access regime”.
More information on Case C-457/18 shall be made available here.
The “Junction Area”, as determined by the PCA in 2017. Source: PCA Case No. 2012-04, at page 347
Filed under Jurisprudence
ICC: Final Decision on the “Situation on the Registered Vessels of Comoros, Greece and Cambodia” re-filed
The International Criminal Court (ICC) Prosecutor has re-filed the Final Decision (2 December 2019) concerning the “Article 53(1) Report” (ICC-01/13-6-AnxA), as revised and refiled, on the Situation on the Registered Vessels Of The Union Of The Comoros, The Hellenic Republic, And The Kingdom Of Cambodia (ICC-01/13).
The Prosecutor maintains her view that the preliminary examination of this situation must be closed and argues that “there remains no reasonable basis to proceed with an investigation, since there is no reasonable basis to conclude that any potential case arising from the situation would be of sufficient gravity to be admissible before the Court”. This decision was taken without prejudice to her conclusion that, “on the information made available, there is a reasonable basis to believe that war crimes were committed by members of the Israel Defence Forces (“IDF”) in the boarding of the Mavi Marmara, and its aftermath, resulting in 10 fatalities, the wounding of as many as 55 people, and outrages upon the personal dignity of potentially many others during the voyage to Ashdod”.
Although Israel is not a State Party, according to article 12(2)(a) of the Rome Statute, the ICC can exercise its jurisdiction in relation to the conduct of non-Party State nationals alleged to have committed Rome Statute crimes on the territory of, or on vessels and aircraft registered in, an ICC State Party. More information is available here.
Filed under Jurisprudence
Iceland: use of heavy fuel oil in the territorial sea banned
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.
Filed under State Practice
Call for papers: The Future of International Environmental Law and the Law of the Sea
The Oceans and International Environmental Law Interest Group of the Australian and New Zealand Society of International Law and the New Zealand Centre for Public Law are hosting a workshop entitled The Future of International Environmental Law and the Law of the Sea. Submissions of papers for this event are welcome until 20 January 2020. The event takes place on 16 – 17 April 2020, at Victoria University of Wellington (Wellington, New Zealand).
For further information see here.
Filed under Calls
Vacancy: PhD scholarship at UNSW Sydney
The UNSW Sydney is offering a PhD scholarship for research in the Law of the Sea. This scholarship is available to participate in a project addressing the enhancement of maritime security through informal lawmaking. Preference will be given to proposals that have a multilateral or regional perspective rather than focusing on the law and policy of one particular country. Multidisciplinary perspectives on the issues being assessed are encouraged. Deadline for applications is 4 February 2020. More information is available here.
Filed under Vacancies
Turkey/Libya: MoU on EEZ delimitation signed
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.
Filed under State Practice
Rhodes Academy 2020
The twenty-fifth session of the Rhodes Academy of Oceans Law and Policy will be held 28 June – 17 July 2020. The deadline to submit an application is 10 April 2020. For more information, fees and application documents please see here.
Vacancy: CIL – Two Research Associate/Fellow Positions
The Centre for International Law (CIL) at the National University of Singapore is currently advertising two research positions in its Ocean Law & Policy Programme. CIL is seeking applications from candidates with both an advanced degree in international law (PhD or LLM) and a demonstrable interest in the law of the sea, marine environmental law or the international regulation of shipping. Candidates with a particular interest in Southeast Asia and its regional institutions are strongly encouraged to apply. The closing date for applications is 20 January 2020.
For further details and to apply please see here.
Filed under Vacancies
IGC President’s Revised Draft Text of A BBNJ Agreement
The President of the Intergovernmental Conference (IGC) on an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction has released an advanced version of the revised text, entitled, Revised draft text of an agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, 27 November 2019. This was requested at the closing of the third session and aims “to enable delegations to take stock and to facilitate further progress in the negotiations at the fourth session of the Conference”. The fourth session will take place in 2020.
For the revised draft text see here. An outline of changes made to the first draft text is available here.
Filed under International Organizations, State Practice
Workshop: Judicial Settlement under UNCLOS
Le Club de Droit International and the University of Angers, in collaboration with the Embassy of the Russian Federation in The Netherlands, are hosting a discussion on Judicial Settlement under UNCLOS: An insider’s view of ITLOS. The event takes place on 9 December 2019 at the Hague (The Netherlands). More information is available here.
Filed under Events
Conference: International Law and Sea Level Rise – the work of the ILA Committee
Fundación Fide, in collaboration with the International Law Association (ILA), the Fridtjof Nansen Institute (FNI) and the Universidad Autónoma de Madrid, shall host a breakfast session, entitled, International Law and Sea Level Rise: the work of the ILA Committee, 11 December 2019, at Fundación Fide (Madrid, Spain).
For further information and registration see here.
Filed under Events
Russia/Ukraine: Three Ukrainian Naval Vessels Returned to Ukraine
As previously reported, the International Tribunal for the Law of the Sea (ITLOS) in its Order of 25 May 2019 of Case No. 26, Case concerning the detention of three Ukrainian naval vessels (Ukraine v. Russian Federation), Provisional Measures, prescribed:
“The Russian Federation shall immediately release the Ukrainian naval vessels Berdyansk, Nikopol and Yani Kapu, and return them to the custody of Ukraine” (para. 124(1)(a)).
On 18 November 2019 the Ukrainian naval vessels “Nikopol”, “Berdyansk” and “Yani Kapu” were returned by Russia to Ukrainian custody.
For further information see the press releases published by the Ministry of Foreign Affairs of Ukraine and Russia respectively. The Russian press release makes no reference to the ITLOS Order of 25 May 2019. Russia’s previous submission of an initial report to ITLOS (prescribed in Order of 25 May 2019, para. 124(2)), reaffirmed “the stance of the Russian Federation that the procedures for settling arguments under the UN Convention of the Sea are not applicable in this case”.
Filed under Jurisprudence, State Practice
Conference: UNCLOS at 25 – Smooth Sailing or Stormy Seas?
The University of Edinburgh shall host a conference, entitled, UNCLOS at 25: Smooth Sailing or Stormy Seas?, 22 November 2019 at The University of Edinburgh (Edinburgh, UK).
Filed under Events
Call for papers: Changes in international lawmaking – actors, processes, impact
The 16th Annual Conference of the European Society of International Law, entitled, Changes in international lawmaking: actors, processes, impact, will be held 10-12 September 2020 at Stockholm University (Stockholm, Sweden). All agoras could be addressed from a law of the sea perspective, although of particular interest is Agora 1: The Order of the Oceans and Changes in Lawmaking. Abstracts are welcome until 31 January 2020.
The Law of the Sea Interest Group anticipates holding a workshop on the 9 September 2020. The IG usually posts a call for abstract on its website here.
For further information see the main conference website call for papers.
Daniel Vignes prize (3rd edition)
The International Association for the Law of the Sea (AssIDMer) welcomes applications for its Prix Daniel Vignes (3rd Edition), “a prize for the best article published in a journal or a collective work, to disseminate knowledge of the international law of the sea”. The deadline for applications is 15 May 2020. The prize will be officially awarded during the VIII Ordinary Meeting of the Association in 2020. The call is available here.
Filed under Competitions
Vacancy: post-doctoral position at Gothenburg University
The Department of Law of the School of Business, Economics and Law at the University of Gothenburg is announcing a post-doctoral position in Ocean Governance Law. For the purpose of this position ocean governance is widely construed, so as to include the regulation of human activities pertaining to or directly affecting the utilisation and long-term management of the oceans and their resources. Examples of relevant issue areas are social, economic and ecological aspects of shipping, utilisation and preservation of marine living resources, management of ecosystems under change, and regulatory challenges relating to the introduction of artificial intelligence in a maritime context. Closing date is 20 November 2019. More information is available here.
Filed under Vacancies
Moot Court: Telders 2020
The 43rd Edition of the Telders International Law Moot Court Competition will be held from Thursday 4 June until Saturday 6 June 2020. This year’s case Questions relating to Sovereignty in the Lamma Sea (Quntong v. Discovia) involves issues on the definition of island and rock under international law, as well as the conduct of private vessels and fishing activities on the EEZ. This competition is open to all European university students who are currently enrolled in their bachelors or masters phase of their study. Deadline for registration is 11 November 2019. More information is available here.
Filed under Competitions
Conference: What Role for the Private Sector on the High Seas within the BBNJ Process?
France, Nausicaá (French National Sea Centre) and the French Biodiversity Agency shall host a high-level workshop, entitled, What Role for the Private Sector on the High Seas within the BBNJ Process?, 18-19 November 2019, at Nausicaá National Sea Centre (Boulogne-sur-mer, France).
For more information and registration see here.
Filed under Events
Conference: Fisheries after Brexit
The British Institute of International and Comparative Law (BIICL) will host a conference, entitled, Fisheries after Brexit, 19 November 2019, at Volterra Fietta (London, UK).
For further information see here.
Filed under Events
Iceland/Norway/Denmark (The Faroe Islands): Three Maritime Delimitation Agreements Signed
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.
Filed under State Practice
Torremolinos Declaration and Torremolinos Statement on the 2012 Cape Town Agreement
On the 21 October 2019, during the Torremolinos Ministerial Conference on Fishing Vessel Safety and Illegal, Unreported and Unregulated (IUU) Fishing, forty-eight states signed the Torremolinos Declaration. The Torremolinos Declaration expresses their determination to take action to ensure the entry-into-force criteria of the 2012 Cape Town Agreement on fishing vessel safety are met by the target date of 11 October 2022. The Declaration is open for signature until 21 October 2020.
On the 21 October 2019 the accessions of the Cook Islands and Sao Tome and Principe to the 2012 Cape Town Agreement brings the total contracting parties to 13 states (not yet in force).
On the 23 October 2019 the Ministerial Conference adopted 2 resolutions, whereby Ministerial Conference Resolution 1 adopted the Torremolinos Statement on the Cape Town Agreement of 2012, relating to fishing vessel safety, and combating illegal, unreported and unregulated (IUU) fishing. This encourages states to sign the Torremolinos Declaration and become party to the 2012 Cape Town Agreement and and the 1995 STCW-F Convention.
For more information see the IMO pages here and here.
Filed under State Practice, Treaties
India: ban on single use plastic on board ships imposed
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.
Filed under State Practice
Conference: SEA of Solutions 2019
SEA circular will convene a conference, entitled, SEA of Solutions 2019: Partnership week for plastic pollution prevention, 11-14 November 2019 at the United Nations Conference Centre (Bangkok, Thailand).
For further information see here and the draft programme.
Filed under Events
ICJ: Amendments to the Rules of Court
On the 21 October 2019 the International Court of Justice (ICJ) adopted amendments to Articles 22, 23, 29, 76 and 79 of its Rules of Court (entry into force 21 October 2019). Of particular interest is the amendment to Article 76(1) to “clarify” the Court has the power to revoke or modify provisional measures on its own initiative:
1. At the request of a party or proprio motu, the Court may, at any time before the final judgment in the case, revoke or modify any decision concerning provisional measures if, in its opinion, some change in the situation justifies such revocation or modification.
The ICJ may, for example, prescribe provisional measures in a case submitted to it by way of Articles 287 and 290 of UNCLOS. For an example of previous requests on the basis of Article 41 of the ICJ Statute and (former) Article 76 of the Rules of Court see the submissions of both Costa Rica and Nicaragua in Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua); Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica), Order of 16 July 2013, Provisional Measures, I.C.J. Reports 2013, p. 230.
For further information see ICJ Press Release No. 2019/42 (21 October 2019).
Filed under International Organizations, Treaties
EMSA: guidance on ship inspections by port States published
The European Maritime Safety Agency (EMSA) has published a new guidance on inspections of ships by the Port States in accordance with Regulation 1257/2013 on Ship Recycling (SRR). The aim of this EMSA guidance is to assist the Member States and their designated inspectors in their efforts to fulfil the requirements of SRR and Port State Control (PSC) Directive, in relation to inspections covering the respective requirements of these two instruments. It is a reference document that provides both technical information and procedural guidance thus contributing to harmonised implementation and enforcement of the provisions of the SRR and the PSC Directive. The Guidance is available here.
Filed under International Organizations
Call for papers: EU contribution to the protection of biological resources in marine areas of international interest
The Spanish Association of International Law and International Relations Professors (AEPDIRI), together with the University of Córdoba, is accepting paper submissions for a conference entitled The European Union’s contribution to the protection of biological resources in marine areas of international interest.
The event shall have a special focus on Biodiversity Beyond National Jurisdiction. A first panel will address the protection of fishery resources in the exclusive economic zone, assessing whether the EEZ has served the purpose of preserving marine living resources. A second panel will examine the protection of fishery resources in the high seas from a regulatory and practical perspective. A third panel will focus on the conservation and sustainable use of biological diversity in areas beyond national jurisdiction, including the UNCLOS instrument currently under negotiation. A fourth panel will study the environmental problems affecting the protection of biological resources in the polar areas.
The papers must be submitted before 8 December 2019. The event is set to happen in Córdoba, Spain, on 16-17 April 2020. The program is available here.
Declaration of the State of Palestine regarding maritime boundaries
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.
Filed under State Practice
De Maribus 
