The Brazilian Journal of International Law invites submissions for a special issue on “Oil spill Prevention and Response: national, international and comparative perspectives” to be published in December 2023. In the backdrop of the 2019 Northeast Brazil Oil Spill, this call aims to look into innovative solutions for addressing environmental, social and economic issues caused by accidental oil spills caused by ships from an international, national and comparative perspective. The call is open to papers examining a variety of civil, administrative, criminal and international legal issues regarding oil spills, such as: 1) Prevention and reparation of vessel-source pollution; 2) Safety management of offshore oil and gas operations; 3) Assessing economic loss caused by oil spill disasters; 4) Ecologic compensation in case of oil spill disasters; 5) Area Based Management Tools (including Marine Protected Areas, other effective area-based conservation measures and Marine spatial planning). The deadline for submission is 31 July 2023. More information is available here.
UNDP: Operational Phase of FSO Safer Emergency Plan
As previously reported, in 2022 the UN Plan for the FSO Safer Tanker Stop the Red Sea Catastrophe had received sufficient funding pledges to start the first phase of the emergency operation. In September 2022 preparatory work for the operation began, however a significant price increase in the market for suitable vessels to undertake the operation since occured, “chiefly due to factors related to the war in Ukraine”. Therefore, on 9 March 2023 the United Nations Development Programme (UNDP) signed an agreement with Euronav to secure the purchase of a Very Large Crude Carrier (VLCC), with an anticipated arrival at the mooring location of the FSO Safer in May 2023 to begin operations. “The purchase of this suitable vessel by UNDP marks the beginning of the operational phase of the UN-coordinated plan” (UNDP Administrator Achim Steiner).
Filed under International Organizations
Vacancy: Ocean Team Intern at IUCN
The International Union for Conservation of Nature (IUCN) is currently seeking an Intern (6 months) to join the IUCN Ocean Team (Headquarters, Gland, Switzerland). The Ocean Team intern “will support the work and projects of the IUCN Team with a focus on communications and research for the Global Plastics Treaty work and possibly work related to the [BBNJ Agreement]”. Applications are welcome until 13 March 2023. For more information see here.
Filed under Vacancies
Calls: Max Planck Encyclopedia of Comparative Constitutional Law
The Max Planck Encyclopedia of Comparative Constitutional Law is currently inviting submissions on a closed list of topics, including a number of law of the sea related topics. Non-exhaustive examples include an entry on fisheries and an entry on maritime boundaries.
While the analysis of these topics cannot dispense with a general overview of the relevant framework set by public international law, the focus should remain on domestic constitutional provisions dealing with fisheries and maritime boundaries and should cover an appropriate selection of relevant jurisdictions. Submissions should be around 5000 words and the ordinary deadline is 6 months from assignment.
Designated authors will receive a free token giving access to a selection of Oxford University Press products for 1 year. For further information, or to receive a full list of available entries, please contact the Managing Editor at contact@mpeccol.de.
Filed under Calls
Singapore/Indonesia: Domestic Ratification of 2022 Expanded Framework Agreements
On 17 January 2023 the Ministry of Foreign Affairs of Singapore confirmed that Singapore has completed its domestic legal processes to ratify the bilateral instruments which make up the 2022 Expanded Framework Agreements with Indonesia, namely, the Agreement on the Realignment of the Boundary between the Jakarta Flight Information Region (FIR) and the Singapore FIR, the Treaty for the Extradition of Fugitives and the Defence Cooperation Agreement. This follows Indonesia’s ratification of the FIR Agreement in September 2022 and the Extradition Treaty and DCA in December 2022. Consistent with the 2022 Exchange of Letters, Singapore and Indonesia will exchange formal notifications of completion and “jointly seek approval from the International Civil Aviation Organization (ICAO) for the arrangements under the FIR Agreement, to enable the simultaneous entry into force of all three agreements on a mutually agreed date”.
Filed under State Practice
UN: negotiations on BBNJ Agreement concluded
On 4 March 2023, the Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ), successfully concluded negotiations on a new international agreement under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction. The BBNJ Agreement is the culmination of discussions that began in 2004 under the auspices of the United Nations to enhance the international legal regime concerning the conservation and sustainable use of biological diversity in the oceans beyond the exclusive economic zones and continental shelves of states. The BBNJ Agreement covers access to and use of marine genetic resources; the adoption of conservation and sustainable use measures and the conduct of environmental impact assessments in the maritime areas beyond national jurisdiction; and capacity-building and the transfer of marine technology. The draft (advanced, unedited, pending paragraph renumbering) may be found here.
Filed under International Organizations, Treaties
CLCS: Partial Revised Submission by Russia (Arctic Ocean II)
On 14 February 2023, the Russian Federation submitted to the Commission on the Limits of the Continental Shelf (CLCS), in accordance with Article 76, paragraph 8, of the Convention, and with reference to its Submission of 20 December 2001, and of it Partial Revised submission of 3 August 2015 (with addenda submitted on 31 March 2021) in respect of the Arctic Ocean, information on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of its territorial sea is measured in respect of the southeastern part of the Eurasian Basin in the Arctic Ocean. An Executive Summary of the Partial Revised Submission (2023) is available. This partial revised submission addresses one of the CLCS recommendations issued in February 2023 (previously reported), namely that the outer limits of the continental shelf in the southern part of the Amundsen Basin should be defined in a partial revised submission for this area. This represented the third partial revised submission Russia has submitted to the CLCS, of which, to-date, two concern the Arctic Ocean.
Filed under State Practice
Further Refreshed Draft Text of a BBNJ Agreement
Pursuant to General Assembly Resolution 77/248 (para. 275), the resumed fifth session of the intergovernmental conference 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 is currently being held, 20 February – 3 March 2023, at UNHQ (New York, USA). In preparation for the resumed fifth session, a Further refreshed 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 (12 December 2022) (see further, tracked changes version) was made public on 1 February 2023. Furthermore, on 1 February 2023 the Compilation of outcomes of small group work submitted after the issuance of the Refreshed draft text and Ending point of the Facilitators-led discussions held on 26 August 2022 was made public. For further information see previous reporting.
Filed under International Organizations, State Practice
Conference: WMU@40 – Maritime and Ocean Sustainability
The World Maritime University will host a conference, entitled, WMU@40: Maritime and Ocean Sustainability, 20-22 June 2023, at WMU (Malmö, Sweden). Registration and a draft programme are forthcoming here.
Filed under Events
Japan: Position on Preserving Maritime Zones
On 6 February 2023, during a meeting of the Minister for Foreign Affairs of Japan and a delegation of the Pacific Islands Forum, the Minister for Foreign Affairs of Japan stated (2) the position Japan has adopted concerning the question of the preservation of lawfully established maritime baselines and zones in light of climate change-related sea-level rise:
“[W]ith regard to climate-change-related sea-level rise, Japan has decided to take the position that it is permissible to preserve the existing baselines and maritime zones established in accordance with the United Nations Convention on the Law of the Sea (UNCLOS), notwithstanding the regression of coastlines and the PIF side welcomed Japan’s decision”
Foreign Minister Hayashi’s Meeting with the Delegation of the Pacific Islands Forum (PIF) (Japan MoFA, 6 February 2023)
See further, previous reporting USA, PIF, Fiji/Solomon Islands. The reference to “established in accordance with the United Nations Convention on the Law of the Sea (UNCLOS)” suggests excessive baselines will not only remain unrecognised, but also that the outer limit of a coastal state’s entitlements may be subject to landward retreat following seal-level rise induced regression of the coastline until such time as consistent and fixed baselines are established thereof.
Filed under State Practice
ICJ Core Group of Nations: Final Draft Resolution for ICJ AO Initiative
Following previously reported draft resolutions and consultations, on 20 February 2023, the ICJ Core Group of Nations, led by the Republic of Vanuatu, released a Final Draft Resolution entitled, Request for an advisory opinion of the International Court of Justice on the obligations of States in respect of climate change, for consideration of co-sponsorship by 1 March 2023. Adoption by the UN General Assembly is expected to be sought by proponents in March/April 2023. The operative provision would request an ICJ advisory opinion on the following question:
Having particular regard to the Charter of the United Nations, the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the United Nations Framework Convention on Climate Change, the Paris Agreement, the United Nations Convention on the Law of the Sea, the duty of due diligence, the rights recognized in the Universal Declaration of Human Rights, the principle of prevention of significant harm to the environment, and the duty to protect and preserve the marine environment,
UNGA Draft Resolution (20 February 2023), Request for an advisory opinion of the International Court of Justice on the obligations of States in respect of climate change
(1) What are the obligations of States under international law to ensure the protection of the climate system and other parts of the environment from anthropogenic emissions of greenhouse gases for States and for present and future generations;
(2) What are the legal consequences under these obligations for States where they, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to:
(a) States, including, in particular, small island developing States, which due to their geographical circumstances and level of development, are injured or specially affected by or are particularly vulnerable to the adverse effects of climate change?
(b) Peoples and individuals of the present and future generations affected by the adverse effects of climate change?”
Informal translations of the final Resolution are available in French, Spanish and Portuguese on the Vanuatu ICJ Initiative website.
Filed under International Organizations, State Practice
ITLOS: Request for an Advisory Opinion Submitted by COSIS, Order of 15 February 2023
As previously reported, concerning the Request for an Advisory Opinion submitted by the Commission of Small Island States on Climate Change and International Law (Request for Advisory Opinion submitted to the Tribunal) the President of the ITLOS issued an Order of 16 December 2022 inviting State Parties to UNCLOS, the COSIS and the other organizations listed in an annex to present written statements on the questions submitted to the Tribunal for an advisory opinion. 16 May 2023 was fixed as the time limit within which to present written statements. By Order of 15 February 2023, the President has extended this time-limit to 16 June 2023 within which written statements may be presented to ITLOS. The Order also notes that on 2 February 2023 the President of ITLOS affirmatively decided on a request from the African Union, which has now been invited to submit a written statement in addition to the previously invited organisations.
Filed under Jurisprudence
France: Administrative Decision No 21PA04622 (Environmental Code of Loyalty Islands Province)
On 10 January 2023 the Administrative Court of Appeal of Paris (1st Chamber) issued Administrative Decision No. 21PA04622 concerning the Environmental Code of Loyalty Islands Province (as amended, 2020). In respect of the international law of the sea, the decision addressed the consistency of Articles 232-3, 232-5 and 235-4 of the Environmental Code of Loyalty Islands Province with Part 2 (Section 3) of UNCLOS concerning the innocent passage regime. The Environmental Code of Loyalty Islands Province provided:
Environmental Code of Loyalty Islands Province (as amended, 2020)Article 232-3
Tout accès de navires au domaine public maritime provincial est soumis à déclaration ou à autorisation.
Les navires doivent communiquer à chaque mouvement leur itinéraire et leur manifeste aux autorités portuaires.Article 232-5
Tous les autres navires entrant sur le domaine public maritime provincial doivent justifier d’une autorisation.
La demande d’autorisation est déposée par voie électronique et nécessite la production de la carte de navigation, la déclaration de l’état du navire, des marchandises transportées et précise le nombre de personnes à bord.
L’autorisation est délivrée par les services provinciaux compétents dans un délai d’un mois.Article 235-4
La décision de suspension d’une autorisation d’accès et/ou d’activité mentionne les conditions de levée de la décision de suspension. Elle est levée par décision du président de l’assemblée de Province, après avis conforme des autorités coutumières concernées, dans l’hypothèse où le bénéficiaire s’est conformé aux conditions exposées dans la décision de suspension.
The Administrative Court of Appeal of Paris decided that a system of prior authorisation, in so far as it applies to foreign flagged vessels, is inconsistent with the right of innocent passage in the territorial sea, as codified in Article 17 of UNCLOS. Such an administrative constraint did not fall within the coastal state competence noted in Article 21 of UNCLOS and therefore, given the administrative constraint and hinderance of innocence passage resulting thereof, was inconsistent with the duty of the coastal state in Article 24 of UNCLOS. A system of prior authorisations applicable to the innocent passage of foreign vessels in the territorial sea would “impose requirements on foreign ships which have the practical effect of denying or impairing the right of innocent passage” (Article 24(1)(a) of UNCLOS). The Administrative Court of Appeal of Paris therefore decided that Articles 232-3 and 232-5 are canceled insofar as they apply to foreign vessels.
Filed under Jurisprudence, State Practice
CLCS: Recommendations for the Russian Federation in respect of the Arctic Ocean
On 6 February 2023 the Commission on the Limits of the Continental Shelf (CLCS) approved, with amendments, Recommendations in regard to the partial revised submission made by the Russian Federation in respect of the Arctic Ocean (3 August 2015; Addenda 31 March 2021 (previously reported)). The CLCS Recommendations include:
119. The Commission recommends that the Russian Federation proceeds to establish the outer limits of the continental shelf from fixed point 2G2_rev to fixed point 3E1_fin in Nansen Basin, from fixed point 4G1_rev to fixed point 8H11 in Amundsen Basin, and from fixed point 10H1_rev to fixed point 10D161 in Canada Basin (Figure 25; Table 3 of annex I).
120. Due to insufficient data and information provided for the outer edge of the continental margin, the outer limits of the continental shelf in the southern part of Amundsen Basin have not been defined (see chapters 3 and 5).The Commission recommends that the Russian Federation makes a partial revised submission in respect of its continental shelf in that area.
121. The Commission recognizes that the establishment of the final outer limits of the continental shelf of the Russian Federation in the Arctic Ocean may depend on continental shelf delimitation with neighboring States.
CLCS, Summary of the Recommendations, pp. 38-40.
For further information see Russia’s partial revised Submission in respect of the Arctic Ocean, including communications received from Canada, United States of America and Denmark, as well as the previous findings and recommendations concerning a partial revised submission in respect of its extended continental shelf in the Central Arctic Ocean (Submission by the Russian Federation).
Filed under International Organizations, State Practice
Calls/Events: The Protection of Vulnerable People at Sea
The Institute of International Shipping and Trade Law is inviting abstract submissions for a one-and-a-half-day in-person workshop, funded by the Society of Legal Scholars. The event is to be held from 17 May to 18 May 2023 at Swansea University, Wales (U.K.). A first aim of the workshop is to reflect on the existing international legal framework applicable to the protection of vulnerable people at sea, to identify any gaps and deficiencies contained therein. Connected to this, the workshop will explore how such gaps and weaknesses in the two main branches of the law relating to the protection of vulnerable people at sea (i.e., human rights law and the law of the sea) could be remedied. The deadline for submitting abstracts (250 words maximum) is 20 March 2023. More information is available here.
2023 United Nations – The Nippon Foundation Strategic Fellowship: 11 Fellowships
The Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs of the United Nations (“OLA/DOALOS”), is now accepting applications for the 2023 Session of the United Nations – The Nippon Foundation Strategic Fellowship Programme. It is intended that 11 Fellowships will be offered in 2023.
The objective of the United Nations – The Nippon Foundation Strategic Needs Fellowship is to assist developing States, particularly least developed countries, small island developing States and landlocked developing countries to address identified critical needs in the implementation of the United Nations Convention on the Law of the Sea (UNCLOS) and related instruments, as well as Sustainable Development Goal (SDG) 14 and other related SDGs. The Fellowship is targeted at Government officials with limited background in ocean affairs and the law of the sea who are filling key positions in their Administration and who are tasked to address the needs referred to above.
Call for Application 2023
Applications are welcome until 24 March 2023. For more information and to apply, see here.
Events: Tallinn Conference on the Law of the Sea and Hybrid Warfare
The Norwegian Centre for the Law of the Sea (NCLOS) is organizing a conference on ‘Hybrid Naval Warfare through the Lens of Maritime Security Law‘. The event is set to happen on 11-12 May 2022 at the Estonian Academy of Sciences (Estonia). The conference will bring together experts from various fields of international law, maritime law, as well as security law to discuss legal challenges posed by hybrid naval warfare. Registration is free and open until there are open seats. Read about the program, panelists, registration, and more on the conference website.
Filed under Events
ITLOS – Nippon Foundation Capacity Building and Training Programme 2023-2024
The ITLOS-Nippon Foundation Capacity-Building and Training Programme on Dispute Settlement under UNCLOS, July 2023 – March 2024, to be held at the International Tribunal for the Law of the Sea (Hamburg, Germany), is welcoming applications until 31 March 2023.
For more information see the flyer and website.
Programme TIDM– Nippon Foundation de renforcement des capacités et de formation 2023-2024
Les personnes intéressées au Programme TIDM-Nippon Foundation de renforcement des capacités et de formation en matière de règlement des différends relatifs à la Convention des Nations Unies sur le droit de la mer, qui se tiendra au TIDM (Hambourg, Allemagne) de juillet 2023 à mars 2024, sont invitées à soumettre leur candidature jusqu’au 31 mars 2023.
Pour de plus amples informations, veuillez consulter la brochure et le site Internet.
Filed under Courses
2023 Summer Academy on the Continental Shelf
The University of the Faroe Islands and the Centre for International Law of the National University of Singapore will be co-organizing the 2023 Summer Academy on the Continental Shelf on 7-13 May 2023, in Singapore. This course is designed for government officials, researchers, practitioners, and advanced graduate students with particular interest for scientific and legal aspects relating to the continental shelf. The course confers particular focus on the intricate legal and technical conditions governing the entitlement to and establishment of the continental shelf beyond 200 nautical miles, and on the delimitation of overlapping entitlements to such areas. Emphasis will therefore be given to Articles 76 and 83 of the United Nations Convention on the Law of the Sea and Annex II thereto. More information is available here.
Filed under Courses
IFLOS Summer Academy 2023
The International Foundation for the Law of the Sea (IFLOS) shall host the 2023 Session of the IFLOS Summer Academy, 30 July – 25 August 2023, at the International Tribunal for the Law of the Sea (Hamburg, Germany). Applications are welcome until 15 April 2023. For more information, see here.
Filed under Courses
E-Course: Climate Change & Law of the Sea
The Singapore Cooperation Programme, under the auspices of the Japan-Singapore Partnership Programme for the 21st Century (JSPP21), shall host an online course, entitled, Climate Change & Law of the Sea, 6-10 March 2023. Nominations (mid- to senior-level government officials who work on issues related to the Law of the Sea) from eligible countries are welcome until 10 February 2023. For more information see here.
Filed under Courses
2023 Rhodes Academy of Oceans Law and Policy
The 2023 session of the Rhodes Academy of Oceans Law and Policy has been scheduled for 2-21 July 2023. The deadline to submit an application is 1 May 2023. For more information, fees and application documents please see here. The Academy has a small number of extremely competitive scholarships available that are offered based on high academic merit and financial need.
Furthermore, see the Rhodes Academy Submarine Cables Writing Award sponsored by The International Cable Protection Committee the winner of which is awarded a full scholarship to the Rhodes Academy. Information on the 2023 Rhodes Academy Submarine Cables Writing Award is not yet available.
ICJ Core Group of Nations: Second Draft Resolution for ICJ AO Initiative
On 23 January 2023 the ICJ Core Group of Nations, led by the Republic of Vanuatu, released a second Draft Resolution entitled, Request for an advisory opinion of the International Court of Justice on the obligations of States in respect of climate change, for further and broadening consultation. It integrates feedback as of 22 January 2023. A final consultation will take place on 2 February 2023 in New York, before the final resolution will be circulated in February 2023.
Filed under State Practice
Switzerland: First Ratification of the WTO Agreement on Fisheries Subsidies
On 20 January 2023 Switzerland deposited its instrument of acceptance with the WTO, thereby ratifying the previously reported Agreement on Fisheries Subsidies. Once two thirds of the 164 WTO Members have ratified the Agreement on Fisheries Subsidies, is shall enter into force and be inserted into Annex 1A of the WTO Agreement. For more information see the WTO press release and overview of WTO Members who have submitted instruments of acceptance.
Filed under State Practice, Treaties
Cameroon: Law No 2022/017 on Unlawful Acts at Sea
On 27 December 2022, Cameroon adopted Law No. 2022/017 of 27 December 2022 relating to the suppression of piracy, terrorism and offences against the safety of maritime navigation and platforms. In addition to the aforementioned offences listed in its title, Law No. 2022/017 also addressed other ‘unlawful acts at sea’ (Section 1(2)).
Piracy in defined in Section 2(2) of Law No. 2022/017 in a manner similar to Article 101 of UNCLOS, albeit with some notable differences. Unlike Article 101 of UNCLOS, acts of detention or depredation –as distinct from acts of violence– are not included in Section 2(2) of Law No. 2022/017, nor are acts of piracy involving aircraft. Law No. 2022/017 does however include ‘fixed or floating platforms’ within the definition of ship for the purpose of such offences (Section 2(1)). Similar to Article 102 of UNCLOS, Section 3(2) Law No. 2022/017 addresses piratical acts by mutinous warships or other government ships, again excluding the UNCLOS references to aircraft.
Section 4 of Law No. 2022/017 defines slightly modified offenses similar to most of those found in Article 3 of the SUA Convention, as well as Articles 2-3 of the Explosives Convention. Novel offences are included. Section 5 of Law No. 2022/017 defines offences similar to most of those found in Article 2 of SUA Platforms. Section 6 of Law No. 2022/017 defines offences similar to most of those found in Article 3bis of SUA Convention 2005 (Articles 3ter and 3quater do not appear to be addressed in Law No. 2022/017) and most of those found in Article 2bis of SUA Platforms 2005 (Article 2ter is not addressed). Section 6(b) of Law No. 2022/017 defines an offence similar to, but narrower, than Article 1 of the Hostages Convention. Section 7 of Law No. 2022/017 defines the offence of the illegal transport of minors, while Section 8 defines the offence of intentional pollution through the discharge of noxious substances (similar but distinct from Article 3bis(1)(ii) of SUA Convention 2005). Section 9 of Law No. 2022/017 defines an unauthorised broadcasting offence similar to Article 109(2) of UNCLOS. Section 10 of Law No. 2022/017 addresses a financing offence related to all the aforementioned offences, reflecting some of Article 2 of the Financing Convention, whilst be broader in other respects. Section 17 addresses conspiracies, attempts and accomplices to the aforementioned offences in Law No. 2022/017.
For further information see the Presidency of the Republic of Cameroon.
Filed under State Practice
Short Course: Law of the Sea
The British Institute of International and Comparative Law will host the next edition of their short course, entitled, Law of the Sea, 18 April 2023 – 6 June 2023, online. 3 scholarships are available at BIICL. For more information see here.
Filed under Courses
Call for Papers: Portuguese Yearbook of the Law of the Sea
The Portuguese Yearbook of the Law of the Sea has issued a call for papers for its inaugural edition (2023). Submission are welcome until 31 March 2023. For more information see here.
Filed under Calls
Conference: Resilience of UNCLOS – 40 Years
The University of the Faroe Islands and the Law Faculty of the University of Copenhagen shall host a conference, entitled, Resilience of the UN Convention on the Law of the Sea: 40 Years, 10 March 2023 at the University of Copenhagen (Copenhagen, Denmark). For more information see here.
Filed under Events
UNGA: 2022 Resolutions Adopted on Law of the Sea & Sustainable Fisheries
On 9 December 2022, the United Nations General Assembly (UNGA) adopted Resolution 77/118: 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, without a vote. On 20 December 2022 UNGA adopted Resolution 77/242: 2025 United Nations Conference to Support the Implementation of Sustainable Development Goal 14, without a vote, which envisages the convening of a high-level 2025 United Nations Conference to Support the Implementation of Sustainable Development Goal 14, supported by Costa Rica and France Finally, on 30 December 2022, UNGA adopted Resolution 77/248: Oceans and the law of the sea, (draft resolution currently accessible) with a vote (159-1-3).
For further information see reporting of the debate, as well as coverage (2) of the plenary meetings of the General Assembly to commemorate the 40th Anniversary of the adoption of UNCLOS (see: Resolution 77/5)
Filed under International Organizations, State Practice
COSIS: Six Members of the Commission
As of 1 January 2023, the Commission of Small Island States on Climate Change and International Law (COSIS) is comprised of six States, who are Parties to the COSIS Agreement (Article 3(2)). In order of date of effect, the Parties are Antigua and Barbuda (Definitive signature, 31 October 2021); Tuvalu (Definitive signature, 31 October 2021); Palau (Accession, 1 November 2021); Niue (Accession, 13 September 2022); Vanuatu (Accession, 2 December 2022) and St Lucia (Accession, 7 December 2022).
For more information on the Commission’s activities see previous reporting (2), (3), (4).
Filed under International Organizations, State Practice
Vacancies: associate professor at Aalborg University
The Centre for Blue Governance (CBG) at Aalborg University (Denmark) seeks an associate professor with a social scientific background who does innovative research in interrelated blue governance topics or emerging blue economy activities and/or marine/coastal conservation. Those applicants with experience and/or interest in the governance and socioeconomic implications of blue carbon, deep-sea/seabed mining, aquaculture/mariculture, and/or multiuse conflicts and planning at sea are especially encouraged to apply. Closing date for applications is 5 February 2023, as per this announcement.
Filed under Vacancies
Canada: Addendum to Partial Submission to CLCS (Arctic Ocean)
As previously reported, on 23 May 2019 Canada had made a partial submission to the Commission on the Limits of the Continental Shelf (CLCS) regarding its continental shelf in the Arctic Ocean. On 19 December 2022 Canada submitted its Addendum to the Partial Submission of Canada to the Commission on the Limits of the Continental Shelf regarding its continental shelf in the Arctic Ocean, see executive summary (french), to the CLCS. As summarised in the executive summary:
This addendum to the 2019 partial submission delineates additional outer limits of continental shelf, including along the full length of the Central Arctic Plateau (Lomonosov Ridge, Alpha Ridge and Mendeleev Rise, with the intervening Podvodnikov Basin and Makarov Basin), beyond 200 M from the baselines from which the breadth of the territorial sea is measured.
Noting in particular article 77 [of UNCLOS], Canada reserves the right to submit information in respect of other areas or portions of its continental shelf.
This submission is made, consistent with article 76(10) and article 9 of Annex II of [UNCLOS] without prejudice to future delimitation between Canada and the Kingdom of Denmark, the Russian Federation and the United States of America.
Addendum to the Partial Submission of Canada to the Commission on the Limits of the Continental Shelf regarding its continental shelf in the Arctic Ocean, pp. 5 and 10.
For more information see here and UN Doc. CLCS.84.2019.LOS (Continental Shelf Notification) (20 December 2022).
Filed under International Organizations, State Practice
Vacancies: Endowed Chair at Monmouth University
The Wayne D. McMurray School of Humanities and Social Sciences at Monmouth University (NJ, USA) seeks an outstanding senior scholar for the Endowed Rechnitz Family / Urban Coast Institute Chair in Marine and Environmental Law and Policy. The Chair will have an expertise in environment, coastal and marine policy. This position will offer courses geared towards the overall environment as well as environmental law and policy. The successful applicant will be hired at the Associate or Full Professor level in the Department of Political Science and Sociology with the possibility of a joint appointment in another appropriate department at the university, as well as associated with the Urban Coast Institute (UCI). More information is available here.
Filed under Vacancies
Vacancies: legal officer at ITLOS
The International Tribunal for the Law of the Sea, an international court with its seat in Hamburg, Germany, has opened the following vacancy: Legal Officer (P-4). Application deadline is 15 February 2023. More information is available here.
Filed under Vacancies
ITLOS: Request for an Advisory Opinion Submitted by COSIS, Order of 16 December 2022
Following the previously reported Request for an Advisory Opinion Submitted by COSIS, on 16 December 2022 the President of the ITLOS issued an Order of 16 December 2022, the operative paragraphs providing:
Decides, in accordance with article 113, paragraph 2, of the Rules of the Tribunal, that the intergovernmental organization listed in the annex to the present order are considered likely to be able to furnish information on the questions submitted to the Tribunal for an advisory opinion;
Invites, in accordance with article 113, paragraph 3, of the Rules of the Tribunal, the State Parties to the Convention, the Commission and the other organizations referred to above to present written statements on the questions submitted to the Tribunal for an advisory opinion;
Fixes, in accordance with article 133, paragraph 3, of the Rules of the Tribunal, 16 May 2023 as the time limit within which written statements may be presented to the Tribunal;
Decides, in accordance with article 133, paragraph 4, of the Rules of the Tribunal, that oral proceedings shall be held;
Reserves the subsequent procedure for further direction.
Request for an Advisory Opinion Submitted by COSIS, Order of 16 December 2022.
For more information see the ITLOS Press Release.
Filed under Jurisprudence
Conference: 40 years of Africa’s contribution to UNCLOS
The African Union will host a conference, entitled, 40 Years of Africa’s Contribution to UNCLOS, 16 December 2022 in a hybrid format (AU Headquarters, Ethiopia/Zoom). For more information see here and zoom here.
Filed under Events
ITLOS: Request for an Advisory Opinion Submitted by COSIS
On 12 December 2022 ITLOS received a Request for an Advisory Opinion from the Commission of Small Island States on Climate Change and International Law (COSIS), pursuant to Article 2(2) of the COSIS Agreement and Article 21 of the ITLOS Statute and Article 138 of the Rules of the Tribunal (see previous reporting on COSIS; and on advisory opinion jurisdiction, the SRFC Advisory Opinion).
By unanimous decision of the COSIS Members at the Third Meeting of COSIS on 26 August 2022 (comprising of Antigua and Barbuda; Tuvalu; and the Republic of Palau. Note: Niue, Republic of Vanuatu and Saint Lucia all acceded to the COSIS Agreement after 26 August 2022), COSIS decided to refer the following question to ITLOS for an Advisory Opinion (registered as ITLOS Case No. 31):
What are the specific obligations of State Parties to the United Nations Convention on the Law of the Sea (the “UNCLOS”), including under Part XII:
(a) to prevent, reduce and control pollution of the marine environment in relation to the deleterious effects that result or are likely to result from climate change, including through ocean warming and sea level rise, and ocean acidification, which are caused by anthropogenic greenhouse gas emissions into the atmosphere?
(b) to protect and preserve the marine environment in relation to climate change impacts, including ocean warming and sea level rise, and ocean acidification?
Request for an Advisory Opinion of 12 December 2022, p. 1
Note, the COSIS Members decision is based on an approval of Recommendation CLE. 1/2022/Rec of the Committee of Legal Experts (18 June 2022) which was assisted by the work of the Sub-Committee on Protection and Preservation of the Marine Environment. Consistent with the mandates of the Commission (Art 1(3), COSIS Agreement), the Sub-Committee on Sea-Level Rise, Sub-Committee on Human Rights, and the Sub-Committee on Loss and Damages continue to operate and may “propose further activities that the Commission may undertake to contribute to the definition, implementation, and progressive development of rules and principles of international law concerning climate change” (Third Meeting of COSIS, Decision 3). Without prejudice to if it will be utilised, note in this respect Article 2(2) of the COSIS Agreement authorises the Commission to request advisory opinions (plural) from ITLOS.
As previously reported COSIS supported the Vanuatu ICJ Advisory Opinion Initiative, and Decision 2 of the Third Meeting of COSIS provides “that the Committee of Legal Experts should assist members of the Commission in making submissions to the ICJ as appropriate”.
For more information see the ITLOS Press Release.
Calls: OGEL Special Issue on Carbon Capture and Storage
The journal Oil, Gas & Energy Law (OGEL) invites submissions for a Special issue focusing on Carbon Capture and Storage. This special issue will look at the key issues related to carbon capture, utilization, and storage, taking a multi-jurisdictional and multi-disciplinary perspective including both onshore and offshore projects. Topics of interest include: challenges with cross-jurisdictional projects, including CO2 pipelines, CO2 shipments and offshore storage and international law of the sea. Papers should be submitted by the end of March 2023 to the editors. More information available in the call for papers.
Filed under Calls
Webinar: UNCLOS@40
Gujarat Maritime University, in association with the Institute for Maritime Affairs and Law of the Sea (University of the Philippines) will host a webinar, entitled, UNCLOS@40, 10 December 2022 (Online). For more information see here.
Filed under Events
ICCAT: management procedure for Atlantic bluefin tuna adopted
The International Commission for the Conservation of Atlantic Tunas (ICCAT) has for the first time in its history adopted a management procedure for Atlantic bluefin tuna. This novel measure, which is the result of the extensive collaboration among scientists, managers and stakeholders, should ensure long-term, sustainable and profitable fisheries of both the western stock and eastern Atlantic and Mediterranean stock. New management measures were also agreed for both North and South Atlantic swordfish stocks. More information available in ICCAT’s press release (21 November 2022).
Filed under International Organizations
ICJ Core Group of Nations: Draft Resolution for ICJ AO Initiative
On 29 November 2022 the ICJ Core Group of Nations, led by the Republic of Vanuatu, submitted a Draft Resolution to all UN Member States, entitled, Request for an advisory opinion of the International Court of Justice on the obligations of States in respect of climate change, for further and broadening consultation. The Vanuatu ICJ Initiative seeks to have the UN General Assembly (UNGA) vote on the adoption of the resolution at the 77th Session of the UNGA, likely in early 2023. The draft question to be submitted to the ICJ would adopt a cross-cutting and systemic approach to the body of international law concerning climate change and protection and preservation of the climate system. Thus, while law of the sea elements cannot be viewed in isolation, they are an integral part of the preambular paragraphs and operative paragraphs.
The operative paragraph of the Draft Resolution would provide:
Decides, in accordance with Article 96 of the Charter of the United Nations, to request the International Court of Justice, pursuant to Article 65 of the Statute of the Court, to render an advisory opinion on the following question:
“Having regard to the applicable treaties, including the Charter of the United Nations, the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the United Nations Framework Convention on Climate Change, the Paris Agreement, and the United Nations Convention on the Law of the Sea, and rules of general international law, including the duty of due diligence, the rights recognized in the Universal Declaration of Human Rights, the principle of prevention of significant harm to the environment, and the duty to protect and preserve the marine environment,
(1) What are the obligations of States under the above-mentioned body of international law to ensure the protection of the climate system and other parts of the environment for present and future generations;
(2) What are the legal consequences under these obligations for States which, by their acts and omissions, have caused significant harm to the climate system and other parts of the environment, with respect to:
(a) Small island developing States and other States which, due to their geographical circumstances and level of development, are injured or specially affected by or are particularly vulnerable to the adverse effects of climate change?
(b) Peoples and individuals of the present and future generations affected by the adverse effects of climate change?”
Draft UNGA Resolution: Request for an advisory opinion of the International Court of Justice on the obligations of States in respect of climate change
In related but distinct developments in possible advisory opinion proceedings, on 2 December 2022 Vanuatu acceded to the Agreement for the Establishment of the Commission of Small Island States on Climate Change and International Law.
Filed under Jurisprudence, State Practice
OSPAR: consultation on the proposed expansion of the NACES MPA
The OSPAR Commission for the protection of the marine environment of the North-East Atlantic (OSPAR) is seeking views on whether to extend the North Atlantic Current and Evlanov Sea basin Marine Protected Area (NACES MPA) to cover the seabed and other species and habitats. This consultation, that starts on 1 December 2022 for a period of 3 months, invites views on new evidence presented in the revised nomination proforma that seeks to demonstrate clear linkages between the benthic and pelagic systems, explaining why this site is so important for seabirds and other species. More information is available here.
Filed under International Organizations, Surveys
Conference: 40 Years of UNCLOS
The Centro de Estudos em Direito do Mar (CEDMAR) of the University of São Paulo (Brazil) will host the 5th Brazilian Congress on the Law of the Sea, themed, 40 years of the United Nations Convention on the Law of the Sea, 8-10 December 2022, in São Paulo/Santos (Brazil). For more information see here.
Filed under Events
Vacancies: Postdoctoral Fellow at University of Bergen
The Faculty of Law at the University of Bergen (UiB) and The Norwegian Centre for Hydrogen Research (HyValue) are recruiting a Postdoctoral Fellow in energy and business law. Applicants are encouraged to submit a project proposal on regulatory aspects related to hydrogen and ammonia transport (in pipelines or ships), storage, and contracts. Closing date for applications is 8 January 2023. More information is available here.
Filed under Vacancies
Vacancy: Research Assistant/Associate at Center for Strategic & International Studies
The Center for Strategic and International Studies (CSIS) is currently advertising a full-time position as a Research Assistant/Associate within the Asia Maritime Transparency Initiative (AMTI), based in Washington, D.C. (USA). For more information see here.
Filed under Vacancies
ICJ: Sovereignty over the Sapodilla Cayes (Belize/Honduras)
On 16 November 2022 Belize submitted an Application instituting proceedings against the Republic of Honduras with regard to a dispute concerning territorial sovereignty over the Sapodilla Cayes. As an application concerning a purported territorial sovereignty dispute over maritime features, the case –and any resulting Judgment– is of relevance to the application of the law of the sea, but is not itself a dispute concerning the interpretation or application of the law of the sea.
Nonetheless, the Application relies upon, among others, purported exercises of coastal state rights and jurisdiction to demonstrate a manifestation of sovereignty over the Sapodilla Cayes (Application, paras. 10 & 16 e.g. adjudicative jurisdiction concerning salvage claims and piracy; prescriptive jurisdiction over natural resources, fisheries and entry; military and coast guard activities around Sapodilla Cayes; and a definition of territorial sea by reference to the Sapodilla Cayes). A number of documents in the Annexes to the Application instituting proceedings also make reference to the dispute concerning “said cays and adjoining maritime areas” and maritime delimitation. The jurisdiction of the ICJ is based on Article XXXI of the Pact of Bogotá, to which Belize deposited its instrument of accession on 27 October 2022.
Indeed, considerations of maritime delimitation and the previously reported pending case before the ICJ, Guatemala’s Territorial, Insular and Maritime Claim (Guatemala/Belize), are evidently a key rationale behind the Application. Various press briefings and Senate Statements by the Minister of Foreign Affairs, Foreign Trade and Immigration of Belize point to the potential for overlapping ‘related’ cases concerning, in part, Sapodilla Cayes, as well as the potential consequences of Honduras intervening in Guatemala’s Territorial, Insular and Maritime Claim (Guatemala/Belize).
For more information see the ICJ Press Release No. 2022/63.
Filed under Jurisprudence, State Practice
Vacancy: Postdoc at Utrecht University
The Utrecht Centre for Water, Oceans and Sustainability Law (UCWOSL) and the Netherlands Institute for the Law of the Sea (NILOS) at the Utrecht University School of Law are currently seeking a Postdoctoral Researcher addressing International Shipping Law and the International Law Relating to Antarctica. Applications are welcome until 8 January 2023. For more information see here.
Filed under Vacancies
Call for Abstracts: Developing Robust Ocean Regimes for Uncertain Futures
The Yong Pung How School of Law (Singapore Management University) will host a workshop, entitled, Developing Robust Ocean Regimes for Uncertain Futures, 28 April 2023 at SMU (Singapore). Abstracts are welcome until 15 January 2023. For more information see here.
ITLOS: The M/T “Heroic Idun” Case (Marshall Islands v. Equatorial Guinea), Discontinued
As previously reported, on 10 November 2022 the Republic of the Marshall Islands had initiated prompt release proceedings against Equatorial Guinea concerning the M/T “Heroic Idun” whilst the vessel and crew were within the jurisdiction, control and custody of Equatorial Guinea. On 11 November 2022, the President of ITLOS via Order 2022/2 fixed the 24 November 2022 as the date for the opening of the hearings.
However, as detailed by the Marshall Islands (Order 2022/3, para 6) and confirmed by a Press Briefing by the Nigerian Navy (Briefing 15 November 2022), on 11 November 2022 “Equatorial Guinea caused the Vessel and her crew to be transferred into the jurisdiction, control and custody of Nigeria”, with the Nigerian Navy escort and M/T Heroic Idun subsequently arriving off Bonny Offshore Terminal II on 12 November 2022. As the Marshall Islands highlighted, “[t]hese developments have regrettably rendered moot the Marshall Islands’ Prompt Release Application […] [a]s a result, the Marshall Islands is compelled to discontinue the proceedings” (Order 2022/3, paras 7-8). On 15 November 2022, the President of ITLOS via Order 2022/3 placed on record the discontinuance of the prompt release proceedings and ordered that the case be removed from the ITLOS list of cases. It should be noted, as of 14 November 2022, “the Government of Equatorial Guinea had not taken any steps in the proceedings” (Order 2022/3, para 10).
According to the Nigerian Navy, the request to Equatorial Guinea to arrest the vessel, the Nigeria/Equatorial Guinea information exchange, the Nigeria/Equatorial Guinea coordination and the transfer of the suspected vessel and persons from Equatorial Guinea to Nigeria was based on the 2013 Code of Conduct Concerning the Repression of Piracy, Armed Robbery Against Ships, and Illicit Maritime Activity in West and Central Africa.
The Nigerian Navy noted a number of domestic legal provisions it believes the M/T Heroic Idun and/or crew “could” have violated. Press reporting on the first arraignment hearing at the Federal High Court Port Harcourt concerning some of the crew members (14 November 2022) list three charges that correlate with some of the Nigerian Navy points, namely two offences under the 2019 Suppression of Piracy and Other Maritime Offences Act and one offence under 2004 Miscellaneous Offences Act. A Statement by OSM, the Ship Manager, offers a different version of the underlying incidents.
For more information see the ITLOS Press Release 324.
Filed under Jurisprudence, State Practice
Russia: Resumed Participation in Black Sea Grain Initiative
As previously reported, on 29 October 2022 Russia decided to indefinitely suspend its participation in the Black Sea Grain Initiative. In response, the Ukrainian, Turkish and United Nations delegations agreed to proceed, with “movements and inspections carried out after the Russian Federation suspended its participation in implementation activities at the Joint Coordination Centre [a]s a temporary and extraordinary measure“. Furthermore, on 1 November 2022 Russia reported that Ukraine had provided written guarantees, including that “the maritime humanitarian corridor will be used only in accordance with the provisions of the Black Sea Initiative and the related JCC regulation” and Russia would therefore resume implementation of the Black Sea Grain Initiative from 2 November 2022. On the 3 November 2022 “the Russian Federation delegation resumed its work at the JCC and joined vessel inspections”. It appears the Republic of Türkiye and the UN played a significant role (2) (3) in returning Russia to the Black Sea Gran Initiative.
As provided in Primary Aspect H. of the Black Sea Grain Initiative, the Initiative initially applies until 18 November 2022 (120 days from the date of signature (22 July 2022)). The Initiative will be automatically extended by another 120 days, unless a Party notifies its intent to terminate or modify the Black Sea Grain Initiative. Türkiye has signalled its intent to extend the Initiative, but Russia has signalled its position is subject to further consultations.
Filed under State Practice
De Maribus 