On the 16 April 2019, Ukraine submitted a request to the International Tribunal for the Law of the Sea (ITLOS) for the prescription of provisional measures under UNCLOS, Article 290(5) in a dispute between Ukraine and the Russian Federation concerning the immunity of three Ukrainian naval vessels and the twenty-four servicemen on board.
For more information see Case No. 26 and the press releases of ITLOS, Ukraine MFA and Russia MFA.
Filed under Jurisprudence
The Faculty of Legal Studies at South Asian University shall host a conference, entitled, South Asia in the Era of International Courts and Tribunals, 28–29 February 2020, at South Asian University (New Delhi, India). The submission of abstracts is welcome until 30 June 2019.
For more information see the website and call for papers.
The Portuguese branch of the International Law Association shall host a regional ILA conference, entitled, The contribution of the case-law of international courts and tribunals to the development of international law, 19-20 September 2019, at the University of Minho Law School (Braga, Portugal). Topics include the contribution of ITLOS to the development of the law of the sea. Abstracts are welcome until the 15 June 2019.
For more information see here.
On the 10 April 2019, the International Tribunal for the Law of the Sea (ITLOS) delivered its Judgment in The M/V “Norstar” Case (Panama v. Italy). The Tribunal found that Italy had violated UNCLOS, Article 87(1) (by 15 votes to 7), that UNCLOS, Article 87(2) was not applicable to the case (unanimously), and that Italy did not violate UNCLOS, Article 300 (20 votes to 2). ITLOS decided to award Panama compensation (with interest) for the loss of the M/V “Norstar” (15 votes to 7).
For more information, see the Judgement and furthermore the case page for numerous Declarations, Separation Opinions and a Joint Dissenting Opinion. As previously reported, incidental proceedings occurred in respect of Preliminary Objections.
Filed under Jurisprudence
The Chinese Society for the Law of the Sea is hosting another edition of its International Law of the Sea Moot Court Competition (see 2018 report here). The 2019 edition will be hosted by the Wuhan University China Institute of Boundary and Ocean Studies and it is scheduled to take place in early November 2019 in Wuhan, China. Registration deadline is 20 May 2019. More information is available here.
Filed under Competitions, Events
A mandatory requirement for national governments to introduce electronic information exchange between ships and ports is coming into effect. The requirement, mandatory under IMO’s Convention on Facilitation of International Maritime Traffic (FAL Convention), is part of a package of amendments under the revised Annex to the FAL Convention, adopted in 2016. The FAL Convention encourages use of a “single window” for data, to enable all the information required by public authorities in connection with the arrival, stay and departure of ships, persons and cargo, to be submitted via a single portal, without duplication. The FAL Convention amendments make it mandatory for ships and ports to exchange FAL data electronically from 8 April 2019. More information is available here and here.
Filed under International Organizations
The ITLOS-Nippon Foundation Capacity-Building and Training Programme on Dispute Settlement under UNCLOS, July 2019 – March 2020, to be held at the seat of ITLOS (Hamburg, Germany), is welcoming applications until 25 April 2019.
The Transatlantic Maritime Emissions Research Network is welcoming abstract submissions for a conference on Arctic Environmental and Climate Change Governance. The event will take place in Copenhagen, Denmark, on June 11-12, 2019. The conference seeks to explore environmental governance in the Arctic by examining institutions, actors and interactions in emerging issues in Arctic ocean governance, such as conservation of marine living resources, the use of the marine Arctic for extractive industries, climate change impacts, and maritime transport issues. Deadline for submissions is April 20, 2019. More information is available here.
The 8th Munich Advanced Course in International Law, entitled, International law without territory? – Governing spaces, resources and people beyond the confines of state territory, will be held 31 July – 14 August 2019 at Ludwig Maximilian University of Munich (Munich, Germany). Topics covered include high seas governance. Applications are welcome until 1 April 2019 (first application period) or 1 May 2019 (second application period).
For more information, see here.
Filed under Courses
The European Parliament and the European Commission shall host a conference, entitled, Oceans: Future of the Blue Planet, 19 March 2019, at the European Parliament (Brussels, Belgium).
For more information see the programme and registration here.
Filed under Events
The Environmental Law Center of the University of Cologne and its co-organizers shall host a workshop, entitled, Globalization of Environmental Law and the Role of Emerging Economies, 6 April 2019, at the University of Cologne (Germany). Numerous topics could be approached with a law of the sea angle. Submissions are welcome until 15 March 2019.
For more information, see the call for papers.
The University of Westminster shall host a discussion event, entitled, Beyond the Grotian Era: The Quest for ‘Lawful Seas’, on the 11 March 2019 at Westminster Law School (London, UK).
For more information and registration see here.
Filed under Events
The Supreme Court of Norway has rejected the appeals of a Russian captain and a Latvian shipping company that was convicted in the Court of Appeal for having caught snow crab without a Norwegian permit. The catch took place in the fish protection zone at Svalbard, on the Norwegian continental shelf. The Supreme Court stated that the snow crab is a sedentary species within the meaning of the UNCLOS, which the coastal state of Norway, under international law, has the exclusive right to exploit. It also understood that the Svalbard Treaty does not prevent penalising the person who catches without permission and that this applies regardless of nationality. The verdict of 14 February 2019 (reference: HR-2019-282-S, case no. 18-064307STR-HRET) may be found here (in Norwegian); an English translation has also been made available here.
Filed under State Practice
Kelley Drye and the World Ocean Council will host a conference, entitled, Oceans & Waterways, on the 8 March 2019 at The Houstonian (Houston, USA). Panels will discuss federal and state legal, regulatory and political developments impacting oceans, waterways, and their uses.
For more information and registration, see here.
Filed under Events
Internationaler Umweltrechtstag Hamburg e.V. shall host the Fourth Hamburg International Environmental Law Conference, entitled, Of Ships and of Shores, of Ports and of Profits – Responsible Maritime Governance, 4-5 April 2019, at the Bucerius Law School (Hamburg, Germany).
The NUS Centre for International Law (CIL) shall host a conference, entitled, CIL International Law Year in Review Conference 2019, 1 March 2019, at the Novotel (Singapore). The event includes a discussion for the book launch of The Timor-Leste/Australia Conciliation: A Victory for UNCLOS and Peaceful Settlement of Disputes.
Filed under Events
The 12th Polar Law Symposium, entitled, The Fundamental Principles of Polar Law, will be held at the Institute for Marine and Antarctic Studies (University of Tasmania, Australia), 1-4 December 2019. Abstracts may be submitted until the 3 April 2019.
For more information, including submissions for the PCRC-ArCS Special Session, see here.
The Ministry of Foreign Affairs of Japan and the World Maritime University (WMU) shall host an international workshop, entitled, Biodiversity Beyond National Jurisdiction (BBNJ): Toward Development of a Balanced, Effective and Universal International Agreement, on the 7 February 2019 at the High Court (Malmö, Sweden).
For more information and registration, see here.
Filed under Events
The 13th session of the IFLOS Summer Academy at the International Tribunal for the Law of the Sea will be held from 21 July to 16 August 2019. Applicants should hold a Master’s degree (LL.M. or equivalent) and have advanced knowledge of public international law, the law of the sea or maritime law. The deadline for the reception of applications is 30 April 2019 (postal). For more information, see here.
Two fellowships for candidates are available under the ISA/Marawa 2019 Training Programme. For more information and to apply, see here.
Filed under Courses
The European Marine Board is organising the 2019 edition of the EurOCEAN conference. The event takes place on 11-12 June 2019 at the Intergovernmental Oceanographic Commission of UNESCO in Paris, France. This year’s edition aims to highlight the European marine science needed for the EU Framework Programme Horizon Europe and the United Nations Decade of Ocean Science for Sustainable Development (2021-2030). The draft conference programme is available here. More information is available here.
Filed under Events
The Senate of Argentina has approved the creation of two new Marine Protected Areas (MPA), Yaganes and Namuncurá-Banco Burdwood II. These areas are located in the Exclusive Economic Zone of Argentina. Yaganes is approximately 69 thousand km2, while Namuncurá – Banco Burdwood II covers more than 32 thousand km2. The respective legal text (Ley 27490), published 17 December 2018, can be found here (Spanish). The press releases from the Government of Argentina may be found here (Spanish) and here (Spanish). More information about these areas may be found here.
Location of the National Marine Park of Yaganes and the National Marine Reserves of Namuncurá – Banco Burdwood II. Source: Wildlife Conservation Society
Filed under State Practice
The European Society of International Law (ESIL) is hosting its 15th Conference in Athens, Greece on 12-14 September 2019. The theme of the event is “Sovereignty: a concept in flux?” and Agora I, is entitled “Beyond Sovereignty: ABNJ and the LoS”. Possible topics for discussion include the discovery of commercially valuable genetic and biochemical resources, or the use of the Area Based Management Tools, including Marine Protected Areas. The call for papers may be found here. Deadline for submission of abstracts is 31 January 2019. More information is available here.
Filed under Calls
The OECD, in cooperation with the Portuguese Government, is organising an international conference on Innovation for a Sustainable Ocean: Observatories and Knowledge Networks. The event will take place on 14 February 2019 at the Auditorium of IPMA, Lisbon/Algés, Portugal. The Draft Agenda and Practical Information have already been made available and registration can be done here up until 10 February 2019. More information on the Ocean Economy Group can be found here.
Filed under Events
The twenty-fourth session of the Rhodes Academy of Oceans Law and Policy will be held 30 June – 19 July 2019. The deadline to submit an application is 9 April 2019. For more information, fees and application documents please see here.
Filed under Courses
An incident between Ukrainian and Russian governmental vessels occurred in the vicinity of the entrance to the Kerch Strait, 25 November 2018, of which the facts are disputed.
In a letter (2) dated 27 November 2018, Ukraine informed the Arbitral Tribunal in the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation) (previously reported) about the incident, on the basis it aggravated the parties’ dispute. Ukraine also filed its response to Russia’s jurisdictional objections.
On the 29 November 2018 an inter-State application was lodged by Ukraine before the European Court of Human Rights (ECtHR) under Article 33 of the European Convention on Human Rights, Application no. 55855/18, Ukraine v. Russia (VIII). The ECtHR put factual questions to the Russian Government. The Russian Justice Ministry responded, but objected to the Ukrainian application. On the 4 December 2018 the ECtHR, under Rule 39 of the Rules of Court, indicated interim measures to the Russian Government concerning medical treatment for the captive Ukrainian naval personnel.
Filed under Jurisprudence
The Singapore Government on 12 December 2018 filed a declaration under Article 298(1)(a) of the United Nations Convention on the Law of the Sea (UNCLOS). This declaration means that other States Parties to UNCLOS cannot unilaterally commence third party arbitration or adjudication against Singapore in respect of maritime boundary disputes. Singapore likewise cannot unilaterally commence third party arbitration or adjudication against other States Parties for such disputes. A statement by the Ministry of Foreign Affairs of Singapore on the matter may be found here.
Filed under State Practice
A final step for nine ecologically unique marine areas in the Baltic Sea to be included in a global registry was taken during the UN Biodiversity Conference held in Sharm El-Sheikh, Egypt, from 17 to 29 November 2018. Altogether, the nine so-called Ecologically or Biologically Significant Marine Areas (EBSAs) cover 23 percent of the Baltic Sea waters. The new EBSAs were identified in Helsinki earlier in February 2018 during the Baltic EBSA workshop convened by the UN Secretariat of the Convention on Biological Diversity. More information is available here.
Filed under International Organizations
The International Organizations Interest Group (IOIG) of the American Society of International Law (ASIL) shall host its biennial Work-In-Progress Workshop, 15 March 2019, at Seton Hall School of Law (Newark, USA). Abstracts must relate to the study of international organizations, with one signature topic of particular note for law of the sea submissions being Beyond National Jurisdiction: Human Activities in the Oceans, Polar Regions, Cyberspace and Outer Space. Abstract submissions are welcome until 1 December 2018.
For further information see here.
The Chinese (Taiwan) Society of International Law shall host an ILA-ASIL Asia-Pacific Research Forum, entitled, International Law and Emerging Powers: New Policy Challenges in the Asia-Pacific, from 17-18 May 2019 at Howard Civil Service International House (Taipei, Taiwan). Numerous areas of international law suggested by the organizing committee would accommodate law of the sea papers. Paper proposals are welcome until 10 December 2018.
On 14 November 2018 the Draft Withdrawal Agreement and Outline of the Political Declaration on the Future Relationship were finalised and agreed at the negotiator level. This is now subject to legal verification, whereby the final agreement and declaration are subject to endorsement and adoption, respectively.
Arrangements relating to fishing opportunities during the transition period are found within Article 130. If an agreement on the future EU-UK relationship is not applicable by 31 December 2020, the single EU-UK customs territory forming part of the “backstop solution” (Protocol on Ireland/Northern Ireland, Article 6) will exclude fishery and aquaculture products “unless an agreement on access to waters and fishing opportunities is applicable between the Union and the United Kingdom”. The Withdrawal Agreement and Political Declaration both highlight the commitment to “use their best endeavours to conclude and ratify such an agreement before 1 July 2020”. The Protocol relating to the Sovereign Base Areas in Cyprus preserves EU fisheries law for Sovereign Base Areas (Article 6), while the Protocol on Gibraltar establishes UK-Spain coordinating procedures for fisheries (Article 4).
See further the Joint Statement (14 Nov 2018), Déclaration par Michel Barnier and the European Commission recommendation to the European Council.
Filed under State Practice, Treaties
Japan has designated two coastal areas, Shizugawa-wan (Ramsar Site no. 2358) and Kasai Marine Park (Site no. 2357), as Wetlands of International Importance, while extending a third, Lower Maruyama River and the Surrounding Rice Paddies (Site no. 2055), in order to reinforce its conservation value. This designation took place under the Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat. More information is available here
Filed under State Practice
The Centre for International Law (National University of Singapore) shall host a conference, entitled, International Conference on Regional Cooperation for the Protection of the Marine Environment, 15–16 January 2019 (Singapore).
To register, see here.
Filed under Events
The Centre for International Law (National University of Singapore) shall host a seminar, entitled, Governance of Arctic Shipping: Recent Developments & Prospects, 15 November 2018, at the NUS Bukit Timah Campus (Singapore).
For further information and registration, see here.
Filed under Events
The Ocean Yearbook‘s annual competition for students writing research papers on “marine affairs” is open to submissions until 13 May 2019. The Student Prize 2019 will include publication in a subsequent issue of the Ocean Yearbook. A definition of maritime affairs is included within the call.
For more information on eligibility and submissions, see here.
Filed under Calls
The Centre for Maritime Research (MARE) is hosting its 10th international People and the Sea Conference. The event will take place in Amsterdam, The Netherlands, on June 25-28, 2019. This conference, which is preceded by a policy day (June 24, 2019), is entitled “People & the Sea X: learning from the past, imagining the future”. It features six stream topics: 1) Making a living from coasts and oceans; 2) Framing, knowing and dreaming coasts and oceans; 3) Governing, steering and managing coasts and oceans; 4) Navigating, touring and experiencing coasts and oceans; 5) Appropriating, contesting and criminalizing coasts and oceans; 6) Innovating, technologizing and tracking uses of coasts and oceans. Deadline for panel, paper proposals and other conference formats is January 31, 2019. More details are available here.
Filed under Events
Denmark and Poland have agreed on a maritime boundary that, once it enters into force, will delimit the Continental Shelfs and the Exclusive Economic Zones of the two countries in the Baltic Sea, south of Bornholm. The disputed area is approximately 3.600 km2. It is the last outstanding delimitation in the area of Bornholm. The maritime boundaries between Bornholm and Sweden were settled in 1984 and between Bornholm and Germany in 1988. The joint press statement may be found here and here.
Filed under State Practice
The UK Government has introduced to the UK House of Commons the Fisheries Bill (Bill 278), its first reading being held 25 October 2018. As summarized in the Explanatory Notes (para. 1), “[t]he Fisheries Bill (the Bill) will provide the legal framework for the United Kingdom to operate as an independent coastal state under the United Nations Convention on the Law of the Sea 1982 (UNCLOS) after the UK has left the European Union (EU) and the Common Fisheries Policy (the CFP)”.
For more information see the Fisheries Bill (as introduced), Explanatory Notes, Delegated Powers Memorandum and press release.
Filed under State Practice
Filed under Events
The International Maritime Organization (IMO) adopted an amendment to support consistent implementation of the forthcoming 0.50% limit on sulphur in ships fuel oil. The complementary MARPOL amendment will prohibit the carriage of non-compliant fuel oil for combustion purposes for propulsion or operation on board a ship – unless the ship has an exhaust gas cleaning system (“scrubber”) fitted. Installing a scrubber is accepted by flag States as an alternative means to meet the sulphur limit requirement. The complementary amendment is expected to enter into force on 1 March 2020. The press release of the IMO is available here.
Filed under International Organizations
On the 3 October 2018, the United States, Canada, the Kingdom of Denmark, the European Union, Iceland, Japan, the Republic of Korea, the Kingdom of Norway, the People’s Republic of China, and the Russian Federation signed the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOF Agreement). The agreement covers approximately 2.8 million square kilometers and will establish and operate a Joint Program of Scientific Research and Monitoring (art. 4). Unregulated fishing in the high seas of the central Arctic Ocean is prohibited for 16 years following entry into force (arts. 3, 11, 13). Sedentary species are not included (art. 1).
See further, the CAOF Agreement, and statements by the EU, USA and Russia.
Filed under State Practice, Treaties
The Department of Fisheries of the Government of Thailand will host the 6th Global Fisheries Enforcement Training Workshop, entitled, CLOSING THE NET: Global cooperation between flag, coastal, port and market states for effective enforcement of international and domestic law, 18-22 February 2019 (Bangkok, Thailand). Nominations are accepted and evaluated on a rolling basis.
For further information see the prospectus and call for abstracts.
Filed under Calls
The International Court of Justice delivered its Judgment in the case concerning Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile). In its Judgment, the Court finds that Chile did not undertake a legal obligation to negotiate a sovereign access to the Pacific Ocean for Bolivia. The Court noted that “the statement by Bolivia, when signing UNCLOS, that referred to “negotiations on the restoration to Bolivia of its own sovereign outlet to the Pacific Ocean” did not imply the allegation of the existence of any obligation for Chile in that regard” and that “acquiescence cannot be considered a legal basis of an obligation to negotiate Bolivia’s sovereign access to the sea”. The full text of the Judgment is available here.
Filed under Jurisprudence
The World Ocean Council is presenting another edition of the Sustainable Ocean Summit, themed “Ocean Sustainable Development – Connecting Asia and the World”. This year’s event will take place in Hong Kong, China, on November 14-16, 2018. Aside from plenary sessions, the summit will also feature workshops; one of them is entitled “UN Law of the Sea: New Legally Binding Instrument on Biodiversity in Areas Beyond National Jurisdiction (BBNJ) and Ocean Industries”. The program of the event is available here.
Filed under Events
The Indonesian Center for the Law of the Sea (ICLOS) at Universitas Padjadjaran is hosting a conference entitled UNCLOS & Artificial Islands Beyond National Jurisdiction. The conference includes sub-themes such as, for example, “ASEAN and the South China Sea”. The event shall take place in Bandung, Indonesia, on November 21-22, 2018. Registration is open until November 5, 2018 and subject to a fee. More information is available here.
Filed under Events
Pursuant to the Statute of the International Tribunal for the Law of the Sea, Article 16, the International Tribunal for the Law of the Sea (ITLOS) has amended the Rules of the Tribunal, on the 25 September 2018, namely Articles 60(2) and 61(3). Both provisions have been amended through the addition of:
“If the Tribunal is not sitting, its powers under this article may be exercised by the President of the Tribunal, but without prejudice to any subsequent decision of the Tribunal.”
The amendments immediately entered into force. The rationale for amendment given by the Tribunal was “in the interest of the efficient and cost-effective administration of justice”.
For further information see the Amendments (25 September 2018) and ITLOS Press Release 275.
Filed under International Organizations, Treaties
Altercations between French and UK scallop fishers in the Bay of Seine (French EEZ) resurfaced on the 27 August 2018 (the “scallop wars”). The incident arose out of a failure to renew a bilateral agreement between French and UK fishermen before the start of the 2018 scallop fishing season. Consensus could not be reached upon whether to include UK vessels under 15 metres long within the industry agreement. Following a series of meetings, industry agreement was reached 17 September 2018 and endorsed by the respective French and UK ministries.
For further information see the French Ministry of Agriculture and Food communiqués and the prior statement of the UK Minister of State at the Department for Environment, Food and Rural Affairs.
Filed under State Practice
Human Rights at Sea shall host its 2nd International Maritime Human Rights Conference, entitled, Maritime Business and Human Rights, 29 October 2018, at Fishmongers’ Hall (London, UK).
For further information see here, and registration here (fees apply).
Filed under Events
On 20 August 2018, in respect of the Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation), the Arbitral Tribunal unanimously adopted Procedural Order No. 3 deciding that “the Preliminary Objections of the Russian Federation shall be addressed in a preliminary phase of these proceedings”. Procedural Order No. 4, adopted 27 August 2018, established a timetable for the Parties’ further written pleadings on jurisdiction.
For further information see Procedural Order No. 3, Procedural Order No. 4 and the Statement of the MFA of Ukraine. The US State Department and the Delegation of the European Union to Ukraine have also recently commented on the situation vis-a-vis the Kerch Strait.
Filed under Jurisprudence
The Centre for International Law (CIL) of the National University of Singapore (NUS), in collaboration with the Maritime & Port Authority of Singapore, shall host an international workshop, entitled, Greenhouse Gas Emissions and Shipping, 13-14 November 2018, at a downtown hotel TBC (Singapore).
For further information see here.
De Maribus 