De Maribus

The Rotterdam District Court has condemned a shipping company for the illegal export of ships for scrapping. A set of related decisions dated 15 March 2018 has led to the company Seatrade being fined, and to a temporary professional ban issued against two of its executives. The Dutch public prosecutor considered as facts the sales of ships for demolition in India, Bangladesh and Turkey in 2012. One of the justifications for these decisions has been that the “harmful consequences of scrapping ships on the beaches of India and Bangladesh, in particular for the environment and health, are far-reaching.” (translated from the Dutch: “De schadelijke gevolgen van het slopen van schepen op de stranden van met name India en Bangladesh voor milieu en gezondheid, zijn verstrekkend”). These decisions were taken on the basis of Regulation (EC) Nr. 1013/2006 on the shipment of waste, which prohibits EU member-states from exporting hazardous waste to countries outside the OECD. The court interpreted Recital 35 of that Regulation, which states that “[i]t is necessary to ensure the safe and environmentally sound management of ship dismantling in order to protect human health and the environment” as encompassing ships of all flags fall under its scope. The cases may be found in the list below:

ECLI: NL: RBROT: 2018: 2108 Court of Rotterdam, 15-03-2018, 10 / 994550-15

ECLI: NL: RBROT: 2018: 2215 Court of Rotterdam, 15-03-2018, 10 / 997501-13

ECLI: NL: RBROT: 2018: 2216 Court of Rotterdam, 15-03-2018, 10 / 997504-13

ECLI: NL: RBROT: 2018: 2217 Court of Rotterdam, 15-03-2018, 10 / 994552-15

ECLI: NL: RBROT: 2018: 2218 Court of Rotterdam, 15-03-2018, 10 / 997503-13

ECLI: NL: RBROT: 2018: 2345 Court of Rotterdam, 15-03-2018, 10 / 994551-15

ECLI: NL: RBROT: 2018: 2348 Court of Rotterdam, 15-03-2018, 10 / 994548-15

ECLI: NL: RBROT: 2018: 2364 Court of Rotterdam, 15-03-2018, 10 / 994549-15

ECLI: NL: RBROT: 2018: 2390 Court of Rotterdam, 15-03-2018, 10 / 997506-13

The President of Brazil has approved on 19 March 2018 the creation of environmentally protected areas surrounding two of its archipelagos, including the creation of two natural monuments (as per Art. 12 of Law No 9.985 of 18 July 2000). The Decree No 9.312 creates the environmental protection area of the Tridade e Martim Vaz archipelago, creating also the natural monument of the Trindade e Martim Vaz islands and of the Columbia mount; it may be found here (in Portuguese). The Decree Nº 9.313 creates the environmental protection area of the São Pedro e São Paulo archipelago, creating also the natural monument of the São Pedro e São Paulo archipelago; it may be found here (in Portuguese). Whilst economic activities, such as sustainable fisheries, will be allowed within the environmental protection areas, the natural monuments will be areas of “integral protection”. The protected areas encompass the archipelagos’ Exclusive Economic Zones (c. 40 million hectares each). The protection of these areas will allow Brazil to accomplish Goal 11 of the Aichi Biodiversity Targets.

The location of Brazil’s newest marine protected areas. Source: Instituto Chico Gomes

On the 2 March 2018, the Russian Government signed the directive (Распоряжение от 2 марта 2018 года №352-р) establishing the Novosibirsk Islands Federal Nature Sanctuary. Found within the Republic of Sakha (Yakutia), the sanctuary covers “the Novosibirsk Islands Archipelago and adjoining waters (a section of inland sea and the territorial sea of the Russian Federation with a width of 12 nautical miles adjoining the territory of the Novosibirsk Islands Archipelago)”. This is in accordance with Federal Law of March 14, 1995 No. 33-FZ “On Specially Protected Natural Territories”.

For more information, see press release (English), Order №352-р (in Russian), and Federal Law No. 33-FZ (in Russian).

The Ministry of Foreign Affairs of the Republic of Turkey, which does not have diplomatic relations with the Republic of Cyprus, has objected (11 February 2018) to the “Greek Cypriot Administration’s hydrocarbon-related activities in the Eastern Mediterranean” which are said to be “in disregard of the inalienable rights on natural resources of the Turkish Cypriot people, who are the co-owners of the Island”. The Ministry of Foreign Affairs of the Turkish Republic of Northern Cyprus has stated (13 February 2018) that “as long as the Greek Cypriot side continues to take unilateral steps that disregard our legitimate rights over the Island’s natural resources” it would take “reciprocal steps”. The President of the Republic Cyprus has reaffirmed (21 February 2018) that its intentions are to “to fully explore and exploit the hydrocarbon potential in its exclusive economic zone”.

This exchange follows the issuance by the Turkish Naval Force of a NAVTEX message which prevented a ENI-owned drillship from accessing Block 3 due to military training set to occur in the area. The Cyprus Joint Rescue Coordination Center has responded (27 January 2018) with another NAVTEX message, which described Turkey’s activity as “unauthorised and illegal”. The President of the European Council has meanwhile referred (23 February 2018) to “Turkey’s illegal violations in the Eastern Mediterranean and in the Aegean” and reiterated support for “the sovereign right of the Republic of Cyprus to explore and exploit its natural resources”. The Minister of Foreign Affairs of Greece also criticised (6 March 2018) Turkey’s position, saying that Turkey “cannot pursue an aggressive foreign policy, not respecting international law and choosing to ignore or circumvent the Law of the Sea”.

Cyprus offshore exploration blocks. Source: Republic of Cyprus, Ministry of Energy, Commerce, Industry and Tourism (Twitter)

The Seychelles announced two new Marine Protected Areas (MPAs) covering 210,000 square kilometers (81,000 square miles), 21 February 2018. The MPAs were created as part of the first ever debt-for-conservation deal, designed by The Nature Conservancy. MPAs includes 74,400 sq. km surrounding the Aldabra Group, and 136,000 sq. km between the Amirantes Group and Fortune Bank. $21.6 million of sovereign debt was purchased at a discount, with repayments now made at more favourable terms to the Seychelles Conservation and Climate Adaptation Trust (SeyCCAT).

For more information, see The Nature Conservancy press release and Marine Spatial Plan Phase 1 documentation.

The President of the Lebanese Parliament has rejected the mediation of the United States of America in the issue with Israel concerning maritime boundaries in the Mediterranean Sea. His declaration may be found here (in Arabic). This follows the exclusive licensing of two oil blocks in a disputed area to a private consortium by the Lebanese Minister of Energy. Yet Israel maintains claims to oil deposits in that region as well. The USA Secretary of State has on this matter affirmed that this “is an extremely important issue to Lebanon” and that “it’s important to Israel as well, to come to some agreement so that private companies can go to work offshore and determine what, in fact, might be available in terms of natural resource development”. One of the members of the consortium that has been licensed by Lebanon to explore blocks in the disputed area affirms that they “are fully aware of the Israeli-Lebanese border dispute in the southern part of the block that covers only very limited area (less than 8% of the block’s surface)”. Their press release may be found here.

The blocks awarded to the consortium of Total (operator, 40%), ENI (40%) and Novatek (20%) in the frame of the 1st offshore licensing round, launched by the Lebanese government in January 2017. (source: http://www.total.com)

The UK Parliamentary Office of Science and Technology (POST) has published a POSTnote, entitled, UK Fisheries Management, 21 February 2018. The POSTnote focuses on marine capture fisheries, including future challenges.

For more information, see here.

Maritime boundary negotiations between Vanuatu and France, which include an unresolved dispute on the sovereignty over the Matthew Island and the Hunter Island, and their respective 190 000 sq km EEZ, are under way. Those islands are claimed by Vanuatu as part of its southernmost Tafea Province since 1929, but France claims them to be part of New Caledonia since 1976 (i.e. prior to Vanuatu’s independence in 1980). According to Vanuatu’s Prime Minister, New Caledonia’s Front de Libération Nationale Kanak et Socialiste party coalition has now recognized the islands as part of “Vanuatu National Heritage”, opening the door for “dialogue and negotiation between Vanuatu Government and the Government of France on maritime boundaries”. These negotiations are set to happen amidst debate around the referendum on the independence of New Caledonia, scheduled May 2018. The full statement of Vanuatu’s Prime Minister may be found here.

Map of New Caledonia and Vanuatu, Oceania, featuring Mathhew and Hunter Islands under New Caledonia’s jurisdiction. (Wikimedia Commons)

The United States of America, together with the Russian Federation, have proposed a system of two-way routes for vessels to follow in the Bering Strait and Bering Sea. This joint proposal features the establishment of six two-way routes and six precautionary areas. The proposed two-way routes will be voluntary for all domestic and international ships. No additional aids to navigation are being proposed to mark the recommended two-way routes and the routing measures do not limit commercial fishing or subsistence activities. More information is available here

India and the ASEAN countries have agreed to set up a mechanism on maritime cooperation to counter the common challenges they face in the maritime domain. The information was confirmed at a press briefing press briefing. This intention follows the Delhi declaration of the ASEAN-INDIA commemorative summit, which reaffirmed “the importance of maintaining and promoting peace, stability, maritime safety and security, freedom of navigation and overflight in the region, and other lawful uses of the seas and unimpeded lawful maritime commerce and to promote peaceful resolutions of disputes” and the support of the signatories to the “full and effective implementation of the Declaration on the Conduct of the Parties in the South China Sea (DOC)”. That declaration may be found here.

On the 26 January 2018, the State Council Information Office of the People’s Republic of China released a white paper, entitled, China’s Arctic Policy. China defines itself as a “Near-Arctic State” before setting out its policy goals.

For more information see the full text here.