World Oceans Day is celebrated today, the 8th June. This year’s theme is “Healthy Oceans, Healthy Planet”, with a focus upon plastic pollution. Various events around the World continue today, and into the forthcoming weekend, under the coordination of The Ocean Project.
For more information on what you can do, and events nearby, consult the website here.
Filed under Non-State Actors
The Centre for East Asian Studies Groningen (CAESG), University of Groningen, in cooperation with SIB-Groningen, and the study association Vintres, will hold a guest lecture by Mr. Gou Haibo (Consular and Legal Officer in the Embassy of the People’s Republic of China to the Kingdom of the Netherlands) entitled, Dispute Settlement in the South China Sea: Beijing, Manila, The Hague. The lecture will be held on the 13 June, 20:00-21:30 in the Academy Building (Groningen, The Netherlands).
For more information, see here.
Filed under Events
Virginia University’s Center for Oceans Law and Policy (COLP) is organizing, in cooperation with the Division for Ocean Affairs and the Law of the Sea and the Office of Legal Affairs of the United Nations, a conference entitled Legal Order in the World’s Oceans: UN Convention on the Law of the Sea. This is already the 40th annual conference of the COLP and it will be hosted at the United Nations Headquarters, New York, on June 27–28, 2016. The program can be found here.
Filed under Events
The Association Internationale du Droit de la Mer has issued a call for papers for its forthcoming conference, entitled, International Tribunals and the Interpretation of the United Nations Convention on the Law of the Sea, to be held 3-4 November 2016, University of Sannio, Benevento (Italy). The deadline for the submission of abstracts is 17 July 2016.
For more information please see the call for papers (in French & English).
The Collaborative Innovation Centre for Territorial Sovereignty and Maritime Rights (CICTSMR), the Research Institute of Environmental Law (RIEL), Wuhan University, China and the School of Law, University of New England, Australia, have issued a call for papers/abstracts for a forthcoming conference entitled, Conservation of Marine Living Resources in the Polar Regions: Science, Politics and Law. The conference will be held 25-26 March 2017, Wuhan University, China, and the abstract deadlines is 15 September 2016.
For more information on the conference, confirmed speakers and abstract submission details see here.
The Univeristy of Hasselt will host a guest lecture by Prof. dr. Alexander Vylegzhanin (Head of International Law Department, Moscow State Institute of International Relations), entitled Oil and gas development in the Arctic – International law and Russian policy. The event will be on 26 May 2016, at 4:00pm, in the Oude Gevangenis, Universiteit Hasselt. The event will be in English.
For more information see this flyer, and for registration (in dutch) see here.
Filed under Events
The 2009 FAO Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA), has reached the required threshold of formal deposits of adherence and will therefore enter into force on 5 June 2016. According to the FAO press release, the following states and regional economic integration organization are parties to the PSMA: Australia, Barbados, Chile, Costa Rica, Cuba, Dominica, European Union – Member Organization, Gabon, Guinea Bissau, Guyana, Iceland, Mauritius, Mozambique, Myanmar, New Zealand, Norway, Oman, Palau, Republic of Korea, Saint Kitts and Nevis, Seychelles, Somalia, South Africa, Sri Lanka, Sudan, Thailand, Tonga, United States of America, Uruguay, and Vanuatu.
For more information, see the FAO press release here.
Unconfirmed reports also suggest Gambia has ratified the PSMA within its internal National Assembly, however, according to the FAO website, it has not yet formally deposited an instrument of adherence.
Filed under Treaties
IMO’s Maritime Safety Committee (MSC) has confirmed that ship construction rules for oil tankers and bulk carriers submitted by 12 classification societies conform to the goals and functional requirements set by the Organization for new oil tankers and bulk carriers. This marks a significant new development in how international standards for ship construction are determined and implemented. For the first time, IMO has been given a role in auditing and verifying the structural rules developed by the classification societies for new-build oil tankers and bulk carriers. More information can be found here.
Filed under International Organizations
UCILS, of Utrecht University, will host a guest lecture by Dr Efthymios Papastavridis, entitled, EU and NATO efforts to combat smuggling of migrants in the Mediterranean and the international law of the sea. The lecture will take place 15.00-17.00, 19 May 2016, in the Toonpeterszaal, Achter Sint Pieter 200, Utrecht, The Netherlands.
For more information, see here.
Filed under Events
On 29 April 2016, the Arbitral Tribunal in the arbitration concerning the “Enrica Lexie” incident (Italy v. India) adopted its Order in respect of a request by Italy for the prescription of provisional measures. In the operative part of the Order, the Arbitral Tribunal unanimously prescribed the following provisional measures:
a) Italy and India shall cooperate, including in proceedings before the Supreme Court of India, to achieve a relaxation of the bail conditions of Sergeant Girone so as to give effect to the concept of considerations of humanity, so that Sergeant Girone, while remaining under the authority of the Supreme Court of India, may return to Italy during the present Annex VII arbitration.
b) The Arbitral Tribunal confirms Italy’s obligation to return Sergeant Girone to India in case the Arbitral Tribunal finds that India has jurisdiction over him in respect of the “Enrica Lexie” incident.
c) The Arbitral Tribunal decides that Italy and India each shall report to the Arbitral Tribunal on compliance with these provisional measures, and authorizes the President to seek information from the Parties if no such report is submitted within three months from the date of this Order and thereafter as he may consider appropriate.
The full text of the Order is available on the Case Repository of the PCA.
Filed under Jurisprudence
The Institute of International Shipping and Trade Law (Swansea University), in cooperation with the Center for Energy, Law, and Business of University of Texas Law School, will hold a symposium entitled, Lex Petrolea – Reality or Myth?, on the 21 June 2016 at Etc. Venues, London, United Kingdom.
For more information see here, this flyer and registration.
Filed under Events
Timor-Leste initiated compulsory conciliation with Australia on the 14th April 2016, under the provisions of UNCLOS, in order “to facilitate the conclusion of an agreement with Australia on permanent maritime boundaries”. On the 2nd May 2016 the government of Australia has informed Timor-Leste of its two appointments to the Conciliation Commission. They shall now work with the two Timor-Leste appointed conciliators in order to appoint a fifth member, before the Commission begins its work.
For more information see the official press releases here, and here.
Filed under State Practice
The Republic of the Marshall Islands has reached a major milestone in ocean resource management and international relations following the submission of their completed maritime boundary legislation to the United Nations on 22 April 2016. This legislation includes more than 450 pages of geographical coordinates, treaty agreements, and a total of 25 charts which will officially declare the baselines and the outer limits of all of its maritime zones under the national jurisdiction of the Marshall Islands. More information available here.
Filed under State Practice
The sixth conference of the MSP stakeholder series, focussing on MSP Worldwide will be organised on 8 and 9 June 2016 by DG MARE in University of the Azores, Ponte Delgada, Azores. The conference will present experiences, opportunities and challenges of MSP implementation around the world. In particular it will look at MSP’s economic benefits, its potential as a climate adaptation tool as well as at the role of area-based management regimes in international waters. The main purpose is to take stock of what is being done at international level and identify potential synergies with EU MSP. More information can be found here.
Filed under Events
The Marine Environment Protection Committee (MEPC) of the International Maritime Organization (IMO) has approved mandatory requirements for ships to record and report their fuel consumption.The draft mandatory data collection requirements will be put forward for adoption at the 70th MEPC session in October this year and could enter into force in 2018. The data collection system is enshrined in draft amendments to the International Convention for the Prevention of Pollution from Ships (MARPOL), which were approved by the 69th session of the MEPC, meeting at IMO Headquarters in London this week (18 to 22 April). More information on the matter available here.
Filed under International Organizations
The Shanghai Jiao Tong University is organizing and hosting a Summer Seminar of Theory and Practice of Marine Law. The event occurs at Xuhui Campus of Shanghai Jiao Tong University, in China, from July 17th to July 30th, 2016. The registration deadline is June 17. More information is available here.
Filed under Courses
The World Maritime University is hosting a symposium on migration by sea. The event is organized in partnership with the University of Genoa (Università degli Studi di Genova – UNIGE) and will occur on 26-27 April 2016 in Malmö, Sweden. More information on the program and registration procedure can be found here.
Filed under Events
The Leuven Centre for Global Governance Studies shall host a panel debate entitled, China and International Adjudication, on Tuesday 12 April 2016, from 9:00-11:00 at the College De Valk, Leuven. This shall include a discussion on the South China Sea dispute, and China’s ‘non-participatory involvement’.
For more information, and registration, see here.
Filed under Events
The Center for Enterprise Liability (CEVIA), Faculty of Law, University of Copenhagen and the Frank Guarini Center, School of Law, New York University welcome proposals for papers/presentations at the International Conference on Maritime Actors and Climate Change, which will take place in Copenhagen, Denmark, on the 20th and 21st of June 2016. The conference is open to scholars from law and other social sciences with a research interest in maritime transport and climate change. The conference will include papers presented by invited participants (confirmed speakers include Prof. Richard Stewart, Prof. Daniel Bodansky, Prof. Yoshifumi Tanaka, Prof. Harro van Asselt and Prof. Katrina Wyman), as well as papers selected in the course of this call for papers. More information can be found here.
Filed under Calls
The International Court of Justice delivered its Judgment on the preliminary objections raised by Colombia in the case concerning Question of the Delimitation of the Continental Shelf between Nicaragua and Colombia beyond 200 nautical miles from the Nicaraguan Coast (Nicaragua v. Colombia). The Court found that it has jurisdiction, on the basis of Article XXXI of the Pact of Bogotá, to entertain the First Request put forward by Nicaragua in its Application, in which it requests the Court to determine the precise course of the maritime boundary between Nicaragua and Colombia in the areas of the continental shelf which appertain to each of them beyond the boundaries determined by the Court in its Judgment of 19 November 2012, and that that Request is admissible. The award of the court can be found here.
Filed under Jurisprudence
The Hague Institute for Global Justice, in collaboration with the Ministry of Foreign Affairs of the Netherlands, and the Observer Research Foundation (New Delhi), and with support from Leiden University College The Hague, will host a public expert panel discussion entitled, ‘From “Mare Liberum” to “Mare Justum”?’. The event will be held on 31 March 2016, 16:00 – 17:30, at The Hague Institute for Global Justice, Den Haag (The Netherlands).
For more information, and it register, see here.
Filed under Events
During the month of February, Barbados (2 February 2016) and South Africa (16 February 2016) acceded to the FAO Port State Measures Agreement (PSMA). The PSMA will enter into force 30 days after the 25th ratification, acceptance, approval or accession.
The current status of the PSMA can be found here.
Filed under State Practice, Treaties
On the 2 March 2016 the UN Security Council adopted Resolution 2270, Non-proliferation/Democratic People’s Republic of Korea. This contains a number of port state and flag state obligations, of particular note see paragraphs 18, 22, and, 19, 20, 29-31, respectively. Media reports suggest China has already barred a North Korean vessel’s entry to the port of Rizhao.
The UNSC Resolution can be found here.
Filed under International Organizations
The Association Internationale du Droit de la Mer (AssIDMer) has created the “Prix Daniel Vignes” to reward the authors of the best articles devoted to a specific topic of international law of the sea. The regulation setting the conditions for the attribution of such prize can be found here. More information about the deadline and the amount of the monetary prize for this edition can be found here.
Filed under Calls
The final conference of Marsafenet, Maritime Safety and Security: Future Perspectives, will be held from the 10 – 11 March 2016 at the National Research Council of Italy, Rome.
For more information and registration, please see the flyer.
Filed under Events
The Centre of Excellence Jean Monnet on Migrants’ Rights in the Mediterranean is organizing a summer school on “Open Sea on Migrations, Sea Border Control and Human Rights”. The event aims to combine scientific and practical knowledge on crucial topics of international law of the sea, migration and human rights law. This even is set to happen on 6 – 13 June 2016 in Italy at the University of Naples “L’Orientale” and at the “Vesuvian Institute” campus in Castellammare di Stabia (Naples, Italy). The application form can be found here
Filed under Courses
The tenth session of the IFLOS Summer Academy at the International Tribunal for the Law of the Sea will be held in July 24-August 19, 2016. The deadline to submit applications is April 30, 2016. The IFLOS Summer Academy general information booklet is available here.
Filed under Courses
The 77th Biennial Conference of the International Law Association, International Law and State Practice, Is there a North-South Divide?, will be hosted by the South African Branch of the International Law Association between 7-11 August 2016 at the Sandton Convention Centre, Johannesburg, South Africa. The provisional programme includes a number of talks of interest to the law of the sea.
For further information please see here.
Filed under Events
On the 14th January 2016 the Republic of Korea became the 19th party to the FAO Port State Measures Agreement (PSMA). The PSMA will enter into force 30 days after the 25th ratification, acceptance, approval or accession.
The current status of the PSMA can be found here.
Filed under State Practice, Treaties
On 26 February 2016, the T.M.C. Asser Instituut will organise a Symposium on International Law and Japanese Approaches. The panel sessions will be devoted to two topics: the disputes in the maritime areas of East Asia; and the changing role of the Japan Self-Defense Forces in international peace operations. The Symposium will start with a keynote speech of H.E. Judge Hisashi Owada of the International Court of Justice. More information is available here.
Filed under Events
The twenty-first session of the Rhodes Academy of Oceans Law and Policy will be held 3 -22 July, 2016. The deadline to submit applications is 1 April 2016. The contribution of the Rhodes Academy to capacity building in the law of the sea was recently recognized by the UN General Assembly in Res. A/70/L.22, para. 20.
For more information, fees and application documents please see here.
Furthermore see the Rhodes Academy Submarine Cables Writing Award sponsored by The International Cable Protection Committee, which also has a deadline of the 1 April 2016.
Filed under Courses
Utrecht University in collaboration with the Exterritory art project has announced an interdisciplinary 2 day conference entitled, Representations of the (Extra)Territorial: Theoretical and Visual Perspectives, to be held from 22-23 April 2016 at Utrecht University. The conference will consist of four panels, addressing respectively virtual reality, the environment, human rights, and general conceptual shifts in understandings of territoriality. Of particular interest to oceans governance see panel II.
For more information on the conference see the programme here. For more information on the Exterritory art project, see here.
Filed under Events
The Jean Monnet Centre of Excellence on Migrants’ Rights in the Mediterranean has launched the summer school Migration, Sea Border Control and Human Rights. It shall be held at the University of Naples “L’Orientale” and at the “Vesuvian Institute” campus in Castellammare di Stabia (Naples, Italy), from 6 – 13 June 2016.
For more information please see the programme and application form.
Filed under Courses
Filed under Jurisprudence
The K. G. Jebsen Centre for the Law of the Sea of the Arctic University of Norway in Tromsø just announced a symposium entitled ‘Innovating for Change in Global Fisheries Governance’. The symposium aims to address the following question: How can international law be used as an innovative mechanism for change in global fisheries governance? Early career scholars are in particular encouraged to participate. The deadline for abstracts submissions of abstracts is 30 April 2016. Further information is available here.
Filed under Calls
On the 1st December 2015 Palau ratified the FAO Port State Measures Agreement (PSMA) to become the 15th party following the accession of Somalia on the 9th November 2015.
For further coverage see here and here.The current status of the PSMA can be found here.
Filed under State Practice
The second Our Ocean conference was held in Valparaiso, Chile from 5-6 October. Participants announced over 80 new initiatives, covering the protection of ocean areas, promoting sustainable fisheries, reducing marine pollution, preventing and monitoring ocean acidification, building capacity, supporting coastal communities, and mapping and understanding our ocean.
For more information see the conference website, and the commitments 2015.
Filed under Events, State Practice
The 12th European Society of International Law Conference, How International Law Works in Times of Crisis, will be held in Riga, 8 – 10 September 2016. Whilst a host of interesting forums and agora will be held, those with a particular interest in the law of the sea should consult the agora, Law of the Sea: As ever, between Selden and Grotius.
For more information and, see the website, draft programme and call for papers.
After several rounds of negotiations in the past two years, Taiwan and the Philippines concluded the Agreement Concerning the Facilitation of Cooperation on Law Enforcement in Fisheries Matters on November 5, 2015. The agreement contains seven articles and includes three important points of consensus that have already been implemented—avoiding the use of violence or unnecessary force, establishment of an emergency notification system, and establishment of a prompt release mechanism. More information can be found on the website of the Ministry of Foreign Affairs of the Republic of China (Taiwan): here and here.
Filed under State Practice, Treaties
Months after the ITLOS Order on the “Enrica Lexie” Incident has been delivered (see post), the Permanent Court of Arbitration just announced that the constitution of the Arbitral Tribunal in an arbitration between the Italian Republic and the Republic of India under Annex VII to the UNCLOS has been completed. Information on the appointed arbitrators can be found in this press release.
Filed under Jurisprudence
The International Law Institute and Georgetown University Law Center are hosting a conference on natural resources and the law of the sea. This event is expected to cover issues such as principles of allocation of resources in areas under national jurisdiction, the exploration and exploitation of resources in areas under national jurisdiction, and natural resources and biodiversity beyond national jurisdiction. The event is to happen on December 7, 2015, in Washington, USA. More information can be found here.
Filed under Events
The Law and Practice of International Courts and Tribunals (Brill/Nijhoff) will host a seminar entitled ‘Developing International Law at the Bar – A Growing Competition Among International Courts and Tribunals‘ on the 5th November 2015, from 3:00-5:30pm at The House of the New York City Bar Association, New York (USA). The thematic approaches discussed will include the law of the sea. Attendance is free, register online.
For more information, see here.
Filed under Events
The European Commission is organizing its fifth conference on Marine Spatial Planning. This session will be on the marine environment and it will occur on December 7 in Brussels. Registration can be made here and the program can be found here.
Filed under Events
The Permanent Court of Arbitration has rendered an Award on Jurisdiction and Admissibility in case number 2013-19; The Republic of Philippines v. The People’s Republic of China. In short, by unanimous decision the Tribunal has decided the Tribunal has jurisdiction to consider the Philippines’ Submissions No. 3, 4, 6, 7, 10, 11, and 13 (subject to conditions discussed in in paragraphs 400, 401, 403, 404, 407, 408, 410); reserved consideration of its jurisdiction to rule on Submissions No. 1, 2, 5, 8, 9, 12, and 14 to the merits phase; and directed the Philippines to clarify the content and narrow the scope of its Submission 15 (reserving consideration of its jurisdiction to the merits phase).
For further information, please see the Award here, and the Press Release here.
Filed under Jurisprudence
The western Pacific archipelago of Palau has approved the creation of a marine sanctuary. The sanctuary becomes the world’s sixth-largest fully protected area. This means that 80% of the nation’s maritime territory is now designated as a reserve. The bill to create it was passed unanimously, 16-0 in the house of delegates, and the senate voted to adopt it. The declaration of the President of Palau can be found here, together with the Act.
The area of the sanctuary as depicted by Pew Charitable Trusts.
Filed under State Practice
On the 6th October 2015, Japan submitted a revised Declarations Recognizing as Compulsory the Jurisdiction of the International Court of Justice Under Article 36, Paragraph 2, of the Statute of the Court. Note the acceptance of compulsory jurisdiction does not apply to:
“(3) any dispute arising out of, concerning, or relating to research on, or conservation, management or exploitation of, living resources of the sea”
For further information, see here.
Filed under State Practice
Updated guidelines for the application of the de minimis (exempt) concept for radioactive substances which may be considered for dumping at sea have been adopted. The 2015 Guidelines for the application of the de minimis concept include recognition of effects of radiation on marine fauna and flora. They were adopted by the 37th Consultative Meeting of Contracting Parties (London Convention 1972) and 10th Meeting of Contracting Parties (London Protocol 1996), which were meeting for their regular joint meeting at IMO in London. More information can be found here.
Filed under International Organizations
The secretariat of the Tokyo Memorandum of Understanding on Port State Control has announced that, following an acceptation procedure, the Republic of Panama and the Republic of Peru have been accepted as full members of the organization. More information on this can be found here.
Filed under International Organizations
The United Nations Security Council adopted on 9 October a resolution authorizing states to exercise exceptional powers with respect to ships suspected of being engaged in human trafficking and migrant smuggling on the high seas off the costs of Libya. The resolution can be found here.
Filed under International Organizations
The Centre for International Law (CIL) at the National University of Singapore (NUS) and the K.G. Jebsen Centre for the Law of the Sea (JCLOS) at the University of Tromsø are hosting in Singapore a Conference on the Governance of Arctic Shipping. The objective of the Conference is to examine major legal issues relating to shipping in the Arctic and the role of Arctic States, user States and international organisations in Arctic shipping governance. The event occurs from 9 to 11 December and more information is available here.
Filed under Events
De Maribus 