This introductory note examines the development at the International Tribunal for the Law of the Sea for the year 2020. While there was no judgment in 2020, proceedings of two cases, the M/T “San Padre Pio” (No. 2) Case (Switzerland/Nigeria) and the Dispute Concerning Delimitation of the Maritime Boundary between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives), continue. Accordingly, this note discusses the issues of the two pending cases. Furthermore, there were some important events regarding the Tribunal in 2020. Among other things, this note focuses on an adoption of a Model Agreement between ITLOS and Singapore, the election of the seven members of the Tribunal, and amendments of the Rules of the Tribunal.
This new edition has been revised and updated to provide current and comprehensive coverage of essential issues of the international law of the sea in a systematic manner. This book presents two paradigms of the law of the sea: the law of divided oceans and the law of our common ocean. It covers contemporary issues, such as protection of the marine biological diversity, marine plastic pollution, the Arctic, and impacts of climate change on the oceans. Following the clear and accessible approach of previous editions, with many illustrations and tables, The International Law of the Sea continues to help students to best understand the law of the sea.
Purpose— The article presents a commentary on the case Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia), aiming to deliver a comprehensive summary of the case and general commentary on the most relevant claims and the procedural history. Design, Methodology, Approach— The article comments on the case following a procedural structure, explaining the principal factual and jurisdictional issues, the application presented by Nicaragua, the preliminary exceptions, and the counterclaims presented by Colombia during the jurisdictional phase of the case leading to the judgment on jurisdiction in 2016, and the decision on the merits rendered by the Court in 2022. Findings— The commentary highlights the difficulties raised before the ICJ when entertaining the admissibility of counterclaims, and studies the factual pattern that led to Nicaragua’s application as a manifestation of a conduct of resistance to international courts and tribunals. Practical Implications— The article may provide readers with in-depth knowledge of recent litigation that is relevant to the law of the sea but also the authority of the ICJ and the effectiveness of its judgments. Originality, Value— The article is one of the few case commentaries on the procedural history and legal claims before the ICJ in this very recent case that was decided by the Court in 2022.
The interpretation of “disputes concerning military activities” under Article 298(1)(b) of the United Nations Convention on the Law of the Sea (UNCLOS) rests on a sensitive balance between the protection of strategic interests of States and the need for peaceful settlement of international disputes. There, an essential issue arises how an adjudicative body acting under Part XV UNCLOS should assess the nature of conducts of State for the purposes of Article 298(1)(b). This issue was vividly raised in the dispute between Ukraine and the Russian Federation with regard to the detention of Ukrainian naval vessels and servicemen. In this regard, both the International Tribunal for the Law of the Sea (ITLOS) and the arbitral tribunal set out in accordance with Annex VII UNCLOS wrestled with this issue. This article examines the manner of the interpretation of the concept of the military activities for the purposes of Article 298(1)(b) by comparing the approaches taken by ITLOS and the Annex VII arbitral tribunal.
The implementation of unmanned vessels will evidently come with its own legal challenges. One of the most crucial of these is the identification of the role and status of the shore-based controller (SBC) for the purposes of determining liability. Different liability regimes apply different legal principles in this regard. This article will explore these issues from the perspective of English law and Scandinavian law.
1. Introduction. 2. Industry self-regulation in maritime law. 2.1. Why is industry self-regulation necessary? 2.2. Relevant self-regulatory instru- ments. 3. Industry self-regulation and armed protection. 3.1. Quality assurance of private Maritime Security Companies. 3.2. Use of force. 3.3. Reporting. 4. Remarks and conclusion
Spatial tools to calculate cumulative impact assessments on the environment (CIA) are important contributors to the implementation of an ecosystem-based approach to maritime spatial planning (MSP). Ecosystem dynamics are increasingly important to understand as the activities and pressures in marine areas increase. Results from the application of a new training set for the CIA tool MYTILUS, developed in capacity-building MSP projects for active learning environments, illustrate important points on how the CIA method can be used in systematic scenario design. The feedback from its use in an online PhD course outlines how the training set successfully enables researchers from different disciplines and different parts of the world to meet the CIA approach with such interest and understanding that it enables them to highlight the strengths as well as the shortcomings of the tool interface, tool capabilities, and CIA method, even when none of these researchers are CIA experts. These promising results are presented in this paper and advocate for the increasing use of MYTILUS and similar CIA tools in MSP stakeholder sessions where no preliminary CIA expertise can be expected. The key strengths and challenges of training CIA with MYTILUS are discussed to point out focus points for how to make its approaches increasingly fit for participatory and decision-making processes in MSP to utilize its promising abilities for supporting ecosystem-based management.
Highly reliable situation awareness is a main driver to enhance safety via autonomous technology in the marine industry. Groundings, ship collisions and collisions with bridges illustrate the need for enhanced safety. Authority for a computer to suggest actions or to take command, would be able to avoid some accidents where human misjudgement was a core reason. Autonomous situation awareness need be conducted with extreme confidence to let a computer algorithm take command. The anticipation of how a situation can develop is by far the most difficult step in situation awareness, and anticipation is the subject of this article. The IMO International Regulations for Preventing Collisions
at Sea (COLREGS), describe the regulatory behaviours of marine vessels relative to each other, and correct interpretation of situations is instrumental to safe navigation. Based on a breakdown of COLREGS rules, this article presents a framework to represent manoeuvring behaviours that are expected when all vessels obey the rules. The article shows how nested finite automata can segregate situation assessment from decision making and provide a testable and repeatable algorithm. The suggested method makes it possible to anticipate own ship and other vessels’ manoeuvring in a multi-vessel scenario. The framework is validated using scenarios from a full-mission simulator.