Categories
Fisheries Svalbard Treaty

Norwegian by-catch regulations alleged to violate the Svalbard Treaty

By: Tore Henriksen

PDF Version: Norwegian by-catch regulations alleged to violate the Svalbard Treaty

Matter commented on: The Kiel case

On March 11 and 12, 2014 the Supreme Court of Norway heard a case that may have consequences for the management of the natural resources of the Norwegian High North. The case concerns the legality of imposing fines and confiscations on the master and owner (defendants) of a German flagged vessel for violating by-catch regulations for haddock within the 200 nautical miles Fisheries Protection Zone established off Svalbard. The defendants seek an acquittal on the basis that the regulation violates the Svalbard treaty. Within a couple of weeks we will know the answer.

Categories
European Union Fisheries

The Faroe Islands’ Response to EU Trade Restrictions on Atlanto-Scandian Herring

By: Nele Matz-Lück

PDF Version: The Faroe Islands’ Response to EU Trade Restrictions on Atlanto-Scandian Herring

Proceedings commented upon: European Union – Measures on
Atlanto-Scandian Herring

The Faroe Islands have initiated international proceedings in the World Trade Organization (WTO) against the European Union (EU) in response to trade restrictions on herring and mackerel and derivative products caught under Faroese authority and control. With Denmark acting on behalf of the Faroe Islands this is the first time that an EU member State has brought a case to WTO dispute settlement as a complainant. It is one of the particularities of the dispute that Denmark, as an EU member, has initiated this case against the EU on behalf of a self-governing entity, the Faroes, which is part of the Kingdom of Denmark but not a member of the EU.

Categories
International Tribunal for the Law of the Sea (ITLOS)

The Arctic Sunrise Incident and the International Law of the Sea

By: Alex Oude Elferink

PDF Version: The Arctic Sunrise Incident and the International Law of the Sea

Decision commented on: The “Arctic Sunrise” Case (Kingdom of the Netherlands v Russian Federation, Request for the prescription of provisional measures, Order of 22 November 2013.

The Arctic in recent years has been the scene of increased efforts to exploit offshore oil and gas resources. All Arctic coastal states – Canada, Denmark/Greenland, Norway, the Russian Federation and the United States have been granting oil companies licenses to operate in their Arctic waters. The risk oil spill incidents pose to the fragile Arctic ecosystem has led to strong opposition to these activities from environmentalists. For instance, both the World Wildlife Fund (WWF) and Greenpeace International have called for a moratorium on offshore activities. Greenpeace International in this connection has been targeting the activities of oil companies in Arctic waters. On 18 September 2013, during one of these actions involving the vessel Arctic Sunrise Greenpeace activists tried to access the Prirazlomnaya oil rig, which was operating within the Russian Federation‟s exclusive economic zone in the Pechora Sea between the Russian mainland and Novaya Zemlya. The following day the Russian authorities boarded and arrested the Arctic Sunrise vessel and detained its crew. The vessel and crew were subsequently transferred to the Russian port of Murmansk and the crew was charged with various offenses.