Author: map000

Categories
Biodiversity beyond national jurisdiction (BBNJ)

Dispute Settlement in the New Treaty on Marine Biodiversity in Areas beyond National Jurisdiction

Dispute Settlement in the New Treaty on Marine Biodiversity in Areas beyond National Jurisdiction

By: Joanna Mossop*

PDF Version:J Mossop Dispute Settlement in the BBNJ Treaty NCLOS

Matter commented on: Dispute settlement provisions in BBNJ

Introduction

In December 2017, the United Nations General Assembly authorised the commencement of negotiations for a new treaty on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ Treaty). The new treaty is to be the third implementing agreement under the United Nations Convention on the Law of the Sea (UNCLOS). At the time of writing, three sessions of the intergovernmental conference have been held and two draft texts issued by the President of the Conference, Ambassador Rena Lee (see here and here). The purpose of this comment is to reflect on the future of the dispute settlement provisions in the new Agreement. I will focus on the provisions that appeared in the first draft text and were unchanged in the second draft text. These provisions essentially provided for the application of Part XV of UNCLOS mutatis mutandis (with the necessary changes) to disputes about the interpretation and application of the BBNJ Treaty.

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Categories
Marine pollution

Provisional Application of an Amendment to the London Protocol to Facilitate Collaborative CCS Projects

By: Nigel Bankes

PDF version: Blog_NBankes_Article6 (GZ DW edit)(NB)

Document Commented On: Resolution LP.5(14) on the Provisional Application of the 2009 Amendment to Article 6 of the London Protocol, adopted 11 October 2019, by the 14th Meeting of the Contracting Parties to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matters. [Note: Documents relating to the London Convention and Protocol including this document may be accessed on the website of the International Maritime Organization (IMO) here but users have to create an account to obtain access. Follow “Meeting Documents” and then LC Documents (Session 41). For convenience, the text of the Resolution is included at the foot of this post].

This post examines the recent decision of the Contracting Parties to the 1996 Protocol (the London Protocol or LP) to the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matters (London Dumping Convention or LC) to agree to the provisional application of an amendment to Article 6 of the LP. That amendment (originally adopted in 2009) when it enters into force will allow the export of CO2 for geological sequestration. The amendment is a crucial piece of the puzzle to permit collaborative projects for the subsea disposal of captured carbon dioxide emissions from industrial facilities located elsewhere than the coastal State responsible for the disposal site. This initiative, which will permit provisional application of that amendment, will help facilitate projects such as the Equinor-led Northern Lights Project on the Norwegian continental shelf. That project is currently drilling a test well: see here and here.

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Categories
Delimitation

Palestine Takes to the Sea: a Commentary on Palestine’s Declaration concerning its Maritime Claims

By: Nicholas A. Ioannides

Pdf version: NCLOS Blog 20.11.2019 Ioannides Palestine maritime claims

Matter commented on: Declaration of the State of Palestine regarding its Maritime Boundaries in accordance with the United Nations Convention on the Law of the Sea, September 24, 2019

Introduction On 24 September 2019, the State of Palestine transmitted to the United Nations a Declaration whereby it promulgates its maritime assertions under the 1982 UN Convention on the Law of the Sea (‘LOSC’) including tables of coordinates and a map depicting its claimed maritime area. It is worth recalling that following its accession to the LOSC the State of Palestine sent a similar declaration to the UN in 2015, albeit without coordinates and map. Notably, a short while ago an article outlined Palestine’s strategy aiming at both promoting and safeguarding the latter’s rights over the sea waters adjacent to Gaza. This post comments on the latest Declaration by the State of Palestine and highlights certain noteworthy aspects of it.

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Blog

Welcome to you all, new NCLOS Blog’s Readers!

The Norwegian Centre of the Law of the Sea research activity has started and this blog aims to become a new breeding ground of ideas for the passionate of the law of the sea, ocean governance and all related topics.

I am inspired, humbled and honoured to take up the baton from Nigel Bankes and be the blog editor of this new season. In this blog, we want to share ideas, news and best practices about laws and oceans, and develop stronger connections with the ocean-based research community.

You will be exposed to our views ocean law and governance-related topics. You are more than welcome to respond, add comments and suggestions, disagree and express dissenting opinions. I ask to keep the comments relevant to the conversations taking place here so that we can always be kind and respectful to all those involved and add value and depth to the dialogue in a constructive manner.

Young scholars (in age and spirit), PhD students and LLM students that are willing to publish their Master thesis’ findings, are especially encouraged to contact us: this blog is meant to be a platform to develop your creative research and writing skills as young explorers! I encourage you to visit the NCLOS website and learn about us, about our current and future research areas, about who we are and our core values.

It will be my task to receive your contributions (short opinion pieces as well as more in-depth analyses that draw attention to your field of expertise), news, interesting events, book reviews and reading suggestions. Please feel free to contact me for more information and consider subscribing and engaging in discussion around the notion of ocean governance, which I believe is central for a better common future in research.

Thank you for reading and visiting, and helping us build a vibrant research community focused on observations, research and exchange of views around our wonderful oceans.

 

With gratitude,

Margherita Paola Poto,

Forsker, NCLOS UiT, Tromsø

Email contact: margherita.p.poto@uit.no