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International Tribunal For The Law Of The Sea News

15 Jul 2022

IMLI Director Attard Wins International Maritime Prize

Professor David Joseph Attard - Credit: IMO

The outgoing Director of the IMO International Maritime Law Institute (IMLI), Professor David Joseph Attard, has been selected by the IMO Council to be the recipient of the International Maritime Prize for 2021. Professor Attard was nominated for the award by the Republic of Malta. In the nomination, the impact that Professor Attard has had on the maritime world, particularly via his three-decade-long role at IMLI was highlighted. The Maltese national was responsible for proposing, in 1987, together with the late Dr.

19 Dec 2015

Panama Sues Italy for Vessel Arrest, Detention

Panama today filed an application with the International Tribunal for the Law of the Sea in a dispute with Italy regarding the arrest and detention of the MV Norstar, a Panamanian-flagged vessel. According to the application, from 1994 until 1998 the MV Norstar was involved in supplying gasoil to mega yachts in international waters beyond the territorial seas of Italy, France and Spain. The application further states that the MV Norstar was arrested in the bay of Palma de Mallorca on 24 September 1998 by Spanish officials, at the request of Italy, allegedly for having supplied oil to mega yachts in contravention of Italian legislation. In its application, Panama claims compensation from Italy for damage caused by the illegal arrest of the MV Norstar in 1998.

03 Sep 2015

Singapore Becomes Sea-Dispute Settlement Centre

The government of Singapore has become a venue in Asia to settle maritime disputes for proceedings before the International Tribunal for the Law of the Sea (ITLOS). A joint declaration was signed  between ITLOS president Vladimir Golitsyn and permanent secretary to the ministry of law Ng How Yue to allow the Republic to become a venue to settle disputes relating to the law of the sea. Under the commitments of the joint declaration, Singapore will provide appropriate facilities to the tribunal for a special chamber of the tribunal or the tribunal to sit or exercise its functions in the city-state. In a statement, Law and Foreign Affairs Minister K.

24 Aug 2015

Maritime Tribunal Rejects Plea to Free Italy's Marines

An international maritime tribunal on Monday rejected Italy's request that India provisionally release two marines accused of killing two Indian fishermen, a setback for the Italian government after a three-year legal battle. However the International Tribunal for the Law of the Sea in Hamburg also ordered India to suspend legal action against the two Italian marines, saying an international arbitration hearing to be held in The Hague must rule on the dispute. Rome objects to holding a trial in India, arguing that the case should be taken to arbitration under the United Nations Convention on the Law of the Sea and that the incident happened in international waters where national laws do not apply. The Indian government wants Indian courts to try the case.

11 May 2015

Ghana, Ivory Coast Leaders to Discuss Maritime Dispute

The presidents of Ghana and Ivory Coast agreed on Monday to negotiate an amicable end to issues around their maritime dispute, former U.N. Secretary General Kofi Annan, who will chair the negotiations, said on Monday. "We have a deal," Annan told Reuters. A source close to the talks later made clear Annan was referring to the fact that he had been able to get the two presidents - Ivory Coast's Alassane Ouattara and Ghana's John Dramani Mahama - to talk. "This is just a start of the process. They are asking Mr. Annan to help them find an amicable solution," the source said. The two presidents will not be discussing the delimitation of the border, the source said, since that is under the jurisdiction of the International Tribunal for the Law of the Sea in Hamburg.

11 May 2015

Ghana, Ivory Coast Presidents Resolve Maritime Dispute

The presidents of Ivory Coast and Ghana reached a deal on Monday in talks on a maritime border dispute that had frozen new oil drilling in a contested area, mediator Kofi Annan told Reuters. "We have a deal," the former U.N. secretary general told Reuters, as he wrapped up the talks in Geneva. He did not elaborate and officials did not immediately disclose the terms of the agreement. It appeared to have been reached quickly. Ivory Coast's presidency said President Alassane Ouattara had left Abidjan on Sunday for the discussions with his Ghanaian counterpart John Dramani Mahama. An international tribunal ruled last month that Ghana could continue developing a $4.9 billion offshore oil project in the area but imposed a ban on new drilling.

11 May 2015

Ghana, Ivory Coast Negotiate Maritime Dispute

The presidents of Ivory Coast and Ghana held talks in Geneva on Monday on a maritime border dispute that has frozen new oil drilling in a contested area, a spokesman for mediator Kofi Annan said. An international tribunal ruled last month that Ghana could continue developing a $4.9 billion offshore oil project in the area but imposed a ban on new drilling. The decision by the Hamburg-based International Tribunal for the Law of the Sea was regarded as positive for Ghana and British oil firm Tullow, which leads a consortium developing the TEN field, where it has already drilled the wells it needs to start production. Ivory Coast's presidency said President Alassane Ouattara left Abidjan on Sunday for the talks with his Ghanaian counterpart John Dramani Mahama, mediated by former U.N.

04 Mar 2015

Ghana-Ivory Coast Maritime Dispute Mar Tullow

A dispute over maritime boundaries between Ghana and Ivory Coast is damaging Tullow Oil, which risks postponement of its TEN project in the waters off Ghana's coastline. The government of Côte d’Ivoire has applied for provisional measures, asking the International Tribunal of the Law of the Sea (ITLOS) to stop Tullow oil and other oil companies from exploring and exploiting oil in the disputed area between Ghana and that country. The company faces a period of uncertainty pending the court's decision, which will not be reached before the end of April. Ghana's Minority Spokesman on Energy, K.T. Hammond, said he is confident that "ultimately the Ivorian case will be fruitless"…

22 Jan 2015

Maritime Dispute an Issue for Entire ASEAN, Says US

The South China Sea took center stage at the Bilateral Strategic Dialogue between the United States and the Philippines held in Manila, as China continues to engage in "massive" construction activities in the disputed area. Both the countries jointly expressed their concern over recent Chinese activities in the South China Sea which they claimed were inconsistent with the 2002 ASEAN-China Declaration on the Conduct of Parties in the South China Sea (DOC) and international law. After calling China’s activities in the South China Sea “wholesale reclamation,” the US government said that Beijing’s behavior is a concern not just for the Philippines and the United States but all of Southeast Asia.

08 Jul 2014

U.N. Rules for Bangladesh in Dispute with India

A U.N. tribunal has awarded Bangladesh nearly four-fifths of an area sprawling over 25,000 sq km (9,700 sq miles) in the Bay of Bengal, ending a dispute over a sea border with India that has ruffled ties between the neighbours for more than three decades. The verdict, binding on both countries, opens the way for Bangladesh to explore for oil and gas in the Bay of Bengal, the site of important energy reserves. "It is the victory of friendship and a win-win situation for the peoples of Bangladesh and India," Foreign Minister Abul Hassan Mahmood Ali told a news conference on Tuesday to announce the ruling of the Hague-based Permanent Court of Arbitration (PCA) on the sea boundary. The dispute had hampered the economic development of both countries for more than 30 years, he added.

06 Jun 2014

China's Nine Dash Line and the Law of the Sea: Kemp

Territorial disputes over tiny islands and reefs in the South China Sea are poisoning relations between China and its neighbours in Southeast Asia. "In recent months, China has undertaken destabilising, unilateral actions asserting its claims in the South China Sea," U.S. Defense Secretary Chuck Hagel told an audience in Singapore last month. "(China) has restricted access to Scarborough Reef, put pressure on the long-standing Philippine presence at the Second Thomas Shoal, begun land reclamation activities at multiple locations, and moved an oil rig into disputed waters near the Paracel Islands," Hagel complained at the Shangri-La Dialogue.

14 Jan 2014

Russian Trawler's Arrest: A Law of the Sea Test Case?

Earlier photo of 'Oleg Naidenov' protest courtesy of Greenpeace

The Russian trawler Oleg Naydenov was recently arrested and escorted in to the Port of Dakar by Senegal navy vessels. If found guilty it faces a doubling of the usual fine, and the arrest has also sparked an appeal by African coastal nations for an opinion from the International Tribunal for the Law of the Sea. A French military plane flying over Senegal's Exclusive Economic Zone detected some of the same vessels that had been stripped of their licences continuing to fish in these waters.

05 Dec 2013

Greenpeace Arctic 30 Activists Wait for Permission to Exit Russia

The 'Arctic 30': Photo credit Greenpeace

Lawyers for the Arctic 30 have started to lodge applications with Russia's Investigative Committee seeking exit visas for the non-Russian nationals. If the applications are approved, the foreign nationals would be allowed to leave Russia to await ongoing investigations into their Greenpeace International Arctic oil drilling protest. All of the foreign nationals, 26 people from 17 nations, have had their passports returned to them after their release on bail from detention last month.

03 Dec 2013

Greenpeace Russia Vessel Detention: Dutch Government Bond Ready

Outside Russian detention building: Photo credit Greenpeace

The Dutch Foreign Ministry has finalised a bank guarantee of 3.6 million euros in compliance with a binding ruling by the International Tribunal for the Law of the Sea (ITLOS) ordering Russia to release the Greenpeace ship Arctic Sunrise and the Arctic 30 protesters. "The Netherlands has now fulfilled its part of the Tribunal's binding order and Russia is obligated to also comply by releasing the ship and the Arctic 30, as the Tribunal so ordered. The Tribunal has ordered both Russia and the Netherlands to report back on progress with their compliance by December 2.

25 Nov 2013

Law of the Sea Tribunal Orders (Bonded) Release of 'Arctic Sunrise'

Arctic Sunrise: Photo credit Greenpeace

The International Tribunal for the Law of the Sea has ordered the Russian Federation in a binding ruling to release the Greenpeace ship 'Arctic Sunrise' and the 28 activists and two freelance journalists on board upon payment of a EUR 3.6 million bond. According to Greenpeace International Russia is now under an obligation to comply with the order: the Russian Constitution itself states that international law forms an integral part of the Russian legal system and Russian courts are under an obligation to implement the order.

22 Nov 2013

Russian Court Rejects Plea to Release Greenpeace Ship

MV Arctic Sunrise: Image credit Greenpeace

The Murmansk Regional Court has rejected an appeal against the arrest of the ship 'Arctic Sunrise' by Russian authorities reports Greenpeace. "This is an extremely disappointing ruling. We believe this verdict is in violation of both the Russian Criminal Procedure Code and international law. Cassation procedures are now available under Russian law," said Gerrit-Jan Bolderman, Director of Stichting Phoenix, the ship’s owner. Besides the possibility of a further appeal at a cassation court by Stichting Phoenix…

20 Nov 2013

Greenpeace Posts Bail for Nine of the Arctic 30

Greenpeace International said it has already posted bail for nine of the Arctic 30, but does not expect them to be released before the weekend. Lawyers say they are making bail payments - set at 2 million rubles (€45,000) for each detainee - as quickly as they can. At court hearings this morning Faiza Oulahsen from the Netherlands and British citizen Alexandra Harris became the 13th and 14th Arctic 30 prisoners to be granted bail. Lawyers for Greenpeace today said there are a number of bureaucratic issues to resolve before any of the Arctic 30 are released from jail and they do not expect any of them to be out of prison until the weekend, possibly later. It is still not clear whether their movements will then be restricted.

05 Nov 2013

Greenpeace Arctic Detention & Upcoming ITLOS Hearing

Credit: Cobb/Greenpeace

ITLOS is an independent judicial body located in Hamburg, Germany, established to resolve disputes about the interpretation and application of the United Nations Convention on the Law of the Sea (UNCLOS). The Dutch authorities initiated an arbitration case against Russia on October 4, and on October 21 called for ITLOS to indicate ‘provisional measures’ pending the outcome of that arbitration. In a “provisional measures” case like this one, ITLOS can order measures it thinks appropriate to preserve the respective rights of the Netherlands and the Russian Federation…

01 Nov 2013

Russia Fails to Lift Arctic 30 Piracy Charges

Prosecuting authorities in Russia were under fire today after it was revealed that they have failed to lift charges of piracy against the Arctic 30, despite pledging to do so. Russia’s powerful Investigative Committee announced last week that the piracy charges – which carry a 15-year jail sentence – would be replaced with charges of hooliganism. But when the thirty detainees were brought before the Committee over the course of this week, the piracy charge was not withdrawn. Instead each of them was simply served with the additional charge of hooliganism. They now stand accused of both offences, which carry a maximum sentence of 15 and 7 years, respectively.

24 Oct 2013

Latest on Greenpeace Arctic Protest Aftermath

Russia boycotts ITLOS arbitration concerning their siezure of the Dutch-flagged 'Arctic Sunrise', and Greenpeace responds to reports that piracy charges against the 30 held in custody were to be replaced by that of 'hooliganism'. The Russian Foreign Ministry has announced that it will not accept an international arbitration process at which the Netherlands is seeking the release of the Greenpeace International ship Arctic Sunrise and its crew. It also said it plans not to attend the hearing at the International Tribunal for the Law of the Sea (ITLOS). According to Greenpeace, the Ministry did, however, say that at the same time Russia remains open to settling the situation. “The Arctic 30 are no more hooligans than they were pirates.

21 Oct 2013

Netherlands Pushes for Release of Arctic Greenpeace Protestors

The Dutch government has lodged a rare application at the International Tribunal for the Law of the Sea (ITLOS), asking it to order the immediate release of the Greenpeace ship Arctic Sunrise and all those who were aboard for the peaceful protest against Gazprom’s Arctic oil platform, the Prirazlomnaya. If ITLOS rules in favor of the Netherlands, the 28 Greenpeace International activists, freelance photographer Denis Sinyakov and freelance videographer Kieron Bryan could go home while they await confirmation of a Russian court date. The Dutch authorities initiated an arbitration case against Russia on October 4, and are calling for ITLOS to indicate ‘provisional measures’ pending the outcome of that arbitration.

08 Oct 2013

Greenpeace Arctic Protest: Opposing Views

Moscow repeatedly called on the Netherlands in the past 18 months to stop the unlawful actions of  Greenpeace's 'Arctic Sunrise' reports Arctic Info (Russia) citing  the Deputy Head of the Ministry of Foreign Affairs of Russia, Aleksey Meshkov. The diplomat was commenting on the proceedings initiated by the Netherlands against Russia at the International Tribunal for the law of the sea of the United Nations International Tribunal on the Law of the Sea regarding the case against crew members of the Arctic Sunrise. According to 'Arctic info', assessments of other interested parties is ambiguous. A few days ago, the President of Finland noted that while he does not consider the accusation of piracy for the offenders to be right…

23 Jul 2013

Lawyer Wins International Maritime Prize

Dr Thomas A. Mensah: Photo credit IMO

The IMO Council has unanimously agreed to award the prestigious International Maritime Prize for 2012 to Dr. Thomas A. Mensah of Ghana, former President of the International Tribunal for the Law of the Sea and Assistant Secretary-General and Director of the Legal Affairs and External Relations Division at the International Maritime Organization (IMO), for his significant contribution to the work and objectives of the International Maritime Organization (IMO). In nominating his candidature, the Government of Ghana drew attention to Dr.