Category Archives: Jurisprudence

WTO: US ‘Dolphin Safe’ Labeling – Retaliatory Measures

The World Trade Organization (WTO) arbitrator’s decision, released 25 April 2017, in respect of DS381: US — Tuna II (Mexico), provided “Mexico may request authorization from the [Dispute Settlement Body] DSB to suspend concessions or other obligations […] at a level not exceeding USD 163.23 million per annum”. The dispute originally arises from the 2013 US tuna labeling policy (since modified and further challenged), which was used as the basis to assess the “level of nullification or impairment of benefits accruing to Mexico”.

For further information see here, and the reported decision here.

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ICJ: Somalia v. Kenya Judgement on preliminary objections delivered

Following our previous post, the International Court of Justice (ICJ) has delivered today its Judgment on the preliminary objections raised by Kenya in the case concerning Maritime Delimitation in the Indian Ocean (Somalia v. Kenya). It finds that it may proceed with the maritime delimitation between Somalia and Kenya in the Indian Ocean. The Judgement can be found here and the summary here.

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PCA: Conciliation between the Democratic Republic of Timor-Leste and the Commonwealth of Australia (update)

The conciliation proceedings between the Government of the Democratic Republic of Timor-Leste and the Government of the Commonwealth of Australia, pursuant to article 298 and Annex V of the UN Convention on the Law of the Sea, has resulted in measures intended to facilitate the conciliation, reported within a Trilateral Joint Statement issued 9 January 2017. After further exploration of negotiating positions, Timor-Leste  has written to the tribunals to withdraw the two claims it had initiated with Australia under the Timor Sea Treaty, reported within a Trilateral Joint Statement issued 24 January 2017.

See Trilateral Joint Statement – PCA Case Nº 2016-10 (9 January 2017) and Trilateral Joint Statement – PCA Case Nº 2016-10 (24 January 2017).

 

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ITLOS: Tribunal has jurisdiction over The M/V “Norstar” Case (Panama v. Italy)

The Judgment of the Tribunal on the Preliminary Objections raised by Italy on 11 March 2016 in The M/V “Norstar” Case (Panama v. Italy) was delivered today. The Tribunal finds that it has jurisdiction to adjudicate the dispute and decides that Panama’s application is admissible. According to the Application, the dispute concerns the arrest and detention of the M/V “Norstar”, a Panamanian-flagged oil tanker. More details can be found in the Tribunal’s Judgement.

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PCA: Conciliation between the Democratic Republic of Timor-Leste and the Commonwealth of Australia (update)

Following what has been previously reported here and here, the PCA’s Conciliation Commission has issued its Decision on Competence in the compulsory conciliation initiated between Timor-Leste and the Australia under Annex V of the United Nations Convention on the Law of the Sea. In its Decision, the Commission held that it was competent to continue with the conciliation process. These compulsory conciliation proceedings concern the maritime boundary between both States and were initiated by Timor-Leste by way of a Notice addressed to Australia pursuant to Article 298 and Annex V of the Convention. More information about this development can be found in the PCA’s press release.

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Ukraine Initiate Arbitration Against the Russian Federation under UNCLOS

According to the Ministry of Foreign Affairs of Ukraine, “[o]n 14 September 2016, the Ministry of Foreign Affairs of Ukraine officially served the Ministry of Foreign Affairs of the Russian Federation with a notification of arbitration and statement of claim instituting ad hoc arbitral proceedings under Annex VII of UNCLOS”.

For more information, see here.

Russian Foreign Ministry spokeswoman Maria Zakharova has told a news briefing that the Russian Federation had not, by then, received any notification from Kiev on that matter. That statement can be found here.

 

<updated on 3-10-2016 with paragraph on Russian Federation statement (N.F.C.)>

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PCA: the Duzgit Integrity Arbitration Award delivered

The Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea in the matter of the Duzgit Integrity Arbitration has just issued an Award in respect of the dispute between the Republic of Malta and the Republic of São Tomé and Príncipe. The dispute concerns the arrest by São Tomé of a Maltese flagged vessel – the Duzgit Integrity – on 15 March 2013 when it attempted to undertake a ship-to-ship (“STS”) cargo transfer in São Tomé’s archipelagic waters, and the subsequent measures taken by São Tomé in relation to the vessel, its master, cargo, owner and charterer. More information about this case can be found in the PCA’s press release; the Award is available here.

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