Autumn is over, snow has fallen in Tromsø, and we would like to wish you all a merry Christmas and happy holiday with a summary of our latest activities here at the Norwegian Centre for the Law of the Sea!
News archive
25.12.2024:
Fall Newsletter!
Fall Newsletter!
Autumn is over, snow has fallen in Tromsø, and we would like to wish you all a merry Christmas and happy holiday with a summary of our latest activities here at the Norwegian Centre for the Law of the Sea!
September
In the start of September Dr. Alexander Lott held a presentation on “Protection of Critical Infrastructure at Sea: The Law of the Sea Perspective” at the Operational Maritime Law 2024 conference by NATO COECSW in Ljubljana.
Researcher Endalew L. Enyew also gave a presentation on ‘Accommodating Traditional Fishing Rights in Maritime Boundary Delimitation: Examples from Africa’ during the Interdisciplinary Conference on “Emerging Issues in Maritime Delimitation and Ocean Governance in Africa: Bridging Law, Policy, Science and Practice”, organized by the University of Ghana School of Law.
Dr. Jessica Schechinger was one of the co-organisers of the ESIL Interest Group on the Law of the Sea workshop on the 4th of September on “New Maritime Technologies: Challenges and Opportunities”. Dr Felicity Attard (University of Malta) was the commentator, and the event was co-chaired by Dr. Akis Papastavridis and Dr. Jessica Schechinger. It was a lively event with many interested law of the sea colleagues joining in Vilnius (and online). Dr. Youri van Logchem were one of the presenters at the workshop who gave a presentation on “SMART submarine cables: challenges and opportunities”.
Lastly in September Associate Professor Maria Madalena Neves and Full Professor Vito De Lucia were at the International Tribunal for the Law of the Sea/Tribunal international du droit de la mer to present at the Symposium: 30th Anniversary of the Entry into Force of the United Nations Convention on the Law of the Sea: The 'Constitution for the Oceans' in Light of Emerging Challenges, organized by IFLOS and Korea Maritime Institute. Maria presented on seabed mining developments on the Norwegian continental shelf and Vito on the general principles for marine biodiversity governance in the context of the BBNJ Agreement. It was a pleasure for NCLOS - Norwegian Centre for the Law of the Sea to co-sponsor the Symposium and it was great to meet so many of our friends, including former NCLOS colleagues Hilde Woker and Kristine Dalaker.
October
In October Dr. Jessica Schechinger contributed virtually to the UN DOALOS Nippon Foundation Fellowship Programmes 2024, by providing a session on “The United Nations Security Council and maritime security”.
Towards the end of October, The Faculty of Law at UiT, organized by Lena Schøning, Ingrid Solstad Andreassen, and Mathilde Morel, held a seminar on sustainable development. Focusing on how legal frameworks could contribute to a sustainable and just transition in addressing the climate and environmental crises, the seminar explored how laws and regulations could promote environmentally friendly solutions, overcome barriers, and address fairness for affected groups such as local communities, workers, and Indigenous peoples.
Through questions like how green transitions challenged human rights or reflected colonialist thinking, the seminar brought both legal and political dilemmas into discussion. Several people from NCLOS participated with engaging and well performed presentations which you can read more about by following the link: https://uit.no/tavla/artikkel/840517/seminar_om_baerekraftig_og_rettferdig_omstilling
Furthermore, in October and until December, PhD candidate Konstantinos Deligiannis-Virvos visited the National University of Singapore / Centre for International Law (NUS/CIL). During his visit he also participated in the delegation of the UiT-The Arctic University of Norway at the Norway/Singapore Science Week organized by the Norwegian Embassy in Singapore and Innovation Norway. During the Polar Seminar of the Science Week, he presented his research on Arctic related issues. On the 9th of December Konstantinos presented his PhD Thesis on the “Implementation of an Ecosystem Approach to Shipping” in an internal seminar for the staff of NUS/CIL.
At the end of October Dr. Alexander Lott, Dr. Jessica Schechinger, Professor Richard Barnes, and Dr. Youri van Logchem participated in the first Management Committee meeting of the #BlueRights COST Action, which took place in Brussels on the 31st of October. The meeting had the aim of establishing the BlueRights network, and making initial decisions regarding the activities of the network. Alexander is participating in the project as a member of the Management Committee. You can read more about the project by following this link: https://www.cost.eu/actions/CA23103/
Also toward the end of October Associate Professor Maria Madalena Neves participated in and moderated discussions on “Deep Seabed Mining and SIDS” for the UNFF Ocean Governance Fellowship for Small Island Developing States (SIDS) Programme, at the United Nations Division for Ocean Affairs and the Law of the Sea. Discussions touched upon a number of aspects of relevance for SIDS such as seabed mining within the context of blue economy, the potential contribution/pitfalls os seabed mining for socio-economic development of SIDS, environmental impacts of seabed mining, design of an adequate legal framework to regulate seabed mining, stakeholder participation in decision-making processes, and needs for capacity building among SIDS.
November
In the start of November we were pleased to organize The Annual NCLOS Conference 2024, themed "Future Trajectories for the Law of the Sea," at UiT, The Arctic University of Norway. The event brought together leading experts to discuss critical developments in ocean law, focusing on emerging challenges and opportunities in governance, security, and sustainability.
Keynote speakers included Tomas Heidar, President of the International Tribunal for the Law of the Sea (ITLOS), who addressed the Law of the Sea Convention as a dynamic instrument in the context of climate change, and David Freestone from George Washington University, who explored the international legal dimensions of sea-level rise. A special thank you to Tomas and David for coming to us and participating in the conference.
The conference featured panels on diverse topics such as the implications of recent advisory opinions, deep seabed mining, autonomous vessels, maritime security, and climate change. These discussions examined the intersections of international law, technological advancements, and environmental challenges. Both the panels, and also moderators, had participants from NCLOS, you can read more here: https://uit.no/tavla/artikkel/sub?p_document_id=847300&sub_id=848350. The event concluded with closing remarks from Vito De Lucia. With its blend of scholarly discussions, innovative ideas, and collaborative dialogue, the conference served as a pivotal forum for shaping the future of maritime law and policy.
We would like to thank everyone that participated and helped with the event to make it happen. We will dare to say it was a success!
Later in November an NCLOS delegation visited Singapore, in the context of an ongoing cooperation with the Centre for International Law at the National University of Singapore (CIL). NCLOS co-organized a joint workshop together with the CIL. The workshop, held at the premises of the Royal Norwegian Embassy in Singapore, was titled "Protection of the Marine Environment and Shipping: Contemporary Challenges and New Approaches". You can read more about the program through the link: https://cil.nus.edu.sg/wp-content/uploads/2024/11/CIL-NCLOS-Shipping-Workshop-2024-Flyer-with-Overview.pdfThroughout the workshop HE Ambassador Leif Trana delivered a welcome address, and CIL Director Nilufer Oral and NCLOS Director Vito De Lucia also had introductory remarks.
From NCLOS, Vito De Lucia, Associate Professor Maria Madalena das Neves and Associate Professor Jan Solski participated at the event and delivered papers, respectively on the Ecosystem Approach (“Ecosystem Approaches: Concepts, Tools, Mechanisms and Trends”), on Institutional Interactions (“Institutional Interactions on the Regulation of Shipping in the Arctic: OSPAR, IMO and The Arctic Council”) and on the Polar Code (“Institutional Interactions on the Regulation of Shipping in the Arctic. The Polar Code: views from Canada and Russia”). Senior Admin Christin Skjervold also joined NCLOS delegation. NCLOS also visited CIL following up on our collaboration agreement and with the view of making future plans for our next joint research projects.
Furthermore, in November, Dr. Alexander lott gave a presentation on “maritime security and straits of the North Sea and the Baltic Sea” at the The 12th Global Ocean Regime Conference organized by Korea Maritime Institute and sponsored by the Ministry of Oceans and Fisheries of Korea in Busan (South Korea) on the 4th of November.
Publications:
Book published by Lena Schøning titled “Theorizing Ocean Governance: A Framework Combining Governance, Science, and Law".
Book Chapter by Endalew L Enyew, Margherita P. Poto, and J Anaya, ‘Indigenous Peoples Law and Climate Change’, in Hans Christian Bugge and Christina Voigt (eds.), Klimarett: Internasjonal, europeisk og norsk klimarett mot 2050, 2nd edn, (Universitetsforlaget, 2024) 276-308.
Book edited by (among others) Richard Barnes and Eva R. van der Marel titled “Research Handbook on Plastics Regulation".
Book review by Bastiaan Klerk titled “Legal Aspects of Marine Protected Areas in the Mediterranean Sea: An Adriatic and Ionian Perspective”.
Article by Vito De Lucia titled “The integration of the ecosystem approach in the BBNJ agreement—An initial assessment of limits and opportunities”.
Article by Endalew L Enyew, ‘Sustainable Development, International Law, and a Turn to African Legal Cosmologies by Godwin Eli Kwadzo Dzah, Cambridge University Press, 2024, 408 pp’, Review of European, Comparative and International Environmental Law (RECIEL).
Blog post on our blog series about the ITLOS Advisory Opinion on Climate Change by Ellen Hey titled “Some Reflections on External Rules in ITLOS’ Advisory Opinion on Climate Change”.
Interview given by Dr. Alexander Lott for the journal Foreign Policy. His comments appeared in the following article: Keith Johnson, 'Can Denmark Use International Law to Fight Russia’s Shadow Fleet?' Foreign Policy 16 September 2024.
Another interview from Alexander by the Estonian Public Broadcasting on live TV show devoted to the Nordic investigative journalists' report on the Baltic connector incident.
Dissemination by Endalew Lijalem Enyew, Nikolas Sellheim, Peter Bridgewater, Jessica Lefevre, Eugene Lapointe, Carlos Mazal & Mia Schulz, ‘The International Whaling Commission cannot duck the human right to adequate food’, paper in contribution to the 69th IWC meeting (02 September 2024).
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09.12.2024:
A potential for boundary commissions and regional cooperation in West-Africa
Effie Sackey is currently researching on the efficiency of boundary commissions under supervision from NCLOS. She believes such agencies could be key in settling maritime boundary disputes in West-Africa.
06.12.2024:
A change in scenery in the (re)search of better economic instruments
Ifan Ariansyach has studied marine biology and economics. Now he is immersed in maritime governance within international law. His interests in all of these different but interrelated areas led him to the UNNF programme and NCLOS.
04.09.2024:
Summer newsletter!
Summer has passed and everyone is back at the Norwegian Centre of Law of the Sea for the fall. We take that as a perfect opportunity to update you all on what has been happening over the summer months.
Summer newsletter!
Summer has passed and everyone is back at the Norwegian Centre of Law of the Sea for the fall. We take that as a perfect opportunity to update you all on what has been happening over the summer months.
In June NCLOS Director Prof. Vito De Lucia, Ass. Prof. Maria Madelena Neves and Ass. Prof. Youri van Logchem were in Edinburgh to present in the workshop: 'Cooperation in the High North between Scotland, Norway, and the Arctic Council: Towards more Secure and Sustainable Oceans' organized by Jessica Schechinger. Maria and Youri respectively presented the topics of 'seabed mining in Norway' and 'protection of critical infrastructure in the High North', whereas Vito offered reflections on (academic) collaboration between Norway (NCLOS in particular) and Scottish institutions. Jessica joined NCLOS as a postdoc in August.
Also in June our PhD candidate Apostolos Tsiouvalas participated in the Holberg Week 2024 in Bergen. Out of 64 submissions, Apostolos' application was one of five selected from the Nordic states to attend a Masterclass at the Holberg 2024 award ceremony featuring laureate Achille Mbembe. The discussion between Apostolos and Achille Mbembe can be watched here.
Furthermore, Apostolos published a book review of NCLOS researcher Endalew Lijalem Enyew's work, Indigenous Peoples, Marine Space and Resources, and International Law: The Interaction Between International Human Rights Law and the Law of the Sea, published in The International Journal of Marine and Coastal Law 2024. The review can be accessed here.
Dr. Alexander Lott delivered a presentation titled “Increasing the Legal Resilience of Critical Submarine Infrastructure against Hybrid Threats: Interdiction of Ships and the Establishment of Safety Zones” at the Nordic Environmental Social Science (NESS) Conference in Turku, Finland on 5th of June 2024.
As many of you know; on the 21st of May 2024, the International Tribunal for the Law of the Sea issued the Advisory Opinion on Climate Change and International Law. The NCLOS staff publishing a series of smaller blog posts addressing the specific themes covered by the Advisory Opinion which is now up on our website here. The blog series is currently updated with two blog posts. The first is written by Endalew Lijalem Enyew and Mazyar Ahmed titled “ITLOS’s Advisory Opinion on the notion of ‘common but differentiated responsibilities’ to protect the marine environment from climate change: A closer look from the Standpoint of developing States”. The second post is by PhD candidate Bastiaan Klerk titled “To Lex Specialis, or not to Lex Specialis? The Paris-UNCLOS Nexus in the ITLOS Advisory Opinion on Climate Change”.
In August Ass. Prof. Eva van der Marel attended NorFishing 2024 together with colleagues from UiT’s faculty of Biosciences, Fisheries and Economics, where she co-organized a ‘law seminar’ with Dr. Guri Hjallen Eriksen (SALT, UiO), presenting on RFMO cooperation over IUU fishing.
The book «Maritime Security Law in Hybrid Warfare» as part of the series Publications on Ocean Development was released in August. Dr. Alexander Lott is the editor and co-author of the book. Among the 15 contributions to this anthology, we also find a chapter authored by Prof. Magne Frostad. The book is available here.
In the upcoming months you can look forward to the Seminar on the fisheries Law that NCLOS is arranging with Norges Råfisklag (LINK) 2nd of October and of course the Future Trajectories for the Law of the Sea, the NCLOS Annual Conferense 2024 5th to 7th of November.
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31.05.2024:
Spring newsletter!
Spring has arrived and the Norwegian Centre for the Law of the Sea has had a busy couple months since the last time we gave you a full update!
Spring newsletter!
Spring has arrived and the Norwegian Centre for the Law of the Sea has had a busy couple months since the last time we gave you a full update!
March
In March, Associate Professor Maria das Neves and NCLOS Senior Admin Christin Skjervold visited Ghana in the context of the capacity building project 'The University of Ghana Ocean Governance, Research and Development Project', which is funded by the Norwegian Agency for Development Cooperation (NORAD).
The purpose of this project is to build capacity in the teaching, research, and implementation of the law of the sea and ocean governance in Ghana, and to help establish a Centre for Ocean Governance at the University of Ghana. The visit kicked off with a reception hosted by The Royal Norwegian Embassy in Accra for different entities involved with NORAD projects in Ghana. Following this, Maria and Christin participated in various meetings to discuss the progress of the project, and to plan future research and teaching activities between the Faculty of Law at the University of Ghana and NCLOS.
Maria and Christin also had the opportunity to visit Ghana's Fisheries Enforcement Unit and the fish market in Accra where they learnt more about Ghana's challenges with the management of living marine resources, and about the role of communities and women in particular within the fisheries sector. April
On 16th and 17th of April Dr. Alexander Lott delivered a presentation on the current legal challenges of securing critical offshore infrastructure at the Haugesund International Conference on Maritime Security, Naval Warfare, and the Law of the Sea.
On 19th of April Endalew Lijalem Enyew gave a keynote presentation on “Arctic Indigenous Peoples' Right to Whaling: Making Sense of the IWC and NAMMCO Management Regimes” at the 6th Marine Mammal Student Symposium on "Navigating Arctic Waters: Strengthening ties between Marine Mammal Research, Indigenous Knowledge & Law and Policymaking". The Symposium was held at UiT-The Arctic University of Norway and co-organized by the North Atlantic Marine Mammal Commission (NAMMCO), the Norwegian Centre for Law of the Sea (NCLOS), and the Department of Arctic and Marine Biology (AMB). On the same day Associate Professor Eva R van der Marel visited the Norwegian «fishery capital» Båtsfjord, together with other legal practitioners from all over Norway. The goal of the visit was to learn more about Norwegian fisheries and how some of the fisheries regulations work in practics.
On 23rd of April the FALG project held its first annual workshop on the theme of Future Arctic Governance and Geopolitics. The project itself aims to develop a strong international network to promote research and collaboration related to the future legal management and governance of the marine Arctic.
NCLOS Director Vito De Lucia opened the workshop and welcomed speakers and audience. Speakers included NCLOS’ Jan Solski, Alexander Lott and Youri van Logchem. Other speakers included Alf Håkon Hoeal, Marc Lantaigne and Kari Myklebost, all from the faculty of social sciences at UiT, and FALG members Beatriz Martinez Romera from the CLIMA Center (CPH), Henry Jones from Durham University and Aldo Chircop and Sara Seck from Dalhousie University, as well as AMAP deputy Secretary Mario Acquarone.
A special thank you to our project partners; Aldo Chircop, Schulich School of Law, Dalhousie University, Beatriz Martinez Romera, Centre for Climate Change Law and Governance (CLIMA), University of Copenhagen, Fiammetta Borgia, Univeristy of Rome II “Tor Vergata”, Henry Jones, University of Durham, Geir Hønneland, FNI and Timo Koivurova, Arctic Center, University of Lapland is certainly worth mentioning. The workshop was held at the Direksjonen with a full house of 45 + people in the audience!
May
NCLOS was one of the co-organizers of an important workshop on the BBNJ agreement “Regime interaction under the BBNJ Agreement”, organized by ANCORS and held at Wollongong, Australia.
Associate Professor Maria Madalena Neves, Professor Richard Barnes, and PhD candidate Bas Klerk represented NCLOS and delivered papers, respectively, on “The BBNJ Agreement and National Regimes: Norway's Perspective” (Maria), “The BBNJ Agreement and Fisheries: A Legal Perspective” (Richard), and “A Wolf in Sheep's Clothing? Reflections on the Institutional Nature of Part III of the BBNJ Agreement” (Bastian). Around seventy participants and experts from across the world participated in the engaging presentations and lively discussions on the BBNJ Agreement.On 21st of May, Russia made a controversial announcement regarding the limits of it's maritime areas in the Baltic Sea that caused confusion among the leaders of Russia's neighboring states. The Estonian National Broadcasting requested an interview on Russia's announcement which was given by Alexander Lott. Part of his interview was translated into English.
On the same day the International Tribunal for the Law of the Sea delivered its Advisory Opinion on oceans and climate change, on the basis of a request submitted to it by the Commission of Small Island States on Climate Change andInternational Law. NCLOS staff attended the historical sitting, as part of its annual study tour. In the rich opinion, 153 pages long, the Tribunal addressed the questions posed to it comprehensively, outlining key dimensions of the responsibilities of States for the protection and preservation of the marine environment from the impacts of climate change. Additionally, it is worth mentioning that one of NCLOS PhD students, Bas Klerk, had contributed to the drafting of the written submission to the proceedings of the International Union for the Conservation of Nature (IUCN).
On 23rd and 24th of May Professor Magne Frostad and Dr. Alexander Lott had the honor of contributing to the 23rd Congress of the International Society for Military Law and the Law of War.On 28th of May Associate Professor Jan Solski and PhD Researcher Konstantinos Deligiannis-Virvos presented their paper titled “Rethinking Arctic Governance: Focusing on Regulating Black Carbon Emissions in the Context of Geopolitical Tensions” in the InterAct Conference taking place at the Law Faculty of the University of Copenhagen, 27-28th of May.
The InterAct Conference aimed to explore current developments in the regulation of shipping related climate impacts, including the law-making processes at theinternational level, the role of actors and the implementation and enforcement of regulatory outcomes. In this regard, Jan’s and Konstantinos’ presentation focused on the regulation of Black Carbon emissions and how this issue not only creates a pathway out of the crisis Arctic Governance faces, but also contributes to mitigating the effects of climate change. Publications
Two posts were published by NCLOS staff on the NCLOS Blog since last newsletter. Phillip Peter Nickels published a blog about the advisory proceedings at ITLOS titled “The Relationship between the UN Convention on the Law of the Sea (UNCLOS) and the UN Climate Change Regime: What Role for Article 237 UNCLOS?”.
Maria Madalena das Neves published an interesting blog about Norway’s decision to open parts of the Norwegian Continental Shelf to seabed mining activities titled “Norway formally opens the Norwegians continental shelf to seabed mining exploration activities: Rowing against the tide.”.
For other publications Endalew Lijalem Enyew has also published an article titled "Governance of Marine Genetic Resources in Areas Beyond National Jurisdiction and Interests of Developing States: A Move Away from Scientific Colonialism?" at Opinio Juris blog.
Vito De Lucia has had an article published at Taylor & Francis Online titled "After the Dust Settles: Selected Considerations about the New Treaty on Marine Biodiversity in Areas beyond National Jurisdiction with Respect to ABMTs and MPAs".
The new edition of Evans’ International Law is out where Associate Professor Eva R van der Marel and Professor Catherine Redgwell of University of Oxford wrote Chapter 23 on “International Environmental Law”. Lenke til nyhet
23.04.2024:
Successful workshop under the Future Arctic Law and Governance project at UiT!
On the 23rd of April the first workshop under the project Future Arctic Law and Governance (FALG) was held in Tromsø.
Successful workshop under the Future Arctic Law and Governance project at UiT!
On the 23rd of April the first workshop under the project Future Arctic Law and Governance (FALG) was held in Tromsø.
The FALG project aims at developing a strong international network to promote research and collaboration related to the future legal management and governance of the marine Arctic.
The Arctic is experiencing rapid and unpredictable changes, to a significant extent driven by climate change. The FALG project will focus in turn on three key drivers of the development of the future law and governance of the arctic: geopolitics – the theme of the first workshop – biodiversity and climate change.
NCLOS Director Vito De Lucia opened the workshop and welcomed speakers and audience. Speakers included NCLOS’ Jan Solski, Alexander Lott and Youri von Logchem. Other speakers included Alf Håkon Hoeal, Marc Lantaigne and Kari Myklebost, all from the facut of social sciences at UiT, and FALG members Beatriz Martinez Romera from the CLIMA Center (CPH), Henry Jones from Durham University and Aldo Chircop and Sara Seck from Dalhousie University, as well as AMAP deputy Secretary Mario Acquarone.
A special thank you to our project partners; Aldo Chircop, Schulich School of Law, Dalhousie University, Beatriz Martinez Romera, Centre for Climate Change Law and Governance (CLIMA), University of Copenhagen, Fiammetta Borgia, Univeristy of Rome II “Tor Vergata”, Henry Jones, University of Durham, Geir Hønneland, FNI and Timo Koivourova, Arctic Center, University of Lapland is certainly worth mentioning.
We want to thank everyone who joined the event (great turn out, with a full house and 45+ people in the audience), which included academics from multiple disciplines as well as students, policy makers and other stakeholders!
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02.04.2024:
[Blog] The Relationship between the UN Convention on the Law of the Sea (UNCLOS) and the UN Climate Change Regime: What Role for Article 237 UNCLOS?
In our latest blog post, our PhD Research Fellow Philipp P. Nickels delves into the recent advisory proceedings at ITLOS, and explores the intersections between UNCLOS and the UN Climate Change Regime.
25.03.2024:
Newsletter for February and March
We are well into 2024, and we wanted to bring you some news about what has happened since last update at the Norwegian Centre for the Law of the Sea!
Newsletter for February and March
We are well into 2024, and we wanted to bring you some news about what has happened since last update at the Norwegian Centre for the Law of the Sea!
In the last few weeks, we were happy to welcome two new visiting PhD students, César Soares de Oliveira, from the University of Eastern Finland and Johanna Sophie Bürkert [VD1] from the University of Copenhagen. César will remain until the end of April, while Johanna’s visit will end before the Easter break.
In February
On 23rd of February, our Associate Professor Youri van Logchem presented a paper on “The Good, the Bad, and the Ugly of RFMO/As: Some Reflections After 30 Years of the LOSC Entering into Force” at a conference on 'The Presence of International Organizations in the Evolution of the International Law of the Sea: Thirty Years since the Entry into Force of UNCLOS´, which was held at the University of A Coruña.
Youri van Logchem, also taught a lecture at the International Tribunal for the Law of the Sea (ITLOS). The theme was “Activities in Disputed Maritime Areas” on the capacity-building and training programme on dispute settlement under the United Nations Convention on the Law of the Sea (UNCLOS), a programme funded by the Nippon Foundation.
NCLOS Director Professor Vito De Lucia participated at the first annual Critical Legal Geography Conference held in Turin, Italy, to discuss the mutual constitution of space and law with several other transdisciplinary scholars. Vito presented a paper titled “Arctic Sanctuary. Anamnesis of a concept” and also participated in a panel discussion on critical theory and non-human geographies.
In March, our PhD Fellow Philipp Nickels presented at the conference Law of the Sea: Climate Change and other Recent Developments, which was organized jointly by the Lauterpacht Centre for International Law, University of Cambridge, and the Lisbon Public Law Research Centre, University of Lisbon. In his presentation, Philipp reflected on the normative relationship between the UN Convention on the Law of the Sea and the UN Climate Change Regime.
We also hired a new junior researcher, Claudia D’Andrea, to work until the end of 2024 on a EU Horizon project called “B-useful”.
As the Easter break approaches, we wish you all a joyful and resting break, until next time!
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08.02.2024:
Navigating Arctic Frontiers – January newsletter
January has been a busy month for the Norwegian Centre for the Law of the Sea (NCLOS).
Navigating Arctic Frontiers – January newsletter
January has been a busy month for the Norwegian Centre for the Law of the Sea (NCLOS).
Endalew introducing his event the Arctic Frontiers conference. Photo: UiT
Recent events
Teaching term started early, but the biggest event was the annual Tromsø appointment with Arctic affairs, the conference Arctic Frontiers. NCLOS was very active during the conference.
NCLOS researcher Endalew Enyew organized a side event delving into the potential implications of the High Seas Treaty on Arctic governance. Panelists included Lawson Bringham (AFFILIATION), Vito De Lucia (NCLOS), Gunnar Sander (NIVA), Christian Prip (FNI) and Mario Acquarone (AMAP).
For further details on the event, click here!
NCLOS Director, Vito De Lucia, also presented at another side event, organized by Raul Primicerio (UIT) in the context of the project CLEAN, financed by the FRAM Center.
Additionally, RADIO ARCTIC presented a thought-provoking session titled 'Beyond Borders: Navigating the High Seas and Arctic Governance,' further exploring the intersections between the High Seas Treaty and Arctic governance. The engaging discussions shed light on the treaty's provisions and its potential influence on the Arctic's future. Notably, among the panellists was NCLOS Director, Vito De Lucia.
Access a podcast of the session here!
Vito De Lucia was also invited to speak at the seminar held at UiT to celebrate the awarding of the International Mohn Prize for Outstanding Research Related to the Arctic to Professor Oran Young. This prestigious accolade acknowledges Professor Young's exceptional contributions to Arctic research, underscoring the importance of interdisciplinary collaboration in addressing pressing Arctic issues.
Read more about Professor Young and the award here!
Recent publications
We are delighted to share the recent publication of a monograph by our researcher Endalew Enyew. His work examines the intricate relationship between Indigenous Peoples' rights, marine space, and the third world approach to international law. This book offers critical analysis and fresh perspectives on indigenous rights within the context of the Law of the Sea, providing valuable insights for scholars and practitioners alike. Read more about "Indigenous Peoples, Marine Space and Resources, and International Law: The Interaction between International Human Rights Law and the Law of the Sea" here!
Our Associate Professor Eva Van der Marel has co-authored an article published in Nature on the potential for a circular carbon and plastics economy. Read “Designing a circular carbon and plastics economy for a sustainable future” here!
Lastly, the NCLOS blog features a compelling post by our PhD Research Fellow Konstantinos Deligiannis-Virvos, delving into the complex interaction between extreme temperature rise in the North Atlantic and the International Maritime Organization’s Sulphur Regulation. Read his post "A Peculiar Interaction: Extreme Temperature Rise in the North Atlantic and the International Maritime Organization’s Sulphur Regulation" here!
Stay tuned for more updates!
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31.01.2024:
[Blog] A Peculiar Interaction
Our PhD Research Fellow, Konstantinos Deligiannis-Virvos, has recently written a blog post on the Extreme Temperature Rise in the North Atlantic and the International Maritime Organization’s Sulphur Regulation.
18.01.2024:
Arctic Frontiers side event - Can the High Seas Treaty Cure Arctic Governance?
On 29 January 2024, NCLOS researcher Endalew Lijalem Enyew will organize a side event at the Annual Arctic Frontiers Conference exploring this question.
Arctic Frontiers side event - Can the High Seas Treaty Cure Arctic Governance?
On 29 January 2024, NCLOS researcher Endalew Lijalem Enyew will organize a side event at the Annual Arctic Frontiers Conference exploring this question.
The new global treaty on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (known as the BBNJ treaty or the High Seas treaty) was formally adopted in June 2023 and was opened for signature on 20 September 2023. As of today, 84 states have signed the treaty. While signature needs to be confirmed with ratification, this treaty signals enthusiasm for a multilateral success that stands in stark contrast to the current complex geopolitical juncture. The High Seas treaty contains detailed rules providing a global legal basis, inter alia, for the establishment of marine protected areas (MPAs), including in the Central Arctic Ocean (CAO), on environmental impact assessments (EIA), and the relationship of the treaty with other relevant instruments and bodies, both global and sectoral.
The side event will assess the potential ramifications of the High Seas treaty on the governance of the Arctic, particularly on the ability of the governance regimes to address the impacts of human activities on the Arctic Ocean in line with the ecosystem-based approach (EBA). The event will specifically explore the complexity that the new treaty adds to the governance of the Arctic Ocean, Area Based Management Tools/MPAs in the Arctic, EIA in the BBNJ treaty and its implications for management of the marine Arctic, Scientific advice and the science-policy interface, and how the BBNJ treaty interacts with other relevant regimes, frameworks, and institutions on the governance of Arctic Ocean. A great lineup of speakers including Lawson W. Brigham (Global fellow at the Wilson Centre), Vito De Lucia (Director of NCLOS), Gunnar Sander (Senior researcher at NIVA), Mario Acquarone (Deputy Secretary of AMAP), and Christian Prip (Senior Researcher at FNI) will speak at the event.
The Side Event will take place at Clarion Hotel the Edge, Tromsø, from 13:30 to 15:00. For detailed information about the event, read more on the Arctic Frontiers websites.
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11.01.2024:
Report on the outcomes of the 2023 NCLOS Conference on “Ocean Commons”
Our dedicated rapporteurs, Nikolaos Gkikas, Konstantinos Deligiannis-Virvos, Mazyar Ahmad, Mana Tugend, Hassan Mhando, Dany Channraksmeychhoukroth and Mathilde Morel have diligently documented and summarized key discussions, presentations, and insights from our annual conference.
Report on the outcomes of the 2023 NCLOS Conference on “Ocean Commons”
Our dedicated rapporteurs, Nikolaos Gkikas, Konstantinos Deligiannis-Virvos, Mazyar Ahmad, Mana Tugend, Hassan Mhando, Dany Channraksmeychhoukroth and Mathilde Morel have diligently documented and summarized key discussions, presentations, and insights from our annual conference.
Panel 1: Governance of Areas beyond National Jurisdiction
Rapporteur: Nikolaos Gkikas
The first Panel of the Conference featured four presentations discussing various issues of Governance in Areas Beyond National Jurisdiction (ABNJ). Moderator of the panel was Jan Solski (UiT - Norwegian Centre for the Law of the Sea).
Kristine Gu (University of Calgary) presented on “Strategic Environmental Assessment for Marine Areas Beyond National Jurisdiction: Article 39 of the BBNJ Agreement.” Initially, Gu provided insights about the nature and primary objectives of Strategic Environmental Assessment (SEA), emphasizing its role in integrating environmental considerations into strategic decision-making processes. She proceeded with a brief comparison to the closely related procedure of environmental impact assessment (EIA), noting that SEA emerged and evolved to address certain gaps found in EIA. Acknowledging the absence of a single or universally recognized form of SEA practice, Gu delineated the different approaches taken in international contexts, distinguishing between ‘product-oriented’ and ‘process-oriented’ forms.
She then elaborated on the legal status of SEA in international law before the BBNJ Agreement, underscoring that ‘unlike transboundary EIA, the legal foundations and procedural / substantive requirements for SEA remain largely unresolved in international law.’ Exploring the legal rationale for SEA practice in marine areas beyond national jurisdiction, Gu emphasized the Principle of Integration (Principle 4 of the Rio Declaration) and that of Systemic integration/interrelationship to achieve sustainable development.
Transitioning to the BBNJ Agreement, Gu stressed the necessity for centralized approaches to governance in marine Areas Beyond National Jurisdiction (ABNJ). She then moved towards outlining the Agreement’s key components, mandates, and the history of SEA in the negotiations, leading to the central focus on Article 39, which introduces SEA in the BBNJ Agreement. Recognizing the significance of this provision as a pivotal step in broadening the use of SEA in international contexts, Gu further examined the type and scope of the obligations established therein. She emphasized the need for a detailed interpretation of the text and a comprehensive understanding of its place within the normative and institutional frameworks established by the new BBNJ Agreement.
Nengye Liu (Yong Pung How School of Law, Singapore Management University) presented on “Establishing Marine Protected Areas in the Southern Ocean: Lessons for the BBNJ Agreement.” Initially, Liu shared insights about the Arctic and Antarctica within an ever-changing world, briefly comparing the two polar regions. He then directed attention to the Antarctic Treaty System and specifically to Article IV of the Convention on the Conservation of Antarctic Marine Living Resources (CAMLR Convention).
Before delving into this, he highlighted the significance of Antarctic krill for local and regional ecosystems, noting that negotiations for the CAMLR Convention took place in the shadow of the Soviet Union’s growing interest in Antarctic krill fisheries during the 1970s. Quoting Donald Frank’s words that ‘[t]he fauna-rich marine region of the Southern Ocean represents a microcosm of the dilemmas faced by States in the exploitation of marine resources,’ Liu stressed that the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) is widely considered one of the most successful and effective organizations in ecosystem-based fisheries management and emphasized its expertise in negotiating marine protected areas (MPAs) in the Southern Ocean, citing the success of the Ross Sea MPA in 2016 as an example.
Liu then moved on to the core of his presentation: the lessons drawn from CCAMLR’s experience that could benefit the BBNJ Agreement, specifically Part III dedicated to area-based management tools (ABMTs), including MPAs. He elaborated on four key lessons: the relationship between conservation and rational use [Art. II(2) CCAMLR, Art. 1(9) BBNJ]; integrating science into the decision-making process [Research and Monitoring Program of the Ross Sea MPA, Art. 26(3) BBNJ]; consensus-building in decision-making [Art. XII(1) CCAMLR, Art. 23(1), (2) BBNJ]; and managing geopolitical tensions. Notably, Liu revisited geopolitical tensions, referencing the Soviet Union and its then declared ‘vested interest’ in the Antarctic regime. He concluded that the historical situation then mirrors the present situation if one puts China in the place of the Soviet Union.
Ethan Beringen (Macquarie University) delivered a presentation titled “High Seas Fisheries and the BBNJ Instrument: Examining the unrealized regime interaction potential between international fisheries law and international biodiversity law.” His presentation centered on addressing how international fisheries law can achieve the objectives of ‘conservation and sustainable use’ in the context of the Anthropocene and how the concepts of ‘conservation and sustainable use’ within international biodiversity law interact with those within international fisheries law. He utilized the regime interaction theory, using the BBNJ Instrument and high seas fisheries law as a case study to delve into their dynamics. His aim was to unlock their interaction potential towards a more informed, coordinated, and coherent approach to the conservation and sustainable use of high seas biodiversity.
Highlighting the issue of fragmentation in international law, Beringen outlined a theoretical framework regarding the regime interaction potential within the context of international biodiversity law and the law of the sea. In doing so, he problematized the shared goals of ‘conservation and sustainable use’ between the two regimes and identified three key sites of interaction potential: common subject matter, common goals and principles, and common membership.
Furthermore, Beringen elaborated on the fact that the BBNJ Instrument avoids directly addressing high seas fishing, despite its significant responsibility for the greatest loss of marine biodiversity. He argued that such an omission is absurd. Beringen contended that regime interaction is an inherent feature of the international legal system and advocated that examining related regimes may lead to more effective outcomes for both through mutual learning, coordination, and coherence. In his concluding remarks, he proposed the establishment of a Joint Committee on High Seas Marine Biodiversity Conservation and Fisheries and emphasized the role that the Conference of the Parties (CoP) to the BBNJ Instrument could play in operationalizing the regime interaction potential.
Hilde Woker (Leiden University) presented on “The Concept of Best Available Science in the Governance of Ocean Commons.” Her presentation delved into the interpretation of the concept ‘best available science’ as introduced in various international legal instruments. Commencing with insights about the Law-Science Interface, where she emphasized the necessity for effective law and decision-making based on scientific findings, Woker highlighted that while several international legal instruments refer to the concept of ‘best available science’ and mandate the implementation or development of certain measures, standards, and practices on this basis, there lacks a legally binding definition, resulting in considerable uncertainty about its precise meaning.
Woker’s discussion revolved around key legal instruments within the law of the sea, including the UNCLOS, the UNFSA, the BBNJ Agreement, and the ISA Mining Code. She attempted to outline components for interpreting the concept in the context of governing ocean commons. Here, she elaborated on the conceptual aspects of the terms ‘best’, ‘available’, and ‘science’, scrutinizing their potential meanings. Additionally, she provided an overview of the concept’s alternative iterations found in different legal instruments and examined the meaning and the reasons behind the choice to employ such diverse terminology.
Towards the conclusion, she reiterated the importance of understanding the concept's meaning, particularly in defining the qualifying thresholds associated with it. Woker raised questions about the scope of the obligation linked to ‘best available science’ before closing with reflections on the possibility of establishing a single definition, citing as an example the ISA Draft Exploitation Regulations, which include such a definition.
Panel 2: Deep seabed Mining and the Common Heritage of Mankind
Rapporteur: Konstantinos Deligiannis-Virvos
Panel 2 of the Conference included four presentations regarding Deep Seabed Mining and the Common Heritage of Mankind. The moderated of the panel was Maria das Neves (UiT – Norwegian Centre for the Law of the Sea).
Endalew Lijalem Enyew (UiT – Norwegian Centre for the Law of the Sea) held a presentation titled “Debates over Seabed Mining: A Third World Perspective”. The presentation first offered a historical recap on the development of the seabed regime tracing the bases of Grotius’ articulation of the freedom of the sea and how the focus of such doctrine shifted to the ‘vertical freedom of the sea’ with the developments of science and technology in the 20th century.
The presenter noted that the doctrine of ‘vertical freedom of the sea’ was de facto discriminatory to Third World States; and that the technological advances of the 20th century together with the legal vacuum regarding the seabed triggered a fear of “seabed scramble”. As a solution, ambassador Pardo proposed the seabed beyond national jurisdiction to be designated as the common heritage of mankind governed by an international body, a proposal that was eventually accepted.
The presenter further demonstrated that the seabed was one of the areas of the law of the sea where extreme North-South debates manifested itself during UNCLOS III, and in this regard, he identified three main points of debate: first, that there existed different understandings on modalities of ’benefit’ for the developing States; second, on the type of measures to protect land-based mineral producer developing States; and third, on the nature, powers, and functions of the international machinery.
It was noted that the final text of Part XI UNCLOS largely reflected the views of the developing States, but the adoption of the 1994 Implementation Agreement reversed most of the provisions of the UNCLOS that were protective of developing States’ interests. He concluded by offering an overview of current debates over seabed mining that include debates over the interpretation of the various elements of the 2-Year rule and debates on the commencement of seabed mining generally.
Klaas Willaert’s (Ghent University / Maritime Institute) presentation was titled “The Interests of Developing States within the Context of DSM in the Area: the Forgotten Aspect of the Common Heritage of Mankind?” In his presentation, he underlined that the Common Heritage of Mankind is the cornerstone of the international deep seabed regime. Its key motivations were the duty to carry out activities in the Area for the benefit of mankind as a whole, taking into particular consideration the interests and needs of developing states, and the effective participation of developing States in general.
The presentation continued by listing the main mechanism to promote the interests of developing States. The first one is the equitable sharing mechanism, which saw progress over the last few years, but there are still questionable options and modalities relating to the seabed sustainability fund and the distribution formulas. The second mechanism is the ‘Enterprise’ which is yet to be operationalized and there exist many uncertainties about timing and its eventual form. Finally, the ‘reserved areas’ which are already in force, but their purpose is noted to be eroded by worrying trends.
The presentation concluded by offering three suggestions on the way forward regarding those mechanisms. Regarding the equitable sharing mechanism, Willaert suggested a dual approach between the seabed sustainability fund and direct distribution that would complement each other. Regarding the ‘Enterprise’, the ambition of its full operationalization should not be abandoned. As for the ‘reserved areas’, he noted that they should integrate economic control factors in the interpretation of the context and its effective control in order to prevent factual dominance of developed States in those areas.
In the third presentation of the panel, Gustavo Leite Neves da Luz (University of Hamburg) presented about the “International Environmental Liability of the Private Contractors: a Pathway to Sponsorships of Convenience in the Deep Seabed Mining Regime?”.
He started the presentation by providing the definitions of sponsored contractors and private entities. He followed up by investigating the liability of the contractors in the deep seabed mining regime. It was noted that a debate exists over different interpretations of what constitutes a wrongful act. Specifically, whether the breach of international law should suffice where the contractor would be liable regardless of fault (strict liability) or whether the wrongful act would be interpreted as a consequence of fault (fault-based liability).
Regarding the reparation, he noted that it was touched upon both in the relevant UNCLOS provisions (Art. 235(2),(3)) and in the 2011 ITLOS Advisory Opinion. The Mining Code specifies that there is a necessity for the contractors to have insurance, while the Draft Exploitation Regulations establish the environmental compensation fund with the purpose of implementing necessary measures designed to prevent, limit, or remediate any damage to the Area arising from activities therein, the costs of which cannot be recovered from a Contractor or sponsoring State.
Regarding the issue of sponsorships of convenience and the liability of private contractors the presenter stressed that effective control is regulatory control and that, essentially ISA uses the same interpretation of ‘genuine link’ with ITLOS. He noted that the potential consequences of the adoption of effective control as a regulatory control include a forum shopping system, sponsorship of convenience and the infringement of reserved areas for developing States. He concluded by underlining that the solution to these potential consequences is a system of strict liability, insurance, and the establishment of a compensation fund.
Mazyar Ahmad’s (UiT – Norwegian Centre for the Law of the Sea) presentation was titled “The Epistemic Trappings of the UNCLOS Seabed Regime”. It began by noting that the contemporary discourse on the seabed may be traced back to Arvid Pardo’s 1967 speech which drawed upon the dominant epistemic understanding of the world, i.e., the concept of commons, the seabed as empty space and the commodification of it.
Regarding the concept of commons, it was underlined that even though Pardo did not use the term ‘commons’ in his speech, however, in his later work he expressly referred to the seabed as ‘commons.’ Pardo did not challenge the dominant Western understanding of property, for instance, private property or state property, but it rather put forth an alternate way of thinking about the management of the commons, something other than the existing schemes of state property or private property. Furthermore, Pardo’s conception of the seabed, meant the current lack of sovereignty or sovereign rights, but not the lack of a possibility to be occupied by states similar to land.
According to the presentation, Prado’s challenge to traditional international law was not meant to challenge its foundational tenets, rather he was challenging the extension of national sovereignty seawards so as to maintain the status quo of the high seas and the seabed as ‘empty space’ which belonged to everyone, therefore belonging to no one. Finally, commodification is connected to the “extractive imaginary” of the seabed which is further based on the coloniality of nature.
Panel 3: Global and Regional Institutions
Rapporteur: Mazyar Ahmad
The 3rd Panel of the Ocean Commons Conference was titled “Global and Regional Institutions” and featured three presentations moderated by Ethan Beringen (Macquarie University).
Rozemarijn Roland Holst (Durham University) presented her paper titled “The (un)making of ocean commons by international organisations.” She began her presentation by briefly touching upon the history of commons. She explained that ocean commons are typically conceived in international law as areas beyond national jurisdiction, just like the atmosphere, Antarctica, and outer space. Even though international law sets up such commons as public interest regimes enabling their management as shared spaces, it is also through international law that some of its values are undermined- a tension that is exhibited in the working of international organizations (IOs).
She noted that the theory of functionalism that characterizes much of the thinking about IOs has been subject to critique in that it fails to account for the broader world-making propensities of IOs beyond the relationship with their member states. Understood as making and unmaking of ocean commons, she explained that IOs play a key role on the one hand in shaping the ocean commons, while also playing certain roles in undermining their value as commons.
Holst underscored three ways in which this tension can be studied, namely the functional, and geographical boundaries of the commons which correspond to the mandates of IOs; their ability to create, recreate, and unmake political (resource) economies; and from the point of view of enclosure of knowledge or epistemic diversity. This exercise would shed light on the question of who the ‘global commoners’ in ocean space are, and how their interests and knowledge are represented in the different forms of ‘institutionalization’ of ocean commons on the international level.
Fiammetta Borgia (University of Rome “Tor Vergata” and European University of Rome) presented her paper titled “Regional Governance of Ocean Commons: Comparing regimes.” In her paper, she undertook a comparative analysis of regional governance regimes in the Mediterranean Sea and the Arctic Ocean, with a special focus on their legal frameworks and approaches to ocean governance to determine how the former may inform the latter.
She began her presentation by explaining that the UNCLOS is the shared international legal framework between the two ocean regions. Borgia underscored their different geographical features, along with their respective environmental challenges. Next, she explained the difference between the environmental regional governance model applicable to the two regions. Keeping in mind the similarities and differences between the two regions, she explained that both ocean regions exhibit a need for an integrated legal system to address the pressing environmental challenges.
She further noted that the BBNJ agreement may enable this lacking integration in the respective governance model of both regions. To conclude she notes that the circumpolar cooperation mirrors the Mediterranean regime (ESES), which is not limited to PART XII of UNCLOS. Even though the polar region is governed through several institutions and mechanisms, it continues to face a wide range of issues. Borgia concluded by asserting that the BBNJ treaty may be the driver for a much-needed cooperation in the Arctic as in the Mediterranean.
Anita Rayegani (University of Hamburg) presented her paper titled “Politico-legal Reflections on Comprehensive Land Claims (CLC) Agreements in Inuit Nunangat.” Her paper tries to introduce some of the possible implications of the CLC agreements on the ways in which States fulfill their legal obligations concerning activities that fall under the scope of the law of the sea within Inuit Nunangat.
She began her presentation with her personal experiences working within the self-governing region of Nunatsiavut. She then reflected on the Inuit Circumpolar Council’s Declaration on Sovereignty in the Arctic and the various declarations adopted since that brings attention to the simplistic notion of sovereignty invoked by States and the various ways that the rights Inuit have through international law, land claims, and self-government processes have been overlooked.
She expanded on internal and external aspects of sovereignty and the manifestation of Inuit-Crown rights and obligations concerning commercial fisheries adjacent to the Labrador Inuit Settlement Region and offshore petroleum resource exploration and development falling under the Inuvialuit Final Agreements and the 2023 Western Arctic–Tariuq (Offshore) Accord respectively. Noting that Canada is in the process of implementing the United Nations Declaration on the Rights of Indigenous Peoples, Rayegani concluded that some changes in the implementation of CLC agreements can be expected but that all treaties and other domestic arrangements, albeit having implications for the way Canada fulfills its international obligations, are not without significant criticism.
High-Level Panel 1: BBNJ
Rapporteur: Mana Tugend
On the first day, the high-level panel was moderated by Eva van der Marel (UiT – Norwegian Center for the Law of the Sea). The high-level panel welcomed experts Karen Scott (University of Canterbury), Ronán Long (WMU-Sasakawa Global Ocean Institute), Vito De Lucia (UiT - Norwegian Centre for the Law of the Sea), and Nengye Liu (Yong Pung How School of Law, Singapore Management University) to share their views on the recently adopted Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement). These experts highlighted both positive aspects and missed opportunities related to the BBNJ Agreement.
Among the positive aspects, experts underlined the BBNJ Agreement’s success in increasing the visibility of the intricate relationship between the ocean and climate. This is particularly evident in its references to climate change and ocean acidification. The BBNJ Agreement includes mentions of cumulative impacts in the context of ocean conservation, acknowledging the interconnectedness of environmental issues, including climate change. The BBNJ Agreement provides a basis for considering climate change and cumulative impacts in EIAs for activities in ABNJ, although it does not specify the types of activities that require an EIA.
Other missed opportunities were raised. In relation to area-based management tools (ABMTs), the BBNJ Agreement lacks explicit inclusion or exclusion of fisheries, leaving the potential collaboration between the BBNJ Agreement and relevant Regional Fisheries Management Organizations (RFMOs) in a state of uncertainty. The Agreement also lacks explicit references to climate refugia, a pivotal consideration in safeguarding vulnerable marine areas in the face of climate change.
Furthermore, the Agreement perpetuates a static approach to ABMTs, which may not adequately address evolving challenges posed by climate change. Concerning EIAs, it was mentioned that the Agreement's obligations extend solely to activities within ABNJ, possibly overlooking the broader impacts on ABNJ arising from activities outside its jurisdiction.
The panel underscored the imperative need for convergence between the BBNJ Agreement and existing climate regimes. A clear and well-defined vision is required for the seamless integration of climate considerations within the BBNJ framework. Additionally, while the Agreement references the ecosystem approach, its practical implementation remains an unresolved concern.
In summary, the panel argued that the BBNJ Agreement represents a significant step towards recognizing the interplay between the ocean and climate change. However, there are missed opportunities and substantial challenges that demand further exploration. The future efficacy of the BBNJ Agreement in addressing climate change will be contingent upon its implementation and integration with existing climate regimes.
Panel 4: Utilization and Exploitation of the Ocean Commons
Rapporteur: Hassan Mhando
The first panel of the 2nd day of the Ocean Commons Conference explored the discussion on stewardship, justice and new imaginaries moderated by Youri van Logchem (UiT - Norwegian Centre for the Law of the Sea).
Gabriella Arguello (University of Gothenburg) held a presentation titled “Navigating Climate Policy Dilemmas in Offshore Wind Power and Seabed Carbon Storage Governance”. She started by elaborating on the impacts of climate change which include biodiversity loss, ecosystem degradation and relocation of entire populations. She also elaborated that the ocean is an important place for combating climate change as it functions as a major carbon sink.
She provided information about large-scale wind parks and Carbon capture and sequestration occurring in the seabed sediments. She also mentioned conflicts that arose from the offshore wind power which includes User-Environment, Environment-User and User-User Conflicts. She explained concerns that arose about the health of the marine environment from the process of carbon capture and storage. She concluded her presentation by discussing the Long-term liability of the process of CO2 storage that might migrate in a way not anticipated and that the success of the process might come at the expense of other issues.
Luciana Fernandez Coelho and Julia Schutz (WMU-Sasakawa Global Ocean Institute) had a joint presentation with the title “What would a structure of the governance of Marine scientific research in LOS resemble if Informed by TWAIL perspective?”. They started by defining TWAIL which is a network of Scholars who challenge narratives on international law by bringing highly operationalized exclusion embedded within the framework. They also explained the relationship between TWAIL and the commons that TWAIL approaches dive deeply in order to solve a problem instead of changing the law.
They further explained the commons by showing the multiple articulations which include no ownership but access by everyone which can sometimes referred to as ocean-grabbing and also a common concern of humankind which includes global partnership and stewardship. Marine scientific research (MSR) was also examined under the UNCLOS. They noted that UNCLOS does not provide for a definition of MSR as well as there is no inclusion of chemical and physical aspects of the marine environment. They also explained the State's practice for SIDS on the consent regime for MSR under the UNCLOS which can have mutual benefit through cooperation and increased and holistic sustainability concerns. They concluding the presentation by underlying the importance of incorporating MSR in the BBNJ agreement.
Jan Solski and Konstantinos Deligiannis-Virvos (UiT – Norwegian Centre for the Law of the Sea) had their presentation on the ongoing project titled “Regulating Black Carbon (BC) Emission into the Arctic: What Opportunity Lies amid the Crisis of Arctic Ocean Governance? Jan started the discussion by talking about where the idea for the project came from that it was in the news and so they think that the process of following rules in sustainable shipping is stagnant. Along with that, there was a decision to ban the use of heavy fuels in the Arctic and the ban was put with many exemptions and waives at first, but later it became effective.
Jan went on to talk about the crisis of the Arctic governance, that there is currently a vacuum in governance and a crack within the club where countries like Russia, Canada, and Finland have these activities and try to monitor them unsuccessfully. And he thought this was an interesting issue because it related to climate change.
Konstantinos presented the governance response to black carbon emissions and that there are regulations set as a measure to combat black carbon such as MARPOL Annex VI that focuses on air pollution, the change of focus on regulation of HFO to target BC directly. There should also be further support provided by LOS, the unilateral measures to combat BC are needed where the flag state should take voluntary measures, and coastal states should allow innocent passage. Furthermore, countries such as Iceland and Norway have regulations governing HFO/BC in their internal and territorial waters.
Panel 5: Stewardship and Justice
Rapporteur: Dany Channraksmeychhoukroth
The second panel of the 2nd day of the Ocean Commons Conference explored the discussion on stewardship and justice moderated by Irene Dahl (UiT – Norwegian Centre for the Law of the Sea).
Alla Pozdnakova (University of Oslo) began panel 2 her presentation by providing background for her ongoing work concerning “Transformation of the Law of the Sea into an equitable legal order: International Solidarity for ocean commons”. She explored this topic by responding to the question of how solidarity is reflected in the law of the sea, particularly the UNCLOS regime, regarding natural resources of the EEZ, continental shelf and the High Seas.
She went further to explain the different variations concerning solidarity such as the boundary, foundation, goal, and the degree of collective thinking required by the law of the sea. In her opinion, solidarity is an overarching principle that exists everywhere, whether less or more, depending on the degree of interaction. She tried to shed further light on how solidarity could safeguard access to natural resources for future generations by providing an example from the context of the BBNJ Agreement and RFMOs.
Her discussion also indicated the increasing support for the human right to a healthy environment that might pave the way for the recognition of a right to solidarity in the law of the sea. At the end of her presentation, she concluded that the approach to international solidarity as a right would contribute to the transformation of the law of the sea into an equitable and just legal order.
Christopher Rossi (UiT - the Arctic University of Norway) approached his topic on “The Arctic Council versus Arctic ‘Großraum’” by mapping the various geopolitical arenas of the Arctic, specifically on how the various activities have been suspended or affected by the Russian invasion to Ukraine. He discussed the effect of the Arctic 7’s announcement on the temporary pause participation in all meetings of the Arctic Council and its subsidiary bodies and explored how the Arctic Council could resume its role without Russia’s participation.
One scenario mentioned was to recognize that there is no Arctic Council and try to resume the working group; however, he saw an issue with it due to a lack of guidelines for a fully functioning working group. Therefore, he suggested that the Arctic states should utilize bilateral efforts with Russia for the benefit of Arctic governance.
He noted the rising role played by Asia Pacific States specifically Singapore, Japan, and China in arctic-related matters. He also explained how the Arctic states and non-Arctic states could possibly work together to create a new re-governing regime that could insulate military issues from Arctic governance.
Vonintsoa Rafaly (University of Copenhagen) presented “Ocean commons, solidarity and justice: unraveling fair burden-sharing in ocean governance” by dividing her discussion into three points. First, she echoed the element of solidarity as explained by the first panelist and discussed where solidarity is in the burden-sharing discourse. She mentioned that for her study she would like to refer to solidarity as a general concept of fair burden-sharing to achieve ocean justice. She also explained the multi-dimensional of burden-sharing in distributive justice which is divided into: need, capacity, responsibility, and equality.
She then answered the question of how ocean governance considers solidarity through burden-sharing by providing two examples: ocean-climate issues (ITLOS Advisory Opinion in Case 31 concerning climate change) and marine biodiversity conservation (BBNJ Agreement). Further in her presentation, she addressed the relationship between ocean commons and ocean justice and the consequences on our understanding of ocean commons.
Lastly, she concluded by providing new insights into ocean common by looking at burden-sharing, solidarity, and justice together. She stated that solidarity is the underlying concept of the idea of commonness and ocean commons are still encapsulated in sovereignty and freedom. She ended with a statement that solidarity and burden-sharing deserve more consideration given the political, social, ethical, and ecological entanglements.
In her presentation on “Sovereign Rights to Natural Resources in the Ocean Commons – A Critical Appraisal”, Petra Gümplová (Friedrich Schiller University Jena) argued that sovereign rights have not advanced justice for the ocean’s natural resources due to the entrenchment of distributive inequality, the unjust exercise of sovereignty over natural resources and legal and economic reification of environmental domains.
To support her argument, she explained how UNCLOS reform facilitated the unequal distribution of natural wealth from global commons and how it did not contribute to the mitigation of global inequality among countries. She noted that the extension of sovereign rights into the ocean commons granted states exclusive yet disproportionately large access to natural resources. She further stated that the extension of sovereign rights is a prerogative of a state, which could be seen as a corporate right and not a collective right of the people. Thus, this prerogative is structured and institutionalized in ways that do not facilitate a legitimate and equitable exercise of resource sovereignty.
She then presented how sovereign rights construct natural resources as extractive economic goods and excludable property objects to stats that act as individual agents driven by efforts to utilize natural resources exclusively for their own economic benefits without regard for the impact on interconnected ecosystems. From a perspective of global justice and political theory, she concluded that justice for ocean global commons would provide a new identity for global commons, new public objectives for sovereignty, and a new structure of sovereign rights to resources.
Panel 6: Critiques and New Imaginaries
Rapporteur: Mathilde Morel
The last panel of the Conference featured three presentations that all discussed topics related to criticism and new notions of human practice and exploitation of the ocean and its resources. The panel was moderated by Endalew Lijalem Enyew (UiT - Norwegian Centre for the Law of the Sea).
Apostolos Tsiouvalas (UiT – Norwegian Centre for the Law of the Sea) held a presentation with the title “Mare Libertinum”. The overarching aim of Tsiouvalas’ paper is to determine the extent to which Marquis de Sade’s concept of absolute sexual freedom (libertinism) can illuminate the problem of sovereignty in the governance of ocean commons.
In the late ‘L’Ancien Régime’, during the time when the Marquis de Sade lived, the Grotian concept of absolute freedom of the high seas, coupled with the practice of sovereign states to enclose coastal areas, found resonance within the Kingdom of France, most notably through Jean-Baptiste Colbert’s ‘L’ordonnance de la marine’. While ‘L’ordonnance’ consolidated the establishment of the freedom of high seas for the benefit of sovereigns, through his literary depictions of libertine sexuality, achieved through the extreme absolute corporeal freedom and unrestrained by morality, religion, or law, de Sade questioned all previously established doctrines of the Kingdom and problematized the unrestrained power held by the sovereigns.
By employing examples from some of de Sade’s main literary works and his engagement with libertinism and references to ocean space, Tsiouvalas sought to problematize the rationale behind the freedom of the seas doctrine and rethink the role of sovereignty in the governance of ocean commons.
Vincent Seffinga, (European University Institute), presented on the title “Silencing Alternatives: Extraction under the Biological Diversity of Areas Beyond National Jurisdiction (BBNJ) Agreement”. The presentation, part of a paper by Seffinga, featured a critically evaluation of the final content of the recently adopted BBNJ Agreement. Described as a key and groundbreaking milestone in the progress towards the conservation and protection of marine biodiversity beyond national jurisdiction, Seffinga has critically analyzed how the agreement navigates the tension between conservation targets and the exploitation of marine resources.
Recalling the work from Surabhi Ranganathan, Seffinga pointed to the notion that already during the negotiations of the BBNJ Agreement, the agreement constituted a continuation of the ‘extractive imaginary’ consolidated in UNCLOS. Following the argumentation of Ranganathan, Seffinga contended that through the legal and conceptual fragmentation of the ocean commons into separate resource-spaces and by encouraging the exploitation of resources within these resource-spaces, UNCLOS consolidates this extractive imaginary. Furthermore, the BBNJ Agreement avoids any discussion that calls this extractive imaginary into question because the existing legal regime is perceived and argued to be undisputable.
Addressing these lines of arguments, Seffinga’s paper analyses whether the BBNJ Agreement has further consolidated this extractive imaginary through the continued fragmentation of the ocean commons and encouraging (or even demanding) the exploitation of marine biodiversity beyond national jurisdiction. Arguing that the BBNJ Agreement indeed further consolidates this extractive imaginary of the ocean commons, the paper problematizes the notion that a non-extractive legal imaginary can be found and instituted.
Mana Tugend, (UiT – Norwegian Centre for the Law of the Sea), gave a presentation titled “Reimagining Ocean Stewardship: Integrating the Ethics of Care in the Rights of Nature Paradigm”, a part of her PhD project. Tugend’s presentation explored the potential for reimagining the concept of stewardship of the ocean commons through the integration of the ethics of care within the rights of nature framework.
The rights of nature, which advocate for legal recognition and protection of the inherent rights of natural entities, offer a valuable lens through which to examine our relationship with the oceans. However, a critical examination of the rights of nature concept reveals certain limitations, particularly in its approach to human-nature relationships. To overcome these limitations, Tugend proposed the incorporation of the ethics of care to cultivate a more holistic, reciprocal, and relational approach to ocean governance and move beyond the limitations that a rights-based approach might present.
Through an exploration of key principles and practices of the ethics of care, Tugend’s presentation aimed to provide an innovative perspective on ocean stewardship that emphasizes empathy, interconnectedness, and responsibility towards the marine environment. She delved into the potential benefits of integrating care-based approaches in ocean governance, including more inclusive decision-making processes, a deeper understanding of the interdependencies between human and non-human life, and the promotion of sustainable and just practices in using and managing ocean resources.
High-level Panel 2: Re-thinking Ocean Commons?
Rapporteur: Nikolaos Gkikas
The 2023 NCLOS Conference concluded with a profound exploration of the theme ‘Rethinking Ocean Commons’ in a high-level panel moderated by Vito De Lucia (UiT, Norwegian Centre for the Law of the Sea). The panelists, Ellen Hey (UiT, Norwegian Centre for the Law of the Sea, Erasmus University), Margherita Pieraccini (University of Bristol), Richard Barnes (UiT, Norwegian Centre for the Law of the Sea and University of Lincoln), Joanna Mossop (Victoria University of Wellington) provided interesting insights into the conceptualization and reimagining of the Commons within international law.
Margherita Pieraccini elucidated the dichotomy within common scholarship, juxtaposing the traditional approach of common-pool resources governance with the emergent perspective of ‘commoning scholarship’, according to which the Commons should not be perceived as “things” but as a process. Specifically, she emphasized the ontological and epistemological limitations of a traditional resource-centric view, advocating for a shift from perceiving commons as things to recognizing them as dynamic socio-ecological processes, emphasizing relational subjectivities and deliberative practices.
She pointed out that ‘commoning scholarship’ is a field of value production, and the precondition for this production is that a wide range of different ethics, different cultures and different knowledges come in together. Therefore, moving the focus from the commons to commoning means that the basis of the analysis is not individuals but relational subjectivities working towards inter-subjective agreements.
Vito De Lucia pondered whether the rethinking of Commons in international law should solely revolve around ensuring procedural participation, or it is time to radically reconsider the prevalent perspective of Commons primarily as a space or domain towards an inclusive process of co-production?
Richard Barnes underscored the socially constructed nature of Commons as the product of long-term historical processes, and the challenges posed by the current capitalist system, suggesting the possibility of reinventing and challenging existing concepts. He highlighted the need for imaginative approaches to envision what commons should embody, fostering multiple levels of stewardship and nested regimes for effective governance.
Ellen Hey acknowledged the complexities of defining ocean commons within the interconnected global system, urging a broader perspective that includes various forms of commons beyond just the oceans.
Joanna Mossop emphasized the clash of cultures and understandings between individual and collective interests, stressing the necessity of engaging developing countries to push forward more collectivist approaches to ocean governance. She exemplified this clash by pointing out the frustration faced by Pacific Island Developing States, as their collective approach to express some sort of guardianship over the ocean was often misunderstood as advancing individual interests.
The subsequent discussions further expanded on representation mechanisms within RFMOs, the involvement of NGOs in decision-making, and the potential role of AI in representing non-human agencies. They raised critical questions about the economic drivers shaping legal regimes and the challenges of achieving genuine participation and transparency.
The panelists explored diverse strategies to bring a meaningful change, from engaging with decision-makers and officials to leveraging international classrooms as teachers. They also discussed the need for a decolonized and more inclusive curriculum and scholarship to reflect diverse voices in law of the sea studies.
In conclusion, the panel encapsulated the complexities and interconnectedness inherent in reimagining ocean commons within international law. It emphasized the importance of transcending traditional boundaries, fostering inclusivity, and exploring innovative mechanisms for effective governance.
The discussions showcased a commitment to exploring diverse approaches and possibilities for navigating the complexities of ocean commons, providing hope for the integration of novel ideas into operational solutions for a more equitable and sustainable future.
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10.01.2024:
New book explores the intersections between the International Human Rights Law and the Law of the Sea!
In his new book, our researcher Endalew Lijalem Enyew examines Indigenous Peoples Rights to Marine Space and Resources through the lens of Third World Approaches to International Law (TWAIL).
New book explores the intersections between the International Human Rights Law and the Law of the Sea!
In his new book, our researcher Endalew Lijalem Enyew examines Indigenous Peoples Rights to Marine Space and Resources through the lens of Third World Approaches to International Law (TWAIL).
Endalew’s book titled “Indigenous Peoples, Marine Space and Resources, and International Law: The Interaction between International Human Rights Law and the Law of the Sea” has recently been published by Routledge.
The title provides a fresh examination of the rights of indigenous peoples relating to marine space and marine resources, both in International Human Rights Law as well as within the Law of the Sea. In his book Endalew provides an in-depth critical analysis of these existing legal frameworks and identifies gaps, as well as possibilities for mechanisms to further recognize indigenous peoples’ rights to marine space and resources. To do so, he develops a critical theoretical and methodological approach, namely the Third World Approaches to International Law (TWAIL), which moves beyond the current doctrinal focus of the limited existing work in this area.
The book should provide interesting insights and perspectives to academics and practitioners in the areas of indigenous peoples’ rights in international law, particularly the law of the sea and human rights law, as well as TWAIL scholars and international legal historians.
Read more about the book on Routledge websites!
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18.12.2023:
Closing the Year
Highlights from 2023 at the Norwegian Centre for the Law of the Sea
Closing the Year
Highlights from 2023 at the Norwegian Centre for the Law of the Sea
Dear friends, researchers, and partners,
As we approach the end of another year, we would like to take a moment to reflect on the year we have been through.
Some highlights from 2023
We started the year by organizing a side event for the Arctic Frontiers conference in partnership with the Fram Centre's SUDARCO project.
The event focused on ecosystem-based management (EBM) in the Arctic after Russia’s invasion of Ukraine. We also discussed two important sectors for the Norwegian economy, namely offshore extractive activities, and fisheries management in the Barents Sea.
In February, our project, Future Arctic Law and Governance (FALG), received funding from the Norwegian Research Council. FALG aims to strengthen international research cooperation and provide new insights on the challenges and possibilities for the future of ocean governance in the Arctic. The funding will be crucial to enable us to develop a strong international academic network, organize meetings and workshops, invite guest researchers, and offer a new PhD course in Tromsø. The project is important due to the added pressure on Arctic ecosystems caused by climate change, human activity, and the current geopolitical situation.
You can read more about FALG here!
In March, NCLOS staff participated in several international events related to ocean governance and environmental law. These events included the BBNJ negotiations in New York attended by Professor Ingvild Ulrikke Jakobsen and Professor Vito De Lucia as academic observers, the 10th Ocean Dialogue on Offshore Renewable Energy in Vietnam where Associate Professor Maria das Neves presented a paper, and the UK-Norway bilateral meeting on Science and the Law of the Environment attended by Professors Richard Barnes and Maria das Neves. These events provided an opportunity for NCLOS staff to share their research and engage in discussions on critical issues related to ocean governance and environmental law.
In April, Associate Professor Eva van der Marel was jointly awarded the Richard Macrory Prize for 2022 for her article ‘Trading Plastic Waste in a Global Economy: Soundly Regulated by the Basel Convention?’. Eva's article explores the implications of the Basel Convention's plastic waste amendments as part of the global transition to a more sustainable plastic economy.
Read more about the Evas reaction to the award here!
In May, NCLOS organized a conference on the Law of the Sea and Hybrid Warfare in Tallinn, Estonia. The conference, organized by Postdoc Fellow Alexander Lott, brought together experts from various fields of international law to discuss legal challenges posed by hybrid naval warfare. The conference covered a range of topics, including the concept of hybrid warfare, autonomous vessels, and hybrid threats to international navigation. If you missed the conference, you will still be able to read up on the different topics in a forthcoming anthology.
Read more about the Tallinn conference here!
In June, NCLOS held its annual internal seminar in Copenhagen, providing an opportunity for the team to work on internal matters and network with Danish research partners. The seminar included visits to the Embassy of Norway in Denmark, where NCLOS presented their work, and to the Centre for International Law and Governance at the University of Copenhagen, one of its research partners in the Future Arctic Law and Governance Network. The seminar concluded with a reflection on the future of NCLOS and a team cultural bike tour of Copenhagen.
After the summer break, in August activities resumed. NCLOS’ Margherita Paola Poto was ranked the third most productive researcher at UiT - The Arctic University of Norway. Margherita's work spans a wide range of topics, including climate governance and indigenous knowledge integration, and she actively collaborates with experts from various fields. In addition, the Ocean Incubator Network, coordinated by Margherita and Giuliana Panieri from the Department of Geosciences at UiT, received funding from the UArctic to accelerate Ocean Literacy throughout Arctic communities by developing integrated research and education programs.
Read more about Margherita and her research here!
September was a busy month for NCLOS. On 1 September NCLOS welcomed its new Director, Professor Vito De Lucia. Then, PhD student Apostolos Tsiouvalas co-organized a stream at the Critical Legal Conference 2023 held at Durham Law School (Durham University), England. NCLOS Director Vito De Lucia and PhD students Konstantinos Vivros Deligiannis and Nikolaos Gkikas presented in that stream.
Read more about Vito setting sail as the new Director of NCLOS here!
Right after the CLC, NCLOS met the Strathclyde Centre for Environmental Law and Governance (SCELG) at the University of Strathclyde in Glasgow, to discuss rights of nature in a roundtable workshop aimed at sharing research experiences and charting options for collaboration.
Additionally, Eva van der Marel co-organized a successful workshop in Tromsø titled "Innovating for Change in Global Fisheries Governance", while Maria das Neves, Jan Solski, and Christin Skjervold represented NCLOS at the Norway-Singapore Science Week where they co-organized a workshop with the Centre for International Law (CIL) on the topic 'Governance of the Arctic in Times of Geopolitical Uncertainty'. Dag Rune Olsen, the Rector of UiT, signed a Memorandum of Cooperation on behalf of NCLOS with CIL, establishing a framework for future collaborations.
Read more about Innovating for Change in Global Fisheries Governance here!
In October, the annual Fisheries Law Seminar was held at Kystens Hus, with speakers discussing current topics of interest to lawyers, authorities, and other stakeholders in the fishing industry.
In November, NCLOS held its annual conference in Tromsø, bringing together leading experts and emerging legal scholars to discuss the crucial issue of ocean commons governance. The conference covered a range of topics, including the legal frameworks for marine biodiversity beyond national jurisdiction, the impacts of climate change on the oceans, and the role of emerging technologies in ocean governance.
Read more about our annual conference here!
As the year ends, NCLOS attended COP28 in Dubai, where Maria das Neves and Nikolaos Gkika presented their research on the relationship between the oceans, climate change, and the Law of the Sea, including crucial themes such as critical arctic minerals and metals.
Read more about NCLOS at COP28 here!
New staff
During 2023 NCLOS filled several new positions.
We were thrilled to welcome back Eva van der Marel, who defended her PhD at UiT in 2020. With a background from the European Commission and a postdoc at Oxford, Eva brings extensive expertise in international environmental and fisheries law. We are grateful to have her back on board as an Associate Professor.
We are also happy that Youri van Logchem has joined NCLOS as an Associate Professor. Specializing in the Law of the Sea and Environmental Law, Youri has been a senior lecturer at Swansea University and a PhD fellow at the Netherlands Institute for the Law of the Sea (NILOS), Utrecht University. We are very excited to have Youri on board with us.
Additionally, two of our longstanding team members, Jan Solski and Lena Schöning, have been appointed as Associate Professors at NCLOS. Both Jan and Lena, with PhDs from NCLOS and prior roles as postdocs, have made substantial contributions to our research and we are delighted to that they have now become part of the permanent staff of NCLOS and of the Law Faculty.
Sofie Elise Quist has joined us as a PhD Research Fellow, focusing on international law, food systems, and social and environmental justice. Holding an LLM in Human Rights and International Law from the University of Edinburgh, Sofie has a diverse background as a researcher, research assistant, project officer, and even as a nature guide. We look forward to the new perspectives she will bring to our team.
Guest researchers
In 2023, we had the pleasure of hosting Nippon Fellows, Channraksmeychhoukroth Dany from Cambodia, and Hassan Jumande Mhando from Tanzania, as part of a collaborative initiative between the United Nations Division for Ocean Affairs and the Law of the Sea (DOALOS) and NCLOS.
This collaboration, funded by the UN Nippon Foundation Fellowship Program, aims to support advanced education and research in the field of ocean affairs and the Law of the Sea. Additionally, we welcomed guest researchers from Canada, the UK, Australia, Sweden, the Netherlands, as well as Finland throughout the year.
Overall, 2023 has been an eventful and productive year for NCLOS, and we are grateful for the continued support from our partners and friends. We look forward to another year of engaging discussions and the exchange of ideas on critical issues facing the oceans and their governance.
Wishing you all happy holidays and a prosperous new year!
Sincerely,
The Norwegian Centre for the Law of the Sea (NCLOS)
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Check out our most recent publications here!
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27.11.2023:
NCLOS at the 8th annual International Law of the Sea Conference in Seoul.
Last week, the 8th annual International Law of the Sea Conference took place in Seoul.
NCLOS at the 8th annual International Law of the Sea Conference in Seoul.
Last week, the 8th annual International Law of the Sea Conference took place in Seoul.
The conference gathered renowned Law of the Sea experts, including ITLOS judges, High Seas treaty negotiators, and distinguished scholars to discuss key aspects of the newly adopted High Seas Treaty. Also in attendance was our esteemed Professor Vito De Lucia, who serves as the director of the Norwegian Centre for the Law of the Sea.
Over two days, the key aspects of the newly adopted High Seas Treaty were addressed. Professor De Lucia contributed as a panellist in the final session, sharing insights on the general principles and approaches of the High Seas Treaty.
The other sessions dealt with issues such as Marine Genetic Resources, Marine Protected Areas, Environmental Impact Assessments, and the Transfer of Marine Technology.
The conference is hosted annually by the Korean Ministry of Foreign Affairs, the International Tribunal for the Law of the Sea (ITLOS), and the Korean Society of International Law. The conference program and additional details are available on the conference website. Video recordings of the sessions will soon be accessible on the conference's YouTube channel.
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24.11.2023:
NCLOS at COP28
Bridging Knowledge for Sustainable Oceans and Climate Action
NCLOS at COP28
Bridging Knowledge for Sustainable Oceans and Climate Action
As the planet inches ever closer to irreversible climate change, the need for urgent political action is evident. This is the backdrop as the United Nations Climate Summit COP28 is set to take place in Dubai within the coming weeks.
Recognizing the importance of the occasion, UiT – The Arctic University of Norway, is joining forces with Michigan Technological University (MTU) and the University of Sussex (US) to set up a joint pavilion, operating as a pop-up university during COP28.
In the first week, the 'university' will showcase significant initiatives in sustainable energy and climate-related projects, including the production of hydrogen from natural gas. Shifting the spotlight in the second week, the emphasis turns to the oceans and their role in energy transition, introducing NCLOS's Associate Professor Maria Madalena das Neves and PhD Research Fellow Nikolaos Gkikas.
Maria explains that researchers at NCLOS have been researching the relationship between the oceans, climate change and the Law of the Sea for several years. She notes that since the Climate Summit in Glasgow (COP26), the interlinkage between the ocean and climate change has been strengthened, in part with the encouragement of states to implement national ocean-based climate action under the Paris Agreement.
"We believe that a heightened emphasis on ocean and climate change-related issues is crucial. Consequently, it is imperative for us to present our research and reflections on how the ocean and the law of the sea can contribute to a just energy transition, along with climate change mitigation and adaptation. Moreover, we aim to spotlight the challenges and solutions we have developed to address these issues, particularly in the unique context of the Arctic," she states.
With its plethora of participants, the Climate Summit also offers opportunities to enrich perspectives, build connections, and, in turn, stimulate further research.
Nikolaos hope is that his participation at the Climate Summit will allow him to further develop his understanding of climate changes issues and give him an “insider view” of the intergovernmental negotiations and lawmaking process.
The UiT program for COP28 can be found here!
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21.11.2023:
[Blog] Did an Alleged Ukrainian Attack against the Nord Stream Pipelines Violate the Law of Armed Conflict?
In our most recent blog post, NCLOS' own Alexander Lott analyzes attribution standards, the pipelines' military status, and environmental considerations in examining the alleged Ukrainian attack on the Nord Stream pipelines.
15.11.2023:
Diving into the World of Ocean Commons
Insights from the NCLOS 2023 Annual Conference.
Diving into the World of Ocean Commons
Insights from the NCLOS 2023 Annual Conference.
The Norwegian Centre for the Law of the Sea (NCLOS) successfully concluded its 2023 annual conference in Tromsø from November 1 to 3. The event brought together a diverse assembly of leading experts and emerging legal scholars to delve into the crucial issue of ocean commons-governance.
Notable discussions revolved around the recently adopted treaty on marine biodiversity in areas beyond national jurisdiction, deep-seabed mining, stewardship and ocean justice, the intricate relationship between science and law, and the emergence of new perspectives and ideas for the ocean commons.
The conference commenced with Ronan Long's insightful keynote presentation on 'Emerging Challenges and Opportunities in Areas Beyond National Jurisdiction.' Day two featured an engaging keynote by Richard Barnes and Joanna Mossop, who offered a fresh approach on the reframing of the United Nations Convention on the Law of the Sea from a global commons perspective.
The first panel of the conference provided diverse insights into key aspects of the BBNJ Agreement, offering valuable perspectives on international fisheries law, biodiversity, and the governance of ocean commons. The panel on deep-seabed mining addressed the legal complexities surrounding this emerging frontier, such as issues related to resource extraction, environmental impact, and equitable resource distribution.
The conference concluded with a stimulating discussion on new imaginaries for the ocean commons, encouraging participants to think creatively and envision novel approaches to the sustainable management of our shared oceans.
You may find more information about the panels and discussions in the conference program.
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04.10.2023:
Setting Sail as the new Director of NCLOS
We had a chat with Vito about his life, the (law of the) sea and what the future might bring.
Setting Sail as the new Director of NCLOS
We had a chat with Vito about his life, the (law of the) sea and what the future might bring.
Meet Professor Vito De Lucia, the newly appointed Director of the Norwegian Centre for the Law of the Sea (NCLOS), whose unconventional journey through music, IT and law has now led him to chart the course for the future of the law of the sea and ocean governance.
During our research for this interview, we uncovered that Vito's journey to a law degree was far from conventional.
“I never like to move in a straight line, so I dropped out of law school while working on my master’s thesis, gave it a shot at playing music professionally, then spent a good few years in the IT business”, Vito explains.
It was his increasing engagement with environmental issues, especially climate change and climate justice that brought him back, after a long hiatus, to the law and legal research.
“I got a new topic for my master’s thesis, several years after I had dropped out, on the Kyoto Protocol to the UN Framework Convention on Climate Change, and more specifically on the carbon trading rules therein”, Vito elaborates.
A Decade-Long Affair with NCLOS
It was this interest for environmental law that eventually brought Vito to Tromsø in 2010.
“I came here to do my PhD and my initial intention was to stay for three years. Now, thirteen years have passed, and I'm still here”, Vito reflects.
He explains that Tromsø grew on him and his family, and in 2013 the Norwegian Centre for the Law of the Sea (then known as the K.G. Jebsen Centre for the law of the Sea) was formed.
“This research context proved to be very exciting and stimulating, especially when our ambition grew to become a world leading research centre on the law of the sea”, Vito elaborates.
Navigating Legal Challenges
Due to the Anthropocene and climate change De Lucia sees the law of the sea and international law more broadly as facing fundamental challenges. Under the Aurora Centre financing NCLOS is increasingly focusing on such systemic challenges to the law of the sea.
He elaborates, “we want to understand the the limits and possibilities of the law of the sea in relation to several key areas, from the very organization of ocean space in maritime zones, to the understanding of ocean commons, to questions of ocean justice and the principle of sovereignty as the central organizing principle of both the law of the sea and international law”.
The Voyage Ahead
AS NCLOS leader, one of his first tasks is crafting a vision for the centre’s next 2-3 years. While he didn’t reveal any specifics, Vito ensured that he is committed to building on NCLOS's success and maintaining its position as a world leading research centre on the law of the sea and ocean governance.
Career Advice Ahoy!
Vito advises aspiring law of the sea professionals to enroll in UiTs Law of the Sea LLM program. He also encourages students to explore electives in general law of the sea and international environmental law and consider writing their master's thesis on sea-related topics.
We wish Vito success in his new position and look forward to the future of the Norwegian Centre for the Law of the Sea.
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03.10.2023:
Second workshop for "Innovating for Change in Global Fisheries governance"
In September this year, NCLOS held their second conference in the “Innovating for Change in Global Fisheries governance”-series at UiT The Arctic University of Norway.
Second workshop for "Innovating for Change in Global Fisheries governance"
In September this year, NCLOS held their second conference in the “Innovating for Change in Global Fisheries governance”-series at UiT The Arctic University of Norway.
- The aim for these conferences is to provide an opportunity for both early career scholars and established academics to present their research, to learn and exchange, to network, and above all to create a friendly and encouraging environment to discuss the most recent legal, scientific, technical, and economic developments in sustainable fisheries, with the emphasis on identifying innovative solutions, says one of the initiators, associate professor Eva van der Marel.
What is the story behind the initiative?
- In 2015, Camille Goodman and I met at the Rhodes Academy of Oceans Law and Policy, and through Camille, I met Mercedes Rosello. At the time, each of us was working on a PhD related to fisheries governance. We decided to organize a workshop together in September 2016, called 'Innovating for Change in Global Fisheries Governance'. The workshop was well attended by both PhD students and more senior academics, led to the publication of special issue in Marine Policy, and provided the basis for a great network of colleagues and long-lasting friendships. We had imagined doing a follow-up workshop a few years later, but life got in the way. Now, in 2023, all three of us are in academic positions (at Wollongong University, Lincoln University, and UiT respectively) and we decided it was finally time for the next edition.
This edition took place in Tromsø over two days and gathered over fifty guests from all over the world. Van der Marel is very pleased with the turnout:
- We had a selection of very interesting papers. The discussions were rich, and above all frank and friendly. We really enjoyed ourselves, and I think most people did. We are also grateful to UiT and the NCLOS for their generous funding to allow us to put this event together again, and for the invaluable administrative support that we received. As for the first workshop, we now seek to have the papers that were presented published in a special issue. However, the most valuable outcome was without doubt the discussions that we had, and the connections that were made.
And there will be a third edition:
- Yes! We are looking forward to putting the third 'Innovating for Change in Global Fisheries Governance' workshop together a few years from now – stay tuned!
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25.09.2023:
NCLOS PhD student co-organized a thematic stream
NCLOS were represented at the Critical Legal Conference 2023.
NCLOS PhD student co-organized a thematic stream
NCLOS were represented at the Critical Legal Conference 2023.
On September 11 and 13, NCLOS PhD student Apostolos Tsiuovalas were at Durham University, England, to co-organize a thematic stream.
The stream was titled "The Quasi-frozen Sanctuary", and invited contributions to think along and against the ice as the planet’s last sanctuary; one that inherently resists domination and territorial enclosures.
The stream included theoretical interventions to re-imagine the normative relationships between space, societies, climate change, environmental protection and the cryosphere as a sanctuary, as well as artistic contributions.
Contributors included NCLOS Director Professor Vito De Lucia (paper: "The Arctic as Sanctuary: Anamnesis of a concept"), and PhD students Apostolos Tsiouvalas (paper: "One map to rule them all? Revisiting legalities through cartographic representations of the Northwest Passage", co-authored with NCLOS Associate Professor Jan Solski), Konstantinos Deligiannis Virvos (paper: "Escaping the sanctuary of ice: the thawing of permafrost and the release of microbes"), and Nikoloas Gkikas, who presented an artistic contribution, a short film titled 'Blackletter Stains", for which he was director and writer.
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21.09.2023:
Short report from our recent trip to University of Strathclyde
On September 15 and 16, NCLOS visited University of Strathclyde in Glasgow, Scotland to discuss "the rights of nature".
Short report from our recent trip to University of Strathclyde
On September 15 and 16, NCLOS visited University of Strathclyde in Glasgow, Scotland to discuss "the rights of nature".
On the first day, NCLOS' PhD student Apostolos Tsiouvalas gave a guest lecture for the students at the Strathclyde Centre for Environmental Law & Governance (SCELG) in Glasgow.
The next day, Tsiouvalas, along with NCLOS Director Professor Vito De Lucia and PhD students Mana Tugend, participated in a networking and exchange workshop on ‘the rights of nature’. Staff from both NCLOS and SCELG shared their current research projects and ongoing work, with the view of establishing a more formal collaboration on the theme of rights of nature, including exploration of possible joint project and publications.
Thank you SCELG for having us!
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25.08.2023:
The Ocean Incubator Network (OIN) has received funding from the UArctic
The OIN is coordinated by Research professor Margherita Paola Poto, NCLOS and the UiT - Faculty of Law.
The Ocean Incubator Network (OIN) has received funding from the UArctic
The OIN is coordinated by Research professor Margherita Paola Poto, NCLOS and the UiT - Faculty of Law.
In the years 2023-2025, the OIN will bring together experts, local authorities and education institutions, from across the UArctic to develop integrated research and education programs with the primary objective of accelerating Ocean Literacy (OL) to advance the attainment of Sustainable development goal (SGD) 4 (quality education and lifelong learning for all), SDG 5 (gender equality), and SDG 14 (protecting life below water) throughout Arctic communities.
OIN involves academic staff, students, teachers, pupils of all ages and Arctic indigenous communities in learning about OL topics including marine ecology, blue sustainability, ocean rights and governance. Our primary activity is the OIN interactive workshop where a pilot ocean education program and a curriculum on Ocean Literacy will be developed by participants (month 6). Follow up activities and milestones include: a co-authored cross-disciplinary publication on OL; footage for a digital library and podcast series on different partners approaches to OL (month 6-24).
Project partners include:
- The Department of Geosciences, UiT The Arctic University of Norway (Giuliana Panieri)
- The Arctic Governance Research Group and Science Communication Department, Arctic Centre, University of Lapland, Rovaniemi, Finland (Stefan Kirchner, Katharina Heinrich, Markku Heikkilä, Anne Raja-Hanhela)
- The University of Edinburg, Scotland (Sarah Parry and Murray Roberts)
- The James Hutton Institute, Scotland (Katrina Brown)
- Women of the Arctic, Finland & Marine & Environmental Law Institute, Schulich School of Law, Dalhousie University (Tahnee Prior)
- The Center for Ocean and Society, CeOS at Kiel University, Germany (Annegret Kuhn)
The network also marks an important milestone in the coordination and upscale of existing projects coordinated by the network partners (ECOCARE and Akma2 Ocean Senses) and aims at coaching and mentoring a new generation of interdisciplinary researchers and students across the UArctic and beyond.
More on the UArctic funded projects can be found here!
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16.08.2023:
"Comprehending the relationships between the environment and society is what drives my productivity”
Margherita Paola Poto was the third most publishing UiT researcher in 2022.
"Comprehending the relationships between the environment and society is what drives my productivity”
Margherita Paola Poto was the third most publishing UiT researcher in 2022.
"As a Research Professor at the Faculty of Law UiT – The Arctic University of Norway, I take great pride in being ranked as the third most productive researcher at UiT in 2022," states Margherita P. Poto.
Expressing her excitement about her achievements over the past years, Margherita emphasizes, "I am truly thrilled by the progress I have made. In my role at NCLOS and UiT's Faculty of Law, I lead various significant projects, including spearheading the ECOCARE project and contributing to initiatives like SECURE and the COPROKNET network."
Margherita elaborates, "My satisfaction stems from not only writing scholarly papers and sharing research findings but also from collaborating with brilliant minds from around the world. To me, this is immensely rewarding."
In addition to traditional academic outputs such as papers, book chapters, and monographs, Margherita’s work incorporates innovative elements like storytelling, illustrations, and infographics. "My aim is to communicate intricate ideas in a more accessible and engaging manner," she explains.
Her research encompasses a diverse array of topics, ranging from climate governance to food security and indigenous knowledge integration. Margherita considers this diverse research portfolio to be a central aspect of her work.
"I strongly believe in the intrinsic interconnectivity of environmental discussions, actively seeking opportunities to collaborate with experts from various fields. Their perspectives enrich my understanding and help me navigate the complexities of cross-disciplinary research. My commitment to comprehending the relationships between the environment and society is what drives my productivity," Margherita asserts.
Her work at UiT's Faculty of Law has also led her to play a role in bridging the gap between scientific knowledge and indigenous wisdom. "Through my work, I envision fostering an environment where the collaborative exchange of scientific insights and indigenous knowledge can flourish. By acknowledging the value of indigenous wisdom, we can enhance our scientific pursuits and contribute to culturally respectful and integrated solutions," she suggests.
According to Margherita, research is a collective effort, and she expresses her gratitude by saying, "I extend my heartfelt thanks to Edel Elvevoll, Giuliana Panieri, Valentina Russo, Emily Murray, Laura Vita, Giulia Parola, Juliana Hayden, and Lise Myrvang for their inspiring contributions that fuel me every day."
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28.06.2023:
[Blog] Deep-Sea Minerals Exploitation: The 2-Year Rule Deadline is Running Out, What Happens Next?
Associate Professor Maria Madalena das Neves has written a blog post about the ongoing discussions of the ISA on deep sea minerals exploitation. She reflects on the interpretation and application of Section 1(15) of the Annex to Part XI Agreement and on the legal basis for a moratorium.
23.06.2023:
[Blog] The Nord Stream Pipelines through the Lens of Law and Geopolitics
In a new post on the NCLOS blog, Timo Koivurova and Theresa Winkel discuss the Nord Stream Pipelines through the Lens of Law and Geopolitics.
31.05.2023:
[Blog] Towards a UN Plastic Pollution Treaty: Negotiations and Progress before INC2
This week marked the beginning of the second round of negotiations of the Intergovernmental Negotiating Committee (INC2) on a new treaty focused on plastic pollution, including the marine environment (the Plastics Treaty). One of our visiting students, Charles Bennett, has written a blog post on the subject!
08.05.2023:
[Article] From “Common Pools” to “Fish Pools”: Shifting Property Institutions in Traditional Waters of Norway and Canada
Apostolos Tsiouvalas, PhD Fellow at NCLOS, and Jen Evans of the Arctic Institute recently co-authored an article in the journal Ocean Development and International Law titled 'From “Common Pools” to “Fish Pools”: Shifting Property Institutions in Traditional Waters of Norway and Canada'. The article explores the concept of 'ocean commons' and debates how the enclosure of common areas for the purpose of aquaculture development may clash with Indigenous and local conceptions of common pool resource management.
28.04.2023:
[Tavla] Call for papers - The Annual NCLOS Conference - 2023
Our annual conference is taking place in Tromsø, Norway from November 1st till 3rd, 2023. Ocean commons is the theme of the conference. Please submit abstracts by June 30th.
27.04.2023:
Article on Plastic Waste Trading wins Richard Macrory Prize!
The prize recognizes the most thought-provoking and innovative article published in the Journal of Environmental Law the previous year.
Article on Plastic Waste Trading wins Richard Macrory Prize!
The prize recognizes the most thought-provoking and innovative article published in the Journal of Environmental Law the previous year.
The Norwegian Centre for the Law of the Sea is delighted to congratulate Associate Professor Eva van der Marel on (jointly) being awarded the Richard Macrory Prize for 2022 for her article ‘Trading Plastic Waste in a Global Economy: Soundly Regulated by the Basel Convention?’ (2022) 34(2) Journal of Environmental Law 477-497. The prize recognizes the most thought-provoking and innovative article published in the Journal of Environmental Law the previous year, and was awarded jointly to Eva and to Chris Hilson, for his paper ‘The Role of Narrative in Environmental Law: The Nature of Tales and Tales of Nature’.
Eva's article explores the implications of the Basel Convention's plastic waste amendments as part of the global transition to a more sustainable plastic economy. It examines how certain key categories of plastics continue to be excluded from the Convention, provided they are destined for recycling in an "environmentally sound manner" (ESM recycling). The exact interpretation of ESM recycling is therefore worthy of attention, as it reveals much about the kind of plastic economy that the Convention supports, which, as shown in this paper, continues to risk mismanagement of plastic waste abroad. Absent sound regulation, the article therefore suggests that there is a need to reimagine the role of the country of export, and strengthen its responsibilities to ensure the sound management of plastic waste abroad.
The evaluation committee praised Eva's paper for its systematic and significant contribution to the literature. They described it as authoritative in its doctrinal assessment of a crucial multilateral environmental agreement, as well as displaying a true depth of insight that challenges prevailing assumptions. The country of export is a key player in the waste trade and this article shines a much needed, and deeply analytical, light about the responsibilities of this country. The paper also draws carefully and authoritatively on jurisprudence from international courts and tribunals to provide an article that will become an international reference point.
We at the Norwegian Centre for the Law of the Sea congratulate Eva, and we look forward to her continued contributions to this area of law.
"The Journal of Environmental Law is one of the most esteemed publications in environmental law. This award is a significant recognition of the work Eva has done, and we are thrilled and proud to have her on board at the Norwegian Centre for the Law of the Sea and the UiT - Faculty of Law," says Professor Tore Henriksen, Dean at the UiT - Faculty of Law.
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25.04.2023:
We are hosting this summers ATTR: Authoritative Texts and Their Receptions school!
The ATTR is a National PhD school for cutting edge textual scholarship within Law Studies, the Humanities, Religion, and Theology. The theme of this summer school is the ‘Oceans’, and it will take place in Tromsø from June 12-16, 2023. The OCEAN seminar will harbour a «thick» conversation on traditions, discourses, beliefs, and regimes that regulate human interaction with, and exploitation of, the world oceans.
18.04.2023:
[Blog] CITES and the BBNJ Treaty: Some Reflections
In the latest post on the NCLOS blog, our PhD Research Fellow Mazyar Ahmad explores how the BBNJ and CITES legal regimes relate to each other and whether they overlap.
13.04.2023:
[Ocean Development & International Law] The Polar Code Process and Sovereignty Bargains: Comparing the Approaches of Canada and Russia to POLARIS
Our Postdoc Jan Solski has published an article comparing Canada and Russia's regulatory approaches in ensuring safe Arctic shipping through POLARIS.
30.03.2023:
Call for abstracts! Innovating for Change in Global Fisheries Governance
The Norwegian Centre for the Law of the Sea (NCLOS) is pleased to announce the upcoming in-person workshop (September 14th and 15th) ‘Innovating for Change in Global Fisheries Governance’. The deadline for the submission of abstracts is May 31st 2023. Please send an abstract of your paper and a short biography (not exceeding 2 pages in total) to Eva (eva.v.marel@uit.no).
28.02.2023:
[Blog] Bolstering the Area’s Benefits to Humankind
In the latest post on the NCLOS blog, Samantha Robb, a legal research assistant at the Royal Netherlands Institute for Sea Research (NIOZ), comments on the call for a moratorium on deep seabed mining and UNCLOS' common heritage of mankind principle.
07.02.2023:
What is the future of Arctic Law and Governance?
NCLOS is developing a new international network and bringing together researchers from renowned research institutions with the ambition of answering this question.
What is the future of Arctic Law and Governance?
NCLOS is developing a new international network and bringing together researchers from renowned research institutions with the ambition of answering this question.
When an expert committee evaluated Norwegian legal research in 2021 one of the conclusions was that legal research in Norway would benefit from more international cooperation and be more internationally oriented. To further this goal, the Norwegian Research Council advertised funds for developing international legal research networks.
Future Arctic Law and Governance (FALG) is one of the projects that has been granted funding. The project aims to strengthen international research cooperation to provide new insights and knowledge on the challenges and possibilities for the future of ocean governance in the Arctic.
The backdrop of the project is that the marine Arctic is under a combined pressure from climate change, melting icecaps, and increased human activity which results in additional pressure on Arctic ecosystems. The geopolitical situation in the Arctic is also changed, because of Russia's attack on Ukraine.
“Given these developments and societal changes, there is a need for international research collaboration and new knowledge about the challenges to and opportunities for a sustainable management of the marine Arctic,” Professor Ingvild Ulrikke Jakobsen explains. Professor Jakobsen is the leader of the Norwegian Centre for the Law of the Sea which is an international research centre and a UiT Aurora Centre, a competitive scheme for funding of strong research groups.
The funding enables NCLOS to develop and operate a strong international academic network that will bring together researchers from both Norwegian and international research institutions, with expertise in the law of the sea and ocean governance. Institutions from Norway, Denmark, Finland, the UK, Italy, and Canada are already involved in the project.
As part of the project NCLOS will arrange international meetings and workshops, invite guest researchers to UiT, and a new PhD course. The PhD course will be held in Tromsø and will be open to doctoral students from other institutions.
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26.01.2023:
[Blog] Introduction to the Outcomes of the 2022 NCLOS Conference on Ocean Space
The Norwegian Centre for the Law of the Sea (NCLOS) organized a two-day conference, from 23-24 November 2022 as a response to the current challenges caused by the zonal architecture of the Law of the Sea and Ocean Governance (LOSOG) framework and pressing material, epistemic dynamic challenges.
24.01.2023:
Expert list: The Svalbard Treaty
This week the Norwegian Supreme Court is having plenary hearings in a case on Snow crab catch and the geographical scope of the Svalbard Treaty. At the Norwegian Centre for the Law of the Sea we have several leading experts on the Svalbard treaty.
04.01.2023:
[Article] Protecting the marine environment from the impacts of climate change: A regime interaction study
The worlds oceans are being adversely affected by climate change, regulations are needed to help reduce these negative effects. Unfortunately, neither the Law of the Sea nor the climate change legal regime specifically address the effect climate change has on the oceans.
In his latest article, Bastiaan E. Klerk, PhD Research Fellow at NCLOS discusses how the Paris Agreement should be considered when interpreting Part XII of the United Nations Convention on the Law of the Sea (UNCLOS).
07.12.2022:
(Re-)subscribe to the NCLOS blog newsletter!
Due to some technical changes our old newsletter no longer exists. If you still want to receive updates on new blogposts per e-mail you can subscribe here!
29.11.2022:
[New article] Sailing with TWAIL: A Historical Inquiry into Third World Perspectives on the Law of the Sea
In his latest article in the Chinese Journal of International Law, postdoc Endalew Lijalem Enyew uses the Third World Approaches to International Law as a theoretical and methodological lens to critically analyze the historical development of the Law of the Sea.
He argues that the rules and principles of the traditional law of the sea were conceptualized by and designed to promote the colonial interests of Western States. Nonetheless, Third World States consistently challenged the old legal order of the sea and played significant roles in the evolution of existing doctrines and the development of the new spatial architecture of the oceans and the associated principles.
He concludes that, despite such efforts of Third World States to reorient the law of the sea in a manner to address their interests, their protection under current international law remains fragile in many areas, which areas continue to be subjects of the ongoing Third World struggle.
28.11.2022:
International cooperation on ocean governance in the Arctic in the wake of Russia's invasion of Ukraine?
This is the theme of a digital symposium Thursday, December 1st 17:15-19:00.
International cooperation on ocean governance in the Arctic in the wake of Russia's invasion of Ukraine?
This is the theme of a digital symposium Thursday, December 1st 17:15-19:00.
The Arctic Ocean is undergoing rapid changes, paving the way for new human activities in an extreme and fragile environment. This creates the need for precautious, adaptive, holistic, and science-based management, otherwise called ecosystem-based management (EBM).
What are the prospects for the sustainable governance in a time when the very foundation for Arctic cooperation is put under question due to the reactions to the war in Ukraine? What are the future scenarios for Arctic governance, what are the main drivers, and can we still aim for sustainable management of human activities in the foreseeable future?
These questions form the backdrop for a digital symposium Thursday, December 1st 17:15-19:00. The event is part of a research project Sustainable Development of the Arctic Ocean (SUDARCO).
The High North Research Centre for Climate and the Environment (The Fram Centre) is the leading institution on the SUDARCO project. Professor Vito De Lucia and Postdoc Jan J. Solski, both from NCLOS are members of a work package that focuses on Law of the Sea and social science issues.
The event takes place on Zoom, the link will be sent to the registered participants.
Register for the event by using this form (deadline November 29th)!
Read more about the program here!
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23.11.2022:
Stream the NCLOS conference November 23rd and 24th!
By following the links below you can follow the conference even though you could not make it to Tromsø this year!
16.11.2022:
From Cameroon to Tromsø with a UN Nippon foundation scholarship!
Sheila Kong Mukwele is currently a guest researcher at the Norwegian Centre for the Law of the Sea.
From Cameroon to Tromsø with a UN Nippon foundation scholarship!
Sheila Kong Mukwele is currently a guest researcher at the Norwegian Centre for the Law of the Sea.
- Being a guest researcher in Tromsø has been very interesting so far. It has been amazing to experience both the northern lights and the midnight sun, as well as the hospitality from UiT and the people of Tromsø, Sheila asserts.
It was a fellowship from the United Nations and the Nippon Foundation that brought her to Tromsø. The fellowship provides professionals from developing countries with advanced training on ocean affairs and the law of the sea.
While in Tromsø, Sheila is writing a thesis about the challenges and opportunities when it comes to creating transboundary marine protected areas (MPAs) in the Southeast Atlantic subregion.
In particular, Sheila is looking at the possibility of a transboundary MPA in the area between Cameroon and Nigeria, as the two neighbouring countries share a vast maritime domain.
She explains that both Nigeria and Cameroon, as well as the other coastal states from Mauritania in the north, to South Africa in the south are state parties to the Abidjan Convention of 1981. The Abidjan Convention is an environmental treaty under the UN Regional Seas programme, and it is part of the context for Sheilas research.
Before becoming a law of the sea researcher, Sheila spent many years as a diplomat in the Cameroonian ministry of external relations. But her interest for the Law of the Sea was sparked during her undergraduate studies.
While she was working on her Master of Law dissertation “The Legal Management of Problems Concerning the Marine Environment in Africa: A Critical Overview” Sheila did an internship at the International Tribunal for the Law of the Sea in Hamburg.
- The more I learn about the Law of the Sea, the deeper my interest in ocean governance becomes, she asserts.
How does the Law of the Sea and Ocean Governance look from a Cameroonian perspective you might ask?
- Right now, Cameroon does not have an ocean act or an ocean policy, Sheila explains.
But things are happening, as Cameroon is part of the DOALOS and NORAD partnership of assistance on ocean governance. Among other things this may result in Cameroon's Ocean act.
- I think there is a great potential in the maritime domain for the development of Cameroon and the wellbeing of its inhabitants, Sheila concludes.
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14.11.2022:
Vacant positions at NCLOS!
We have two vacant postdoc positions as well as one vacant position as PhD Fellow in Law.
12.11.2022:
[Blog] A Methodology for Evaluating the Ecosystem Approach in National Laws and Policies
In the latest post on the NCLOS blog, Postdoc Lena Schöning aims to suggest and sketch ways of evaluating the implementation or translation of the ecosystem approch in laws and policies.
19.10.2022:
Did you miss out on SIRAWs concluding events and the Critical Legal Conference 2022?
Dont worry, the latest volume of The Polar Journal contains conference reports written by two NCLOS researchers.
Did you miss out on SIRAWs concluding events and the Critical Legal Conference 2022?
Dont worry, the latest volume of The Polar Journal contains conference reports written by two NCLOS researchers.
This fall Norwegian Centre for the Law of the Sea has hosted a series of events to conclude the Regulating Shipping in Russian Arctic Waters: Between International Law, National Interests and Geopolitics (SIRAW) project, in addition to this the UiT Faculty of Law has been host to the Critical Legal Conference 2022.
In the latest volume of The Polar Journal Postdoc Jan Solski, and PhD Research Fellow Apostolos Tsiouvalas has each written a conference report. The two events complement each other, as they assume different perspectives on law in the Arctic.
Read Jan Solskis conference report “The Northern Sea Route at the crossroads: what lies ahead after the war in Ukarine?” (open access)!
Apostolos Tsiouvalas conference report “‘Hyperborean Legalities: critical approaches to Polar Law’, Critical Legal Conference 2022”, can be read here (open access)!
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17.10.2022:
[Blog] Operationalizing the Ecosystem Approach in the BBNJ Treaty
In the latest post on the NCLOS blog, Professor Vito De Lucia articulates concrete suggestions for a meaningful integration of the ecosystem approach in the BBNJ treaty.
10.10.2022:
How does the Law of the Sea interact with other Legal regimes?
This is the question at the core of a newly published anthology that concludes the objectives of the K. G. Jebsen Centre for the law of the sea.
How does the Law of the Sea interact with other Legal regimes?
This is the question at the core of a newly published anthology that concludes the objectives of the K. G. Jebsen Centre for the law of the sea.
The world’s oceans are utilized by humans for a wide range of purposes, from fishing, transportation of people and commodities to research on marine organisms. This in turn causes overlap between the Law of the Sea and other legal regimes. To put it simply, a legal regime is a framework comprised of rules and principles that are supposed to govern something, such as for example the seas or international trade.
In contrast with national law, public international law is not a hierarchically structured legal system. So even though the 1982 United Nations Convention on the Law of the Sea (UNCLOS) is the cornerstone of the law of the sea, the convention is not necessarily lex superior nor lex specialis when interacting with other legal regimes regarding issues relevant for the oceans.
The anthology “The Law of the Sea - Normative Context and Interactions with other Legal Regimes” offers expertise from different fields and perspectives to highlight topics where the interaction between law of the sea and other fields of international law are particularly relevant.
Among the contributors are several researchers from the Norwegian Centre for the Law of the Sea (NCLOS). Professors Elise Johansen, Magne Frostad and Vito De Lucia, Postdoctor Endalew Enyew, and Associate Professor Maria Madalena das Neves has each contributed a chapter to the anthology.
In addition to contributing a chapter on legal interactions between climate change and the Law of the Sea regimes, Elise Johansen has co-edited the volume. In her chapter she shows that the challenges posed where the law of the sea regime and the climate change regime interact, are not so much that of colliding norms, but rather that of gaps and shortcomings in both legal regimes. As an example, Johansen points out that neither of the law of the sea nor the climate change regime directly addresses the problem of ocean acidification.
Together with Nigel Bankes, Endalew Enyew analyses whether coastal states obligations under UNCLOS are compatible with maintaining the human rights of indigenous people. They show how the two legal regimes can collide if an indigenous community seeks to control access to their saltwater territories, in a way that interferes with other states navigational rights.
Vito De Lucia reviews and analyses the interlinkage between key concepts in UNCLOS, the Convention on Biological Diversity and the ongoing process towards adopting a global treaty on marine biodiversity in areas beyond national jurisdiction (the "BBNJ" process). Frostads chapter deals with the use of the seas in peace and armed conflict. Finally, Maria Madalena das Neves chapter deals with interaction between the law of the sea and international investment law.
The Norwegian Centre for the Law of the Sea was founded in 2013, as a partnership between the Kristian Gerhard Jebsen Foundation and UiT the Arctic University of Norway. Until 2019 the centre was in fact named the K. G. Jebsen Centre for the Law of the Sea. The release of this anthology concludes the objectives of the K. G. Jebsen research centre.
Professor Tore Henriksen, dean of UiTs law faculty, cofounder, and former leader of NCLOS is happy to see the last JCLOS-project coming to completion.
- To analyse how the law of the sea functions together with other regimes in international law, is of great importance to get a complete picture of the law of the sea in practice. Therefore, I am very proud of what the law of the sea centre has achieved so far, and I am very excited for what the future of NCLOS will bring, Professor Henriksen asserts.
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04.10.2022:
[Blog] The Problems of Overlapping Governance on the Arctic Continental Shelves Pending Delineation and Delimitation
In the latest post on the NCLOS blog, Dr. Ekaterina Antsygina & Cornell Overfield challenge the assumption that the the arctic seabed beyond the EEZs of the coastal states remain ungoverned due to the lack of recommendations by the Commission on the Limits of the Continental Shelf.
20.09.2022:
The annual NCLOS conference 2022 is open for registration!
The conference takes place 23rd and 24th of November in Tromsø.
The annual NCLOS conference 2022 is open for registration!
The conference takes place 23rd and 24th of November in Tromsø.
Ocean spaces and ecosystems are often connected in complex and multiscale ways and resist fixed legal delineations. The United Nations Convention on the Law of the Sea (UNCLOS), by contrast, divides ocean space into different maritime zones thus fragmenting the ocean environment and subsuming each fragment to a different legal regime.
Even though the preamble of UNCLOS does recognize that “the problems of ocean space are closely interrelated and need to be considered as a whole”, it arguably remains essentially sectoral in approach. This approach is challenged by phenomena such as climate change and land-based marine pollution.
These questions are part of the backdrop when the Norwegian Centre for the Law of the Sea brings together established scholars and post-doctoral and doctoral researchers from across the world to share research and provide a forum for in-depth and inspiring discussions on the Conference theme “Ocean Space”.
Registration for the conference is open for everyone with interest for the Law of the Sea and the theme of the conference.
Read more about the theme “ocean space”, registration, the program, traveling and accommodations on the conference websites!
Additional questions can be asked Signe Busch (signe.busch@uit.no) and Christin Skjervold (christin.skjervold@uit.no).
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15.09.2022:
[Blog] New Draft Law on the Russian Arctic Straits – Putin’ Money Where the Mouth is?
In the most recent post on the NCLOS blog, Postdoc Jan Solski comments on a new russian draft law that deals with the right of entry of foreign warships to internal waters in the Northern Sea Route (NSR). Solski analyses the proposed legislation in the larger context of other documents recently adopted by the Russian Federation.
12.09.2022:
New article "The Polar Silk Road and the future governance of the Northern Sea Route"
Jan Solski, postdoc at NCLOS has coauthored an article on Russian and Chinese approaches to the law of the sea. By comparing the coastal State practice of China and Russia, Solski and Nengye Liu tease out the legal implications of the Polar Silk Road for the future of the Northern Sea Route. The article is published as open access in the Leiden Journal of International Law!
24.08.2022:
New book on Hybrid Threats and the Law of the Sea
Postdoc Alexander Lott has authored a book that was published August 23rd by Brill Nijhoff.
New book on Hybrid Threats and the Law of the Sea
Postdoc Alexander Lott has authored a book that was published August 23rd by Brill Nijhoff.
Hybrid Threats and the Law of the Sea debates the practice of states that have resorted to discriminatory navigational restrictions or aggression against foreign ships and aircraft in densely navigated straits. The book explores both widely acknowledged and lesser-known maritime incidents that meet the characteristics of hybrid warfare or hybrid conflict. This research approaches hybrid threats from the perspective of the interrelationship between navigational restrictions, law enforcement, armed attack, and the legal regime of straits. It provides guidance for determining whether the rules of armed conflict or law enforcement are applicable to various naval incidents.The e-book can be downloaded here: https://brill.com/view/title/61785
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27.07.2022:
[Blog] Recognizing Recognition: An Indispensable Element in a Global Regime for High Seas Marine Protected Areas
In the latest post on the NCLOS blog, PhD research fellow Baastian E. Klerk comments on recognition of regional and sectoral marine protected areas (MPAs) under the international legally binding instrument (ILBI) on biodiversity beyond national jurisdiction (BBNJ).
14.06.2022:
[Blog]: The last drink of the Whisky-War: A commentary on the boundary delimitation agreement on disputed areas between Canada and Denmark (Greenland)
In the most recent post on the NCLOS blog, Associate Professor Signe Veierud Busch provides a commentary on the need-to-know about the boundary delimitation agreement between Canada and Denmark (Greenland), signed on 14th June 2022.
30.05.2022:
[Blog] Can the BBNJ Treaty Support Dynamic Management for Arctic MPAs?
In the most recent post on the NCLOS blog, Andrea M. Fisher highlights one novel approach to area-based management called Dynamic Ocean Management, and its potential for conserving biodiversity beyond national jurisdiction.
16.05.2022:
Alexander Lott awarded with the Estonian Young Scientist Award!
Lott is currently researching hybrid naval warfare as a postdoc at the Norwegian Centre for the Law of the Sea.
Alexander Lott awarded with the Estonian Young Scientist Award!
Lott is currently researching hybrid naval warfare as a postdoc at the Norwegian Centre for the Law of the Sea.
Alexander Lott receiving the Young Scientist Award from the Estonian president Alar Karis.
Thursday 12th of May, Alexander Lott was awarded the president’s Young Scientist Award in Tallinn. The prize is awarded annually to one scientist aged 35 or younger who has achieved outstanding results in Estonian scientific research (two other awards are handed to IT and environmental scientists).
After receiving the award, Lott delivered a presentation on his research and answered questions from the media on the law of the sea and security law.
Alexander Lott has recently published the blogpost "Guidelines for Grey Zone Naval Incidents: Distinguishing between the Rules of Armed Conflict and Law Enforcement" on the NCLOS blog, read it here!
Read more about Alexander Lotts research here!
Read more about his project “Law of the Sea and Hybrid Warfare (LOSFARE)” here!
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12.05.2022:
Vacant position as an associate professor!
The deadline for applications is 23rd of May.
03.05.2022:
[Tavla] Call for papers!
The Norwegian Centre for the Law of the Sea (NCLOS) is pleased to announce the call for papers for its annual Conference, which will be organized in Tromsø, Norway, November 23-24, 2022.
29.04.2022:
[BLOG] Guidelines for Grey Zone Naval Incidents: Distinguishing between the Rules of Armed Conflict and Law Enforcement
In the most recent post on the NCLOS blog, postdoc Alexander Lott takes a closer look on the distinction between naval warfare and maritime law enforcement.
06.04.2022:
New PhD at NCLOS!
We congratulate Kristine Elfrida Dalaker who successfully defended her thesis on 6th of April.
New PhD at NCLOS!
We congratulate Kristine Elfrida Dalaker who successfully defended her thesis on 6th of April.
From the left; dean Tore Henriksen, Kristine Elfrida Dalaker, PhD, and Professor Ingvild U. Jakobsen, leader of the Norwegian Centre for the Law of the Sea. Foto: UiT.
The title of her dissertation is “Robust Institutional Arrangements for the Conservation and Sustainable Use of Marine Biodiversity in Areas Beyond National Jurisdiction”. She was given the subject “The Role of the United Nations in the Development of the Law of the Sea” for her trial lecture.
The assessment commitee was comprised of first opponent Professor James Harrison, Edinburgh Law School, second opponent Professor Elisa Morgera, University of Strathclyde, and finally Professor Irene Vanja Dahl, Norwegian Centre for the Law of the Sea. The disputation was led by professor Tore Henriksen, dean at the UiT – Faculty of Law.
Short popular scientific summary of the thesis:
This dissertation investigates the robust institutional arrangements that will be needed to implement the treaty that is being negotiated under the auspices of the United Nations for an international legally binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS) for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). If the negotiations are to conclude with a treaty that can meet its objective of ensuring the long-term conservation and sustainable use of BBNJ, the treaty must be built on an institutional foundation and architecture that is sufficiently robust to ensure its successful implementation.
This author has selected Elinor Ostrom’s theoretical framework of polycentric governance as the relevant framework to examine how to build robust institutional arrangements for the BBNJ treaty. Ostrom identified the best practices of institutional arrangements that had achieved sustainable outcomes for common-pool resources in developing her theoretical framework for polycentric governance. Ostrom presented the institutions’ best practices, or ‘design principles’, as those factors that contribute to the robustness of institutional arrangements.
Given that Ostrom’s framework is a study in robustness, it provides the means for this dissertation to answer the research question posed by this study regarding the robust institutional arrangements that will be needed for the implementation of the BBNJ treaty. Focus is given in the analysis to Ostrom's eighth design principle for nested enterprises and the requirements for adaptive governance using a law of the sea example of nested governance. The research question is answered by analyzing the three articles that comprise this article-based dissertation. The analysis renders recommendations for the building of robust institutional arrangements for the BBNJ treaty that would provide the legal authority for the implementation and operationalization of the treaty.
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29.03.2022:
[Tavla] Defense of dissertation - Kristine Elfrida Dalaker
On April 6th the doctoral student will publicly defend her thesis “Robust Institutional Arrangements for the Conservation and Sustainable Use of Marine Biodiversity in Areas Beyond National Jurisdiction”. She has been given the subject “The Role of the United Nations in the Development of the Law of the Sea.” for her trial lecture.
29.03.2022:
[Blog] Maritime Delimitation in the Indian Ocean: Has the ICJ marginalized the geological and geomorphological criteria in favor of a distance related criteria?
In the most recent post on the NCLOS blog, associate professor Signe V. Busch takes a closer look at whether the ICJ Somalia v. Kenya judgment is in accordance with previous judicial practice when dealing with the outer continental shelf delimitation.
![Mathilde_bilde[12]cropped.jpg](https://uit.no/Content/768804/cache=20222303081214/transformation=scale10000x560/Mathilde_bilde%5B12%5Dcropped.jpg "Mathilde_bilde[12]cropped.jpg")
24.03.2022:
Can we make food for a growing global population in a sustainable way?
Perhaps the answer lies in the use of marine resources from lower trophic levels. Mathilde Morel who is a PhD research fellow at the Norwegian Centre for the Law of the Sea is writing her dissertation on the subject.
Can we make food for a growing global population in a sustainable way?
Perhaps the answer lies in the use of marine resources from lower trophic levels. Mathilde Morel who is a PhD research fellow at the Norwegian Centre for the Law of the Sea is writing her dissertation on the subject.
Mathilde Morel, doctoral research fellow holding a fish. Photo: PrivateAlthough it may seem so based on the headline, you have not strayed into the websites of the Faculty of Biosciences, Fisheries and Economics. We have met Mathilde Morel who is a lawyer and PhD research fellow at the Norwegian Centre for the Law of the Sea, where she researches legal issues related to increased use of marine resources from lower trophic levels in the Norwegian aquaculture industry.
With her doctoral project, Mathilde wants to contribute with legal research that can make the aquaculture industry better equipped to handle climate and environmental challenges.
Together with researcher Margherita Paola Poto, she is one of two lawyers associated with the research project Novel Marine Resources for Food Security and Food Safety (SECURE). The project, led by Edel O. Elvevoll, Professor of Industrial Food Sciences, has approximately twenty-five affiliated researchers who are trying to find out how to sustainably utilize new marine resources to feed a growing world population.
What is meant by trophic levels you may ask?
Mathilde explains that the term "trophic level" describes the level in a food chain where an organism resides. In any food chain, the lowest trophic level is occupied by the primary producers. In the ocean, these are marine algae and photosynthetic bacteria. The next level consists of those who eat the primary producers, such as small zooplankton and fish larvae, Mathilde explains.
Low-trophic resources have a large and untapped potential, and can be used for both human food, raw materials for animal feed, health products and supplements, biofuels and more. Even though Norway has a long coastal zone and large sea areas, access to marine areas will still be a key challenge in the forthcoming time.
If Norway is to increase the production volume of low-trophic marine species (for example, the farming of seaweed, kelp, sea cucumbers, sea urchins and various forms of mussels) as part of the green shift, it will have to compete for areas with both new activities such as offshore wind, but also with existing activities such as shipping, tourism, mineral extraction on the seabed and fishing. These are challenges that cannot easily be solved without a good framework for ocean management, she explains.
Another challenge is that current regulations are mainly adapted to the traditional aquaculture farming types such as salmon and trout. For example, there are no adapted solutions for multitrophic aquaculture, where different species are cultivated together. The idea is that such facilities can both reduce waste and create added value by allowing waste consumers to be used, for example for animal feed.
Research, technology, and innovation are evolving at a faster pace than regulation. The challenge is to develop a set of rules that at the same time enables both innovation and sustainable growth, but this is, as you probably understand, easier said than done. Therefore, it is important that also jurisprudence is produced in this field, she states.
Most of the greenhouse gas footprint of salmon farming comes from feed.
Mathilde is writing an article-based dissertation and is currently working on her first article, which she is writing together with Andreas Langdal, a PhD research fellow at the Norwegian College of Fishery Science and part of the SECURE project. Together, the two have looked at legal measures to reduce the climate footprint of salmon farming.
Most of the greenhouse gas footprint of salmon farming comes from feed, where in particular the use of soy protein imported from Brazil contributes to the destruction of forest areas to expand the agricultural industry.
Although those engaged in aquaculture are subject to many and detailed requirements, there are few legally binding mechanisms in place that make demands on or hold feed producers accountable, either at international or national level. This is a major challenge when it comes to reducing emissions, she points out.
- We are already in the process of a green shift. As part of this, we must change our diets and the types of feed ingredients used in food production. Low-trophic farming can contribute to the production of more sustainable food, at the same time as relieving the pressure on fish stocks that are currently overfished and may in the long term replace the use of soy as feed, Mathilde states.
- To ensure that such sustainable solutions in the aquaculture industry and society in general can have the best possible growth conditions, it is crucial to have the right management tools and regulatory processes in place, she concludes.
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22.03.2022:
Research on hybrid naval warfare receives funding from the Marie Curie scholarship!
We had a chat with the mastermind behind the project, postdoc Alexander Lott.
Research on hybrid naval warfare receives funding from the Marie Curie scholarship!
We had a chat with the mastermind behind the project, postdoc Alexander Lott.
Alexander Lott, postdoc at NCLOS. Photo: UiT
Thanks to the funding from the Marie Curie scholarship Alexander Lott will be able to spend the next two years delving into the topic of hybrid naval warfare. Among other things, this will result in a book, research articles, several workshops, and guidelines for decisionmakers at the state level.
But what is really hybrid naval warfare?
- There is no formal legal definition of the term hybrid warfare. So as a legal concept it is somewhat ambiguous. Therefore, there is an inherent risk when categorizing various incidents as falling within or outside the framework of hybrid warfare, Lott explains.
According to Lott there are traditionally two sets of rules used to assess the use of force at sea. On one hand the rules of peacetime law enforcement, and on the other side the rules of naval warfare. – You can say that hybrid warfare happens within a grey zone where it is uncertain whether it is peacetime or wartime rules that apply.
Lott suggests that the existence of such a grey zone is somewhat related also to the divergence of the relevant case law of international courts and tribunals. – For example, the ICJ has established in 1986 and 2003 that the use of force needs to meet a gravity threshold to qualify as an armed conflict. Whereas the International Criminal Tribunal for the former Yugoslavia and the International Committee of the Red Cross argue that the gravity of the use of force is not the prerequisite criterion for the use of force between states to reach the level of an international armed conflict, Lott explains.
As a phenomenon hybrid warfare has gained prominence in the last years, particularly after the Russian annexation of Crimea in 2014, attacks against oil tankers in the Strait of Hormuz in 2019, as well as the Yemeni conflict which has spilled over in attacks against neutral ships in the Persian Gulf, and the tensions in the Taiwan strait.
– In my research I am trying to find out if the concept of hybrid naval warfare is useful for legally assessing the aggressors’ actions in such incidents. Perhaps instead as I hypothesize the existing peacetime framework of law enforcement and the legal framework applicable to armed conflicts is sufficient for legally assessing instances of hybrid naval warfare, Lott suggests.
One of the main building blocks of Lott’s research is the United Nations Convention on the Law of the Sea (UNCLOS). Part three of the convention provides a comprehensive legal framework on the regime of straits. Straits are narrow maritime areas that connect two larger bodies of water. - Straits are particularly targeted by states involved in hybrid conflicts. For example, the Kerch Strait incident of 2018, and the 2019 limpet mine attacks in the Strait of Hormuz, Lott explains.
In addition to the Law of the Sea convention, there are other rules of international law that are relevant for hybrid warfare. For example, the 1949 Geneva Conventions, International customary law as codified to a great extent in the San Remo Manual and international human rights law.
–I assume that the concept of hybrid warfare might not be useful, legally speaking, to address grey zone incidents. I particularly have in mind the presumption that instead of adopting a new legal framework for hybrid warfare, we should rather try to develop the existing legal framework for maritime law enforcement and the rules of naval warfare.
- For example, it would be worth considering options for developing the San Remo Manual into a legally binding international treaty. And of course, to focus on the rules that a state needs to follow when enforcing its laws against foreign ships, both government and commercially owned, Lott suggests.
Alexander Lott has been associated with the Norwegian Centre for the Law of the Sea since 2020. – I enjoy working in this vibrant and international environment that we have here at NCLOS. We should very much appreciate what we as law of the sea researchers have here in Tromsø. I come from Estonia and if you want to discuss law of the sea matters, there are not that many lawyers active in the field. Here at NCLOS we are over 30 researchers working within the area of the law of the sea!
Read more about the LOSFARE-project here!
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17.03.2022:
Russia’s Blockade in the Sea of Azov: A Call for Relief Shipments for Mariupol [Link to EJIL:Talk!]
Alexander Lott, postdoc at NCLOS has written about Russia's Blockade in the Sea of Azov for the Blog of the European Journal of International Law.
10.03.2022:
Do Environmental Principles have a Legally Binding Substance, or is it merely Soft Law?
Bjørn Bakke, PhD-student at NCLOS is writing a thesis about environmental principles in the Norwegian Marine Resources Act.
Do Environmental Principles have a Legally Binding Substance, or is it merely Soft Law?
Bjørn Bakke, PhD-student at NCLOS is writing a thesis about environmental principles in the Norwegian Marine Resources Act.
We had a chat with Bjørn Bakke, PhD student at the Norwegian Centre for the Law of the Sea (NCLOS) about the topic he has devoted the last four years of his life to. Namely the importance of environmental law principles for fisheries management according to the Marine Resources Act.
At the outset, Bakke points out that the Norwegian fisheries management is, overall, very well-functioning. - There is a system where environmental principles have been implemented both at the constitutional level, in sector legislation (for example the Marine Resources Act), and in the Nature Diversity Act, which is cross-sectoral. Nevertheless, there is always room for improvement, he states.
When Bakke began the work on his dissertation, his hypothesis was that statutory environmental principles at least to a certain extent is hot air. - It is stated in the Marine Resources Act § 7 second paragraph letter b that the ecosystem approach shall be a key consideration when applying the law. However, if one looks to the preparatory work, it is stated that the principle has a distinctly political character and is not suitable for judicial review. What is it then that you have passed into the law, Bakke asks rhetorically?
Another vague concept is "sustainable development". - A common problem is that you use the term sustainability without clarifying its content and context. It is not always easy to know whether the term is used to imply political sustainability, economic sustainability, or ecological sustainability, he points out.
Bakke believes that the explanation may lie in the fact that environmental law concepts are often derived from international law and international politics. – These principles are often adopted in consensus-based processes. This means that the countries that are the least willing to lead with ambitious environmental policies often have the last word when it comes to the concrete meaning of a term, he states.
The Marine Resources Act is an authorization law, i.e., the Norwegian parliament, through the Act, gives other administrative bodies a limited authority to make general rules and individual decisions. Whether to build up or downsize a fish stock will always be a matter of priorities. But this does not mean that the fisheries administration can decide to do whatever they may want.
- It is clear that the environmental principles in the Marine Resources Act limit the margin of discretion, so that it cannot for example be decided to exterminate a species that is naturally occurring in Norwegian waters, Bakke points out.
- An improvement would be to clarify and specify what environmental principles require from the decision making in the fisheries administration. Take for example, the principle in the Nature Diversity Act § 8, that decisions must be based on scientific knowledge. It can be specified what is required when obtaining, controlling, and reassessing the knowledge base.
Among the basic problems of environmental law is the fact that nature itself does not possess legal agency, i.e., the seas can not sue anyone for overfishing. Some have argued that this problem might be solved by establishing special environmental courts, as is already the case in for example Sweden. Bjørn points out that special courts are not in line with the Norwegian legal tradition. And might even cause its own specific challenges.
- It is difficult to find a satisfactory solution on how the environmental courts and ordinary courts should relate to each other. A single environmental case is often complicated and has ripple effects in many other areas of law and society than just the environmental and environmental law. As well as raising questions that likely require specialized scientific knowledge to answer. These are factors may indicate that court proceedings are not the answer, Bakke reasons.
An enviromental ombudsman?
In Norwegian law, the administrative appeal is a practically important way of trying an administrative decision. According to Bakke the administrative appeal often falls short in environmental matters. But Bakke explains that administrative appeal often falls short in environmental matters. – The fisheries administration is sector-based, and this means that a complaint is usually processed by the superior body in the same sector. If you complain about a decision made by fisheries bureaucrats, your complaint will most likely be processed by fisheries bureaucrats at a higher level, he explains.
- I have toyed with the idea of an environmental ombudsman, who has both the legal expertise, environmental expertise, and the fisheries expertise to supervise the administration of natural resources. As the civil ombudsman, an environmental ombudsman will be able to make statements related to individual decisions, but without having a right of judicial review. This may be a more appropriate way to control the environmental administration than the current scheme or a special environmental court, Bakke points out.
He is writing his dissertation in English and is scheduled to be submitted by the end of this semester. - Since the Norwegian fisheries administration is so well functioning, other countries can probably learn from it. Therefore, it is also an advantage that jurisprudence on Norwegian fisheries management is available to an international audience, Bakke concludes.
We at NCLOS wish him good luck in finishing his thesis and look forward to seeing and hearing more about the result!
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23.02.2022:
Splashing down the International Space Station in the Pacific Ocean?
Vito De Lucia, professor at the Norwegian Centre for the Law of the Sea has written a post on EJIL:Talk! - Blog of the European Journal of International Law on this topic.
Splashing down the International Space Station in the Pacific Ocean?
Vito De Lucia, professor at the Norwegian Centre for the Law of the Sea has written a post on EJIL:Talk! - Blog of the European Journal of International Law on this topic.
Read more on EJIL: Talk!
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18.02.2022:
Professor Ingrid Ulrikke Jakobsen is the new director of the Norwegian Centre for the Law of the Sea
We met the new director to learn more about her and her vision for NCLOS.
Professor Ingrid Ulrikke Jakobsen is the new director of the Norwegian Centre for the Law of the Sea
We met the new director to learn more about her and her vision for NCLOS.
Who is Ingvild Ulrikke Jakobsen?
- I was born and raised in Tromsø, and studied Russian language before I started on the Master’s degree in Law at UiT – The Arctic University of Norway. After completing my master's thesis on environmental law, I started working at the Faculty of Law, first as a lecturer and then as a PhD fellow. While I was working on my dissertation, I gave birth to three children, which is perhaps the unofficial Norwegian record, says Jakobsen and laughs.
Writing a PhD dissertation and at the same time taking care of three small children was not always easy, but in 2010 Jakobsen defended her dissertation on “Marine Protected Areas in International Law: A Norwegian perspective” and was awarded the degree of PhD in law. - Even if it was hard at times to complete my dissertation, I see that I did learn a lot as a person, researcher and as research leader, she states.
After completing her PhD, Jakobsen held several different positions at the UiT, including serving as Associate Professor, Professor, Vice Dean for research and Deputy Leader at the Norwegian Centre for the Law of the Sea. In addition, Jakobsen has been an acting judge in the Hålogaland Court of Appeals.
The experience as a judge is invaluable to Jakobsen considers. - It was very useful and rewarding to practice law outside academia. I have especially learned to appreciate the importance of having independent courts that guarantee the rights of our citizens.
- When you are working as a judge you get closer to society and people than you do as a legal researcher. The experience of making decisions that have great significance for those affected by it, and also in taking responsibility for such decisions, is also a valuable experience for me, when I now take on the leadership role at the Law of the Sea Centre, Jakobsen reflects.
The experience from the appeal court has also increased professor Jakobsen’s awareness of the value and importance of legal writing and research, especially legal writing as a tool for the courts and the judges when they solve disputes and make their decisions. - Although legal literature is not a primary source of law when judges write their decisions, legal scholars have an important role in systematizing the material, describing relevant sources of law, and highlighting important considerations, principles, and perspectives.
- The more complex the law is, the more need for legal writing and research. The law of the sea is a complex field of law, both because it includes various international legal sources and principles, and because it is constantly evolving in line with environmental and societal changes, professor Jakobsen points out.
We ask the new director; what exactly is the Law of the Sea?
Jakobsen explains that at the very core of the law of the sea is the United Nations Convention on the Law of the Sea (UNCLOS). The Convention is often referred to as the "Constitution of the Sea". - It is UNCLOS that determines the rights and obligations of states when it comes to the use of the sea and access to the resources in it. Due to the Law of the Sea, Norway has gained access to a large sea areas and valuable marine resources, namely the EEZ and the continental shelf in the EEZ and on the continental shelf.
- Since Norway is a coastal state, the Law of the Sea is essential for our welfare and economic development as a society. Marine resources provide great opportunities for continued economic and social development. We are also facing a green shift, where the oceans play a critical role. New technologies and new marine-based industries may potentially lead to both lower emissions of climate gasses and fewer negative environmental effects, at the same time as they provide economic growth.
- But this requires a development and a management of marine resources which is sustainable. The Law and the Law of the Sea provides the framework for such a development, but there is a need for legal research to develop it further. The research that we conduct here at the Norwegian Centre for the Law of the Sea is important for the continued use of the oceans, she state.
Jakobsen points out that most of the ocean is beyond national jurisdiction and common to all states. – However, it is especially the rich and powerful countries that have access to these community resources. The Law of the Sea should also play an important role in ensuring peace, fair access to resources and community values such as the environment and climate.
In this regard she highlights the Centre’s collaborative project with the University of Ghana on marine resource management which is funded by NORAD. Through this project the Norwegian Centre for the Law of the Sea will assist in the development of study programs in Ghana and collaborate on research by facilitating the exchange of researchers and students between the two countries.
- We will also contribute to the development and teaching of courses on the Law of the Sea for Ghanaian bureaucrats. This will provide expertise in Ghana, which can be crucial when drafting national regulations and when their representatives are to take part in international negotiations, Jakobsen explains.
In the present, the Law of the Sea is largely based on divisions between different maritime zones where each sector, such as fishing and shipping, is regulated separately. Through the law of the sea the coastal states are provided sovereign rights and jurisdiction over the natural resources in their surrounding maritime areas. For example, coastal states are entitled to an exclusive economic zone that extend 200 nautical miles from its baselines.
Jakobsen points out that the different zones in the oceans are ecologically interconnected regardless of the different zones that the oceans are divided into based on the Law of the Sea Convention. Today, the oceans are facing increasing ecological pressure from climate change, loss of biodiversity, overfishing, pollution. – Jurisdiction based on national sovereignty have not proved suitable for solving these environmental challenges, and I believe that one will have to re-think these issues and apply a more holistic approach in the future, she states.
- In the face of increasing ecological pressure, the need to prevent conflicts and to ensure fair access to resources, the Law of the Sea must be developed. I think legal research will play a key role in this development. But legal theory must also be developed, this means including perspectives from, for example, geography, history, the natural- and the social sciences. Here at the Norwegian Center for Law of the Sea, we are well underway!
- The Norwegian Centre for Law of the Sea has been trusted with becoming an Aurora Centre by the Faculty of Law and UiT. I am humbled by this and take on the big tasks as the Centre Director with great ambitions and a willingness to do the job, Jakobsen concludes.
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28.01.2022:
Experience based master in Ocean Leadership
In collaboration with the Faculty of Biosciences, Fisheries and Economics and the Faculty of Science and Technology, the Faculty of Law is offering an experience based master in Ocean Leadership. The program is aimed at professionals in marine or maritime sectors wanting to advance the blue/green shift towards a sustainable future. The transdisciplinary program provides an understanding of the complex landscape of ocean challenges and builds the knowledge, skills, and capacity necessary to lead sustainable integrative solutions.
Experience based master in Ocean Leadership
In collaboration with the Faculty of Biosciences, Fisheries and Economics and the Faculty of Science and Technology, the Faculty of Law is offering an experience based master in Ocean Leadership. The program is aimed at professionals in marine or maritime sectors wanting to advance the blue/green shift towards a sustainable future. The transdisciplinary program provides an understanding of the complex landscape of ocean challenges and builds the knowledge, skills, and capacity necessary to lead sustainable integrative solutions.
Read more about the experience based master in Ocean Leadership here!
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13.01.2022:
New book about the legal regime in areas beyond national jurisdiction!
A new anthology provides reflections on Justice, Space, Knowledge and Power in ABNJ.
New book about the legal regime in areas beyond national jurisdiction!
A new anthology provides reflections on Justice, Space, Knowledge and Power in ABNJ.
The term “areas beyond national jurisdiction” (ABNJ) includes all maritime areas that do not fall within the jurisdiction of a coastal state. In volume, this constitutes approximately 90-95 % of the oceans, and in area, about half of the ocean surface.
Professor De Lucia points out that even though the term is new, areas beyond national jurisdiction as a concept has always been a part of the law of the Sea. Prior to the United Nations Convention on the Law of the Sea (UNCLOS) being signed in 1982, an overwhelming part of the ocean surface was in fact outside national jurisdiction.
Since then, coastal states have made claim to exclusive economic zones that extend 200 nautical miles into the sea from the baseline, this has caused the share of the oceans outside national jurisdiction to be drastically reduced. UNCLOS, however, imposes obligations on coastal states to protect the marine environment within their own economic zones.
In the ABNJ, on the other hand, the freedom of the sea is the fundamental legal principle. This includes the freedom of navigation, fishing, laying cables and so on. A state by itself cannot implement measures that reduce these freedoms for other states. Such measures can only be implemented in agreement with other states, for example by negotiating a treaty. Until now it has been difficult to protect the marine environment and biodiversity in these marine areas, as there is no legal basis in UNCLOS for implementing marine protected areas in the ABNJ.
In 2017, to remedy this situation, the UN General Assembly decided to convene an Intergovernmental Conference (IGC) to consider establishing an international legally binding instrument on the conservation and sustainable use of biodiversity beyond national jurisdiction (BBNJ). The aim of this process (BBNJ process) is to create rules for the establishment of marine protected areas, for impact assessment and for access to bioprospecting and distribution of benefits from the use of marine genetic resources. The fourth and last meeting of the Conference had to be postponed, due to the Covid-19 pandemic, but is now tenatively scheduled to be held in March this year. Further postponements might however still affect the conference.
As the Introduction to the book explains, "A legal research project on ABNJ at this point in time necessarily will have to devote considerable attention to the BBNJ process. However, the project casts a significantly wider net than the negotiating agenda of the IGC, reflecting on broader theoretical questions, and questions that are not explicitly on that agenda but are nonetheless important for understanding the challenges that the legal regime for ABNJ may pose to the law of the sea.”
Accordingly, the chapters in the book address complex theoretical questions as well as more specific practical problems related to the governance of the ABNJ. The chapters however all revolve to a different degree around four overarching themes: justice, space, knowledge, and power. These themes also form the basis for the concluding reflections of the editors.
In addition to editing the book, Vito De Lucia has also contributed a chapter ("Ocean Commons and an 'Ethological' Nomos of the Sea"). Margherita Poto, Kristine Dalaker and Tore Henriksen, who are all affiliated with NCLOS, have also contributed a chapter each. The book can be ordered from the publisher Brill!
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24.11.2021:
Ocean connectivity in the latest volume of the Arctic Review!
Gathering the expertise of thirteen authors from the Norwegian Centre for the Law of the Sea and the Faculty of Law at UiT The Arctic University of Norway, this special series of articles for Arctic Review guest-edited by Elise Johansen and Margherita Paola Poto, explores the theme of ocean connectivity as a response to the epistemic, environmental and geopolitical challenges regarding our oceans. The concept embraces different visions that include bio-centric elements, Indigenous cosmovisions, and anthropocentric connectivity. Enjoy the reading!
Ocean connectivity in the latest volume of the Arctic Review!
Gathering the expertise of thirteen authors from the Norwegian Centre for the Law of the Sea and the Faculty of Law at UiT The Arctic University of Norway, this special series of articles for Arctic Review guest-edited by Elise Johansen and Margherita Paola Poto, explores the theme of ocean connectivity as a response to the epistemic, environmental and geopolitical challenges regarding our oceans. The concept embraces different visions that include bio-centric elements, Indigenous cosmovisions, and anthropocentric connectivity. Enjoy the reading!
Volume 12 of the Arctic Review on Law and Politics can be read in its entirety here!
About the Journal
Arctic Review on Law and Politics is a scientific, multidisciplinary journal in the fields of jurisprudence and social sciences. Jurisprudence and social sciences are understood in a wide sense, as they also encompass such academic disciplines as economy, sociology, human geography, social anthropology and ethnography. The journal is approved as a Level 1 journal in the Norwegian journal registry, effective as of 01.01.2019.
The journal presents peer-reviewed articles on topics related to the Circumpolar Northern societies, and welcomes e.g. papers on governance issues, resource management, fishery issues, environmental questions and topics related to the Northern Sea Routes and the law of the sea. The journal also has a heavy focus on Northern indigenous people’s rights and protection of aboriginal livelihoods, languages and cultures. In addition to publishing peer-reviewed articles, the journal publishes book reviews, commentaries about published papers, debates and news on Arctic law and politics.
Arctic Review on Law and Politics has its seat in Tromsø, the Arctic Port of Norway, where the founding editor is also located. In addition to the editor-in-chief and founding editor, the editorial board consists of an associate editor situated in Prince George, Canada, and national co-editors from Canada, Denmark, Iceland, Finland, Russia, Sweden and the USA. The broad composition of the editorial board means that the journal welcomes contributions from the entire Circumpolar North, and we are proud to have published extensive works by researchers from both Russia and Canada.
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03.09.2021:
New PhD at NCLOS - Linda Finska
On September 3 Linda Finska succesfully defended her PhD-thesis.
New PhD at NCLOS - Linda Finska
On September 3 Linda Finska succesfully defended her PhD-thesis.
Short summary of the thesis:
At present, international law does not contain any one instrument that would have been designed to target the global plastics problem as a whole. The aim of this dissertation is to understand the science and root causes behind the problem and the role of international law and States in contributing to solutions. Unlike earlier legal research, this study approaches the global plastics problem threatening the marine environment as a continuum of three sub-problems comprising extensive plastics wastes generation, plastics leakage to the oceans, and accumulating marine plastics pollution (MPP). This approach unfolds a problem-based doctrinal and interdisciplinary assessment of international law. An international legal response to the global plastics problem arises from a mix of diverse measures coming together.
Assessment committee:
Associate Research Officer Aleke Stöfen-O’Brien, World Maritime University in Malmö, Sverige (first opponent)
Professor David Langlet, Göteborgs universitet, Sverige (second opponent)
Professor Tore Henriksen, UiT Norges arktiske universitet
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27.08.2021:
New PhD at NCLOS - Lena Schøning
On August 27th Lena Schøning successfully defended her PhD-thesis.
New PhD at NCLOS - Lena Schøning
On August 27th Lena Schøning successfully defended her PhD-thesis.
The title of her thesis is «A Critical Assessment of the Contribution of Integrated Ocean Management to Protection of the Marine Environment».
Short summary of the thesis;
"This dissertation asks how integrated ocean management contributes to protection of the marine environment. This is analyzed through three papers that discuss three cross-cutting themes: (1) Abstract and practical variants of integrated ocean management; (2) How to approach protection of the marine environment; (3) How to assess the contribution of integrated ocean management to protection of the marine environment. The dissertation concludes that the potential of (integrated) ocean management to contribute to protection of the marine environment is limited. Integrated ocean management primarily contributes to more restricted environmental objectives. The conclusion entails that preceding a claim that ocean management or governance contributes to protection of the marine environment should be an experimental explanation, perhaps resulting from a problem analysis, of how the ocean management mandate, instrument, or concept possibly responds to the environmental problems and approaches that protecting the marine environment demands."
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04.06.2021:
New PhD at NCLOS - Hilde Woker
Hilde Woker succesfully defended her thesis «The Law-Science Interface within the Law of the Sea. A Case study of the Continental Shelf» on the 4th of june.
New PhD at NCLOS - Hilde Woker
Hilde Woker succesfully defended her thesis «The Law-Science Interface within the Law of the Sea. A Case study of the Continental Shelf» on the 4th of june.
This thesis explores the relationship between law and science within the law of the sea, through a case study of the definition and limits of the continental shelf.
All coastal States have an inherent entitlement to the continental shelf. However, the legal definition and limits of this area differ from the scientific understanding of the concept, despite the many references to science in the legal definition. The continental shelf is thus a prime example of the law-science interface, in which the two bodies of knowledge interact. When two different bodies of knowledge come together, with each their different characteristics, assumptions, and working methods, questions arise as to their compatibility, reconcilability and commensurability.
These questions arise in a time in which the world recognizes the importance of science for law and policy. It is thus crucial to understand how and to what extent law and science interact, and whether there may be any structural preconditions preventing meaningful interaction. It is not sufficient to conclude that law and science interact – we also need to understand how and to what extent they do so.
This thesis examines the legal origins and development of the continental shelf, and the interactions between law and science throughout that development. It uses existing scholarship on the relationship between law and science to understand the law-science interface within the development of the definition and limits of the continental shelf, identifying and analyzing both successful interactions and unsuccessful interactions between law and science.
The assessment committee was comprised of:
- Professor Joanna Mossop, Victoria University of Wellington, New Zealand (first opponent)
- Professor Timo Koivurova, University of Lapland, Finland (second opponent)
- Professor Ingvild U. Jakobsen, UiT Norges arktiske universitet (head)
Wokers supervisors have been:
- Professor Nigel Bankes, University of Calgary
- Professor Alex Oude Elferink, University of Utrecht
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19.04.2021:
Our latest digital lecture is available on the NCLOS youtube channel!
In the latest lecture, Henry Jones, associate professor at Durham Law School, University of Durham takes the North Sea Continental Shelf case as a historical case study for how international law produces space in particular ways.
26.02.2021:
Three new Professors at NCLOS
Irene V. Dahl, Elise Johansen, and Vito De Lucia have been granted full professorships. The three new Professors are all affiliated with the Norwegian Centre for the Law of the Sea (NCLOS).
Three new Professors at NCLOS
Irene V. Dahl, Elise Johansen, and Vito De Lucia have been granted full professorships. The three new Professors are all affiliated with the Norwegian Centre for the Law of the Sea (NCLOS).
Irene V. Dahl, Elise Johansen, and Vito De Lucia have been granted full professorships. The three new Professors are all affiliated with the Norwegian Centre for the Law of the Sea (NCLOS).
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08.01.2021:
NCLOS has been granted funding for a UiT Aurora Centre!
We are happy to announce that NCLOS has been granted funding for a UiT Aurora Centre!
NCLOS has been granted funding for a UiT Aurora Centre!
We are happy to announce that NCLOS has been granted funding for a UiT Aurora Centre!
According to Tore Henriksen, director of NCLOS the future of the centre looks bright; “This means that the Centre can maintain its activity, recruit new PhD and postdoc candidates, and further strenghten our contributions to the law of the sea scholarship”. Lena Bendiksen, Dean at the Faculty of Law says that she is “proud, happy and impressed with the work done by those involved!”
Aurora Centres at the UiT, are a funding program aimed at “research groups that have demonstrated excellence in their research, and with ambition to organize and build research capacity, for the purpose of applying for centre funding, like Norwegian Centre’s of Excellence, ERC Synergy or similar.”
Read more here (in Norwegian)!
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08.01.2021:
Celebrating the first ten years of the Arctic Review on Law and Politics!
The Arctic Review on Law and Politics is celebrating its first ten years with the anniversary volume “Ten Years of Law and Politics from an Arctic Perspective”. Several researchers from the Norwegian Centre for the Law of the Sea (NCLOS) have contributed to the issue.
Celebrating the first ten years of the Arctic Review on Law and Politics!
The Arctic Review on Law and Politics is celebrating its first ten years with the anniversary volume “Ten Years of Law and Politics from an Arctic Perspective”. Several researchers from the Norwegian Centre for the Law of the Sea (NCLOS) have contributed to the issue.
Tore Henriksen, professor and Director of NCLOS has contributed an article on the management of Snow Crabs in the Barents Sea. The exploitation, management and conservation of the species raises questions related to the United Nations Convention on the Law of the Sea (UNCLOS), and the 1920 Treaty concerning Spitsbergen (Svalbard Treaty). It can be read in its entirety at Snow Crab in the Barents Sea: Managing a Non-native Species in Disputed Waters | Arctic Review.
Irene Vanja Dahl, associate professor at NCLOS discusses how international law: UNCLOS, the Convention on Biological Diversity and the Convention for the Conservation of Salmon in the North Atlantic Ocean relate to conservation and management of wild salmon. The article can be read in its entirety at International Regulations and Guidelines on Transboundary Salmon Stocks: Case Study of the Tana River | Arctic Review.
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Ongoing negotiations to develop an international legally binding instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) serve as the backdrop for an article by Vito De Lucia, associate professor, and Philipp Nickels, PhD Research Fellow. It can be read in its entirety at Reflecting on the Role of the Arctic Council vis-à-vis a Future International Legally Binding Instrument on Biodiversity in Areas Beyond National Jurisdiction | Arctic Review.
The first ten years of the Arctic Review has also been a busy decade for the Northern Sea Route (NSR). The decade started the first season when the NSR was utilized for commercial shipping purposes. Jan Solski, postdoctoral fellow aims to take stock of the last decade, paying primary attention to the Russian State practice in developing, adopting, and enforcing legislation in the NSR. Read the article at The Northern Sea Route in the 2010s: Development and Implementation of Relevant Law | Arctic Review.
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04.01.2021:
Digital Lecture: “Situating Contingency in the Path of International Law”
The latest session in the Digital Lecture Series is available on our Youtube channel. In this session Ingo Venzke, professor at the University of Amsterdam lectures on contingency in International Law.
21.06.2019:
The Centre for the Law of the Sea at UiT lives on
September 1, 2019 marked the six-year anniversary of the 36 million NOK donation by the K.G. Jebsen Foundation that created the K.G. Jebsen Centre for the Law of the Sea at UiT. That funding period has come to an end, but the centre will continue as The Norwegian Centre for the Law of the Sea, at UiT.
20.12.2018:
In the Arctic with project on The Galapagos Islands
When Vanessa Arellano Rodriguez from Ecuador was granted a United Nations scholarship in Law for a project on protection of the Galapagos Island, her first preference was to come to UiT. – The Arctic and the Galapagos have many things in common, says Arellano.
16.11.2018:
New Joint Nordic Master Program in Environmental Law
The need for expertise in Environmental Law is increasing. Starting the autumn of 2019, the Faculty of Law at UiT, is proud to offer international students a brand new and exciting master program in Environmental Law, in collaboration with the University of Uppsala and the University of Eastern Finland.
New Joint Nordic Master Program in Environmental Law
The need for expertise in Environmental Law is increasing. Starting the autumn of 2019, the Faculty of Law at UiT, is proud to offer international students a brand new and exciting master program in Environmental Law, in collaboration with the University of Uppsala and the University of Eastern Finland.
Three countries
During the program, the students will physically be studying in three Nordic countries; first at Uppsala University in Sweden, before moving to the University of Eastern Finland in Joensuu and ending at UiT the Arctic University of Norway in Tromsø. This will provide them with international experience within and alongside the education, while studying at three law institutions with long experience in environmental law research and education. The program provides financial support to the students for travels between the three universities.
Exciting and challenging
We can offer international students an exciting and challenging master program in environmental law, where they will have the best expertise of three different Nordic universities. At the same time, they will get to know Nordic culture and society”, says Tore Henriksen, professor at The Faculty of Law, at UiT The Arctic University of Norway.
Henriksen is himself a world leading expert in field of the Law of the Sea, and responsible for UiT’s part of the master program.
Special knowledge
The program gives the students basic theoretical and methodological knowledge in environmental law. The students will acquire special legal knowledge and skills within two key environmental fields: management of natural resources and the protection of biodiversity and climate change and energy transition.
Need for competence in environmental Law
Climate and environmental questions indeed get more and more important, and both the public sector and the private business sector need people with competence in Environmental Law. We need people who knows the legal frames for the environment”, says professor Henriksen.
The NOMPEL master is the first joint program in the field of law funded through the Nordic Council of Ministers. Its objective is to make higher education in the Nordic Region more international and offer joint programs that are research-based and build on the participating universities' areas of excellence.
The first admission to the NOMPEL-program is for start-up in autumn semester 2019. Deadline for applying is January 15, 2019. Please note that the application must be submitted to Uppsala University only.
Please read more about the NOMPEL, and about the application procedure at Uppsala’s webpage.
If you have any questions regarding the program, you can contact the program advisor at UiT: Line Merete Skarvik, line.m.skarvik@uit.no
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15.10.2018:
Hosted the most important conference in the world on Polar Law
Climate change, indigenous peoples rights and Polar bear protection. These issues – and many more - were on the agenda when the 11th Polar Law Symposium took place at The Faculty of Law /JCLOS. – The level of legal scholarship is extremely high at UiT and JCLOS, says the initiators of the symposium.
Hosted the most important conference in the world on Polar Law
Climate change, indigenous peoples rights and Polar bear protection. These issues – and many more - were on the agenda when the 11th Polar Law Symposium took place at The Faculty of Law /JCLOS. – The level of legal scholarship is extremely high at UiT and JCLOS, says the initiators of the symposium.
The conference brought together established scholars and researchers from all across the world to share research in the fields of polar law and policy. In Tromsø, they discussed a series of issues such as the rights of indigenous peoples in the Arctic, governance of maritime areas, climate law and the Polar Regions, sustainable development in the regions and different aspects of justice pertaining to these regions.
– Law plays a crucial role in structuring those debates and makes a basis for decision makers, says Professor Timo Koivurova, director of the Arctic Centre at the University of Lapland and one of the initiators of the annual conference.
He says the committee of the conference had no doubt, when it came to choosing the hosts of the 11 th Polar Law Symposium.
- It was quite clear it had to be Tromsø and The Faculty of Law here. The level of legal scholarship is extremely high at UiT, so the choice was easy when they applied. Especially because of the Jebsen Centre for the Law of the Sea: no matter who you ask, they will say the same, claims professor Koivurova.
Most important conference in Polar Law
– It is definitely the most important conference in the world in Polar Law. It welcomes anyone with an interest in governance administration and justice,
says Sarah Mackie, a PhD Student from Newcastle University, for the time being a guest researcher at JCLOS, where she studies wildlife protection in Arctic Norway.
Mackie has participated at the symposium once before, and at the symposium in Tromsø, she presented a paper on environmental justice and polar bear protection.
Expands the network
The Director of JCLOS, Professor Tore Henriksen, is very pleased to host the symposium and happy that as many as 130 people attended the conference.
– We see that the conference expands our network, but also that the network might be enriched by increased Norwegian / Tromsø participation. In particular, this has contributed to more contacts working on Antarctica, concludes Henriksen.
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09.10.2018:
JCLOS and FNI organize side event to the first UN negotiating session towards a new agreement on marine biodiversity in areas beyond national jurisdiction"
September 12, JCLOS and Fridtjof Nansen Institute (FNI) will organize a Side Event to the 1st session of the BBNJ negotiation in the UN General Assembly, to discuss implications of a future BBNJ agreement for Arctic Biodiversity Governance.
JCLOS and FNI organize side event to the first UN negotiating session towards a new agreement on marine biodiversity in areas beyond national jurisdiction"
September 12, JCLOS and Fridtjof Nansen Institute (FNI) will organize a Side Event to the 1st session of the BBNJ negotiation in the UN General Assembly, to discuss implications of a future BBNJ agreement for Arctic Biodiversity Governance.
Side Event
JCLOS Postdoc Fellow Dr. Vito De Lucia will chair a side event organized by the K. G. Jebsen Center for the Law of the Sea (JCLOS) together with the Fritdjof Nansen Institute (FNI) on the implications of a future ILBI for Arctic biodiversity governance.
Forum to discuss
This side event will provide a forum for participants to discuss the possible implications of an international legally binding instrument on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction for Arctic marine governance within the context of relevant Arctic initiatives, with a view to comparing efforts and highlighting areas of convergence, overlap and potential conflict.
Part of project on Arctic Biodiversity Govenance
The side event is part of a project on Arctic Biodiversity Governance titled “Towards a global treaty on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction – implications for Arctic Ocean ecosystem governance? (ARCTIC-BBNJ)”.
The project is funded by the “Arctic Ocean” Flagship Program of the (High North Research Center for Climate and the Environment) and the Norwegian Polar Institute. Attached is a Pdf file with a description of the side event, which will take place on Wednesday September 12.
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09.10.2018:
Report from JCLOS' side event to the first UN negotiating session towards a new agreement on marine biodiversity in areas beyond national jurisdiction
Read the report of Postdoctor Fellow, Vito De Lucia, who chaired the Side Event.
Report from JCLOS' side event to the first UN negotiating session towards a new agreement on marine biodiversity in areas beyond national jurisdiction
Read the report of Postdoctor Fellow, Vito De Lucia, who chaired the Side Event.
The first substantive session of the intergovernmental conference (IGC-1) aimed at adopting a new global treaty on marine biodiversity in areas beyond national jurisdiction (BBNJ) took place on September 4-17, 2018. IGC-1 was an important step in a process that started over a decade ago. However, the formal diplomatic conference was only recently launched by the UN General Assembly, with a resolution adopted on 24 December, 24 2017.
There are four items in the negotiating package: area-based management tools, including marine protected areas; marine genetic resources, including the sharing of benefits; environmental impact assessments; and capacity building and technological transfer. Additionally, there are a number of cross-cutting issues, such as, importantly, what institutional arrangements the new treaty should create, and how would these interact with existing bodies and institutions, especially those with regional or sectoral competence.
The K. G. Jebsen Center for the Law of the Sea (JCLOS) organized, together with the Fridtjof Nansen Institute (FNI), a side event on the implications of a future treaty for Arctic biodiversity governance. The event, which took place on Wednesday, September 12 (see list of side events at the UN BBNJ website for details), was part of a project led by Dr. Vito De Lucia and funded by the FRAM Centre (High North Research Center for Climate and the Environment) and the Norwegian Polar Institute, and was titled
The relevance of the event for the IGC-1 lies in the fact that a large part of the Central Arctic Ocean is located beyond national jurisdiction, and for this reason any global institutions that the new treaty will create may have to interact, and respect the mandates and competences of, existing bodies that operate in the Arctic. This JCLOS/FNI side event aimed thus at exploring a number of questions related to the possible interactions between the complex Arctic marine governance regime with the future treaty.
Speakers included Ms Kristine Dalaker Kraabel (JCLOS), Mr Christian Prip (FNI), Prof. Raul Primicerio (BFE/UiT) and Ambassador David Balton, now a fellow at the Wilson Center, but until recently involved directly with negotiations of a number of treaties concluded under the aegis of the Arctic Council, including the recent agreement on Central Arctic Ocean fisheries, to be formally signed in Greenland next month. The event was chaired by Dr. Vito De Lucia (JCLOS).
Each speaker discussed the possible implications for an effective Arctic marine biodiversity governance of a new global legal regime for BBNJ through the lens of cooperation and compatibility, including, importantly as it turned out, the potential role of the Arctic Council within a new global institutional framework. Questions that were addressed included scientific aspects related to the ongoing changes to the unique and vulnerable Arctic ecology and environment, and their potential implications for an ecosystem approach to Arctic biodiversity governance; the Central Arctic Ocean Fisheries Agreement and what it may mean for BBNJ and other regional initiatives governing fisheries; the institutional arrangements in the Arctic, exploring how regional institutional arrangements may be incorporated into the overall legal and institutional setup of a new regime for BBNJ; whether regime interplay and complexity provides an obstacle or an opportunity for the anticipated global treaty, with specific focus being given to the roles of the various stewards of the Arctic Ocean.
The side event drew a large audience, including policy-makers, delegates, academics and representatives of governments and NGOs, and there was an engaged and lively debate both during Q&A and in small groups afterwards.
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11.07.2018:
Workshop of Indigenous Law and Methodology
During the first week of July, JCLOS postdoctoral fellow Dr. Margherita Paolo Poto organized and led a workshop in Indigenous Law and Methodology. The project was hosted and funded by the prestigious Norwegian Centre for Advanced Study, and took place at the beautiful Holmen Fjordhotell in Oslo.
Workshop of Indigenous Law and Methodology
During the first week of July, JCLOS postdoctoral fellow Dr. Margherita Paolo Poto organized and led a workshop in Indigenous Law and Methodology. The project was hosted and funded by the prestigious Norwegian Centre for Advanced Study, and took place at the beautiful Holmen Fjordhotell in Oslo.
The workshop brought together a diverse group of ten leading and young researchers from around the world to explore and raise awareness of critical questions in Indigenous law and methodologies. The first three days were led by Val Napoleon and Rebecca Johnson, two professors with the Indigenous Law Research Unit (ILRU) at the University of Victoria, as they taught the ILRU-developed methodology to revitalize and revisibilize Indigenous legal orders. This methodology starts from the premise that Indigenous people were and are rational beings who are governed by rational laws. However, years of State-organized discriminatory and assimilationist policies have degraded these legal orders. Now is the time to begin the hard work to rebuild Indigenous legal orders.
The last two days saw the other eight workshop participants present on their current or past research projects related to Indigenous peoples and law. The presentations were diverse and fascinating, stretching several disciplines and continents. Topics presented included:- Arctic Governance for Environmental and Indigenous Protection (Margherita Paolo Poto);
- Bridging European Food Governance and Indigenous Food Security (Lara Fornabaio);
- Empowering Indigenous through Public Procurement (Carol Cravero);
- Women in the Arctic (Tahnee Prior);
- Indigenous Consultation in Mining Projects in Canada (Logan Turner);
- Customary Laws: An Alternative Justice System for Kenya (Jane Murungi);
- ‘Terras tradicionalmente ocupadas’ in the Age of Forced Displacement (Arianna Porrone); and
- Shubu Hiwea – Living School of the Huni Kuin People from Jordão River in Brazil (Giulia Parola).
At the end of the conference, each participant walked away with a broader vision of the complexity of Indigenous societies and laws.
The Workshop of Indigenous Law and Methodology received funding as a YoungCAS Project from the prestigious Centre for Advanced Study (CAS). CAS is Norway’s only institute for excellence in interdisciplinary fundamental research. CAS’ primary objective is to strengthen fundamental research by providing outstanding scholars the opportunity to collaborate on projects across disciplinary and national boundaries. This is only the second year that CAS is providing funding for YoungCAS projects.
Significant gratitude is owed to the active participation of outgoing CAS Scientific Director, Prof. Vigdis Broch-Due, and to the precious help and technical assistance of CAS Administrative Staff Carl Fredrik Straumsheim and Camilla Kottum Elmar. The success of the Workshop was largely thanks to their support and contributions.
Dr. Margherita Paolo Poto, the project team leader, is a postdoctoral researcher at the JCLOS and is currently involved in her second year of research on Arctic Governance and the Role of Indigenous Peoples in Marine Environmental Protection. In her two years of research at the JCLOS, she has been exploring the role of non-State actors in environmental decision making and working on a new methodological path for comparative legal research. She is deeply grateful to the JCLOS group for the constant and relentless support in developing and sharing innovative ideas relating to new methodologies in legal research. The success of the YoungCAS 2018 Workshop would not have been possible without such support.The workshop gave Margherita the opportunity to reflect on her research in Norway, and to find her true self in the Arctic context. She took away with her with a renewed understanding of the importance to work in cooperation with young and enthusiastic researchers and with the motivation to further develop project ideas with the YoungCAS and the JCLOS team.
Reflecting on her experience during the Workshop, Margherita exclaimed, “Another world is actual!”
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12.06.2018:
Could the Indigenous Peoples save the Seas?
In the past week, researchers from all over the world have gathered at the Arctic University of Norway, to discuss Indigenous Peoples’ rights to Marine Areas.
Could the Indigenous Peoples save the Seas?
In the past week, researchers from all over the world have gathered at the Arctic University of Norway, to discuss Indigenous Peoples’ rights to Marine Areas.
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– This workshop is a wonderful opportunity for me: to come here to Tromsø and hear about other countries’ solutions to very complex questions, says Isabela Figueroa, from the University of Magdalena in Colombia.
She was one of the around 25 participants attending the international workshop on The Rights of Indigenous Peoples in Marine Areas, this week, organised by the Jebsen Centre for the Law of the Sea (JCLOS) at The Arctic University of Norway.
Researchers from many corners of the world attended the workshop: the Philippines, UK, U.S.A., French Polynesia, Russia, Australia, Canada and New Zealand, among other countriess were represented.
Ignored area
A comprehensive study on the rights of Indigenous Peoples to marine areas has been a missing piece in indigenous research for long.
– The focus until now has been on land-based rights. But in fact, many indigenous peoples have a close relation to the sea and its resources, says professor Nigel Bankes from JCLOS, who is the conference organizer.
– For example, the Saami in Norway, the Aboriginals in Australia and the Inuits in Canada have all been coastal peoples, as well as inland communities, adds Bankes.
Learning from Indigenous Peoples
– In Colombia we have many different Indigenous Peoples, but our Government doesn’t recognize their rights. I think we have a lot to learn from Indigenous Peoples, especially when it comes to their relationship to nature, says Dr. Isabel Figueroa.
Increasing attention
Professor Lee Godden from the Melbourne Law School in Australia, has worked on Indigenous Rights for over 30 years. She says that Indigenous Peoples’ rights to Marine areas has been increasingly attracting the scholarly attention.
- Research on sea rights has been a hidden area, for a number of reasons. The attention on the topic has increased considerably over the past years, due to the environmental pressures to protect marine areas, in a sustainable way, says professor Godden.
Can the Indigenous Peoples save our Seas?
- Could Indigenous Peoples save our seas?
- They can help protecting, but we must be careful «locking» them into that. The goal here is to recognize their self-determination, and to make sure that the right to fish, for example, comes with the rights to govern and manage the natural world as well, says the Australian professor.
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08.06.2018:
Book launch at the Peace Palace
The new book "Maritime Boundary Delimitation: The Case Law. Is It Consistent and Predictable?" edited by Alex Oude Elferink, Signe Busch and Tore Henriksen of the K.G. Jebsen Centre for the Law of the Sea was launched at the Peace Palace in The Hague.
Book launch at the Peace Palace
The new book "Maritime Boundary Delimitation: The Case Law. Is It Consistent and Predictable?" edited by Alex Oude Elferink, Signe Busch and Tore Henriksen of the K.G. Jebsen Centre for the Law of the Sea was launched at the Peace Palace in The Hague.
The Peace Palace in The Hague. Foto: Colourbox
The book “Maritime Boundary Delimitation: The Case Law. Is It Consistent and Predictable?” edited by Alex Oude Elferink, Signe Busch and Tore Henriksen of the K. G. Jebsen Centre for the Law of the Sea was launched on Thursday 17 May.
The launch took place at the Peace Palace in The Hague in Netherlands and was hosted by the Peace Palace Library. This building is also the home of the International Court of Justice – one of the United Nations’ principal organs – and the Permanent Court of Arbitration. Most of the disputes concerning maritime boundary delimitation submitted to compulsory settlement have been settled with the involvement of these two bodies.
Book on maritime boundaries
In the book, the international case law on maritime boundary delimitation is analyzed.
The main research question is whether the development in the field is moving towards
a more uniform and predictable practice or if it relies more on the judges’ discretion.
The cover of the book on maritime boundary delimitation.
– The Peace Palace was the perfect place to launch the book, since this is where the International Court of Justice is located. The oral proceedings of the arbitral tribunals are also held here. Most of the maritime boundary delimitation cases have also been dealt with here, says Professor and leader of the JCLOS, Tore Henriksen.
Judges and diplomats
The leader of the K.G. Jebsen Centre for the law of the Sea was happy with the amount of participants, where approximately 25 persons from both the Court, the Peace Palace Library and Embassies made it to the book launch.
The subject is very topical and it therefore attracted a lot of people, says Henriksen.
Tore Henriksen, leader of the K.G. Jebsen Centre for the Law of the Sea.
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During the book launch, Professor Alex Oude Elferink and Professor Yoshifumi Tanaka from the University of Copenhagen participated in a panel discussion on the main theme of the book. Their presentations were followed by a questions and answer session involving the audience.
A first copy of the book was presented to Judge Peter Tomka of the ICJ by Alex Oude Elferink.
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25.05.2018:
Wants to map the Arctic Ocean through different lenses
Her name means "luck", and she feels fortunate to have spent her time as a Fulbright scholar at UiT in Tromsø. At the end of her stay, Onni Irish invites to an interdisciplinary workshop for 5 June that will examine the different ways the Arctic Ocean can be mapped.
08.06.2017:
Law as a tool in limiting climate change
The climate is changing. But do we have the legal remedies in place to meet these changes? And how can we, through law, restrict and adapt to climate change?
Law as a tool in limiting climate change
The climate is changing. But do we have the legal remedies in place to meet these changes? And how can we, through law, restrict and adapt to climate change?
These are the questions being asked by Associate Professor Elise Johansen at the K.G. Jebsen Centre for the Law of the Sea at the Faculty of Law,UiT. To put these issues in the spotlight, Johansen has organized the workshop “Natural Marine Resource Management in a Changing Climate” on 13-14 June at UiT in Tromsø. There will be presentations by well-known environmental and marine law experts.
How can we tackle climate change?
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“Because oceans are warming and becoming more acidic, there is evidence that several fishing stocks are moving further north to the high seas. Who is entitled to fish these stocks? Should it be open to all, or should new regulations be introduced?” questions Johansen. She continues:
“Further, what about the fact that so much ice has melted in the Arctic that now during parts of the year there are open waters between Europe and Asia through the Arctic? This means that nature is likely to be subjected to greater hazards such as heavy oil pollution from shipping. This is forbidden in Antarctica, but not in the Arctic. And what about the Paris agreement: what effect does it have because all countries are committed to cutting emissions?”
Strong line-up
At the workshop there will be contributors and participants from the USA, Greece, Finland, Canada and the Netherlands, as well as Norwegian researchers.
"We have got very good names to come and present, so we are very pleased. There will be presentations on exciting topics, all linked to the same issue: how can law help to limit and adapt the impacts of climate change” Johansen says.
Experts join voices
The KG Jebsen Centre for the Law of the Sea has collaborated with the Elisabeth Haub School of Law at Pace University in New York to arrange the workshop.
"They are experts in environmental law, and we are experts in the field of law of the sea, and now we meet in this joint project," Johansen explains.
Networking opportunities
One of the results from the workshop will be more publications on the subject, and in addition, there will be plenty of room for discussion. “It is very important to create international networks between researchers – not just for their own careers, but in order to collaborate on such global issues”, says Johansen, and encourages anyone interested to sign up for the workshop here.
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26.04.2017:
SOS from the Arctic!
What if a ship loaded with toxic chemicals founders in the Arctic during the dark months of the polar night? What will become of the crew? And what about the toxic cargo and the fuel that will soon sink through the icy water? How will they affect slumbering ecosystems deep in the winter-dark seas?
SOS from the Arctic!
What if a ship loaded with toxic chemicals founders in the Arctic during the dark months of the polar night? What will become of the crew? And what about the toxic cargo and the fuel that will soon sink through the icy water? How will they affect slumbering ecosystems deep in the winter-dark seas?
Foundering in the Arctic
Imagine that it is November; we are in the dark months and it is bitterly cold in the Arctic. The Oleum, a freighter from Hamburg, is nearing Novaja Zemlya on her way towards the Kara Sea. Her cargo of chemicals is destined for an oil platform in Siberia. In the middle of the bitterly cold polar night, the winds pick up, the waves grow huge and the Oleum rolls and pitches perilously. Suddenly the engine stops. In despair, the captain realises that they are unable to cast anchor because of a thick layer of ice over the anchor winch. The ship drifts helplessly towards land and founders.
Melted Arctic ice means new traffic
This fictitious scenario formed the starting point for the major cross-disciplinary research project called “A-lex”, which addresses the political, legal, environmental, and technological challenges associated with a completely new type of shipping in the Arctic. The background for the project was that over recent years the sea ice in the Arctic has melted so much that the Northeast Passage is open. Nowadays it is possible – for parts of the year – to sail between Asia and Europe via the Arctic.
High risk of loss of human life
One of the researchers’ sobering conclusions is that human lives are likely to be lost if ships founder in the Arctic. Search and rescue services are too far away to be of immediate assistance after accidents. The Arctic is far away from infrastructure; the weather is cold and variable, and conditions are physically demanding for humans. For instance, how would thousands of elderly passengers on a cruise ship cope with this kind of situation?
The project has also uncovered a multitude of legal issues concerning international regulation of shipping, liability and compensation for accidents, and safety for both crews on the ships and search and rescue teams.
Polar night - livelier than it seems
What about the environment? Many of the factors at work in arctic ecosystems in the winter are unknown, as winter research has (understandably) been sparse. It is only in the past 3-4 years that scientists from UiT started going on winter expeditions to the Arctic Ocean.
Until recently, the assumption has been that since sunlight is the basis for all biological production on land and in the sea, and since the sun does not shine in the Arctic during the winter, there is no biological activity in the polar night. And indeed, most seabirds and whales migrate south for the winter – but life doesn’t stop.“This ‘established assumption’ has now been challenged and in many ways repudiated”, says Lars-Henrik Larsen from Akvaplan-niva.
“Fish eat and reproduce in the dark; there is an abundance of zooplankton and they thrive in moonlight and the northern lights”, the scientist asserts.
Chemicals in the cod spawning grounds
So what about the chemicals that disappeared into the dark depths of the sea when the fictitious ship Oleum foundered? The spillage will probably seriously affect the ecosystem. The place where the imaginary Oleum sank is in fact the spawning ground for arctic cod. The fish are not present when the ship’s toxic cargo sinks, but swim in to spawn a couple months later. We know little about how diesel and chemicals might affect the success of the arctic cod’s spawning.
“We see that even though the resources (the fish) in the sea are not present when an accident occurs, a spillage of chemicals or petroleum may harm them at a later time. The resources in the sea are not isolated in time and space, and one must look at both shortterm and long-term consequences of an accident”, says Lars-Henrik Larsen.
Hope for more research
Tore Henriksen, leader of the K. G. Jebsen Centre for Law of the Sea at the Faculty of Law, UiT, hopes that it will be possible to continue research in this area.
“Cross-disciplinary research collaboration is both challenging and at the same time very useful. One has to communicate so that people outside one’s own field understand. But now that we have acquired so much knowledge in the different fields, we would like to continue and we will work to achieve that”, Henriksen concludes.
Photographs: Karine Nigar Aarskog, UiT.
Further reading: https://en.uit.no/prosjekter/prosjekt?p_document_ id=363938
A-lex is a collaboration project between the FRAM Centre, the Faculties of Law and of Humanities, Social Sciences and Education at UiT The Arctic University of Norway, Marintek and Akvaplan-niva. Its full name is A-lex: Regulating arctic shipping: Political, legal, technological and environmental challenges.
The four-year project has been funded by the Norwegian Ministry of Foreign Affairs, the Research Council of Norway, the FRAM Centre and UiT.
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19.04.2017:
JCLOS co-organized side event to the UN marine biodiversity treaty negotiations in New York
The KG Jebsen Centre for the Law of the Sea (JCLOS) and its consortium partner the Fridtjof Nansen Institute (FNI) jointly organized a side event on Wednesday, 5 April 2017, at the United Nations Headquarters in New York as part of the Third Session of the Preparatory Committee established by United Nations General Assembly Resolution 69/292 for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction
JCLOS co-organized side event to the UN marine biodiversity treaty negotiations in New York
The KG Jebsen Centre for the Law of the Sea (JCLOS) and its consortium partner the Fridtjof Nansen Institute (FNI) jointly organized a side event on Wednesday, 5 April 2017, at the United Nations Headquarters in New York as part of the Third Session of the Preparatory Committee established by United Nations General Assembly Resolution 69/292 for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction
The challenge for the delegations participating in the work of the Preparatory Committee is to determine how marine biodiversity in areas beyond national jurisdiction (BBNJ) can be regulated, conserved and sustainably used. Various elements are being considered, including questions on sharing of benefits, measures such as area-based management tools, including marine protected areas; environmental impact assessments; and capacity building and the transfer of marine technology. The discussions also include cross-cutting issues, such as the possible institutional arrangements that would need to be strengthened and/or created to govern the relationship with existing organizations and agreements under a new BBNJ regime.
Researchers from The KG Jebsen Centre for the Law of the Sea (JCLOS) and FNI were at the negotiations of the Third Session of the Preparatory Committee, during which they contributed by hosting a side event where they presented the possible implications of an international legally binding instrument on BBNJ for Arctic marine governance. The possible implications were discussed within the context of Arctic initiatives, with a view to comparing efforts and highlighting areas of convergence, overlap and potential conflict. The event also showcased the Arctic governance regime as an example of a regional framework that may inform other regional initiatives and the greater BBNJ process.
Mr. Kjell Kristian Egge, the International Law Adviser of the Law of the Sea Section of the Norwegian Ministry of Foreign Affairs, was the first speaker at the event and provided an overview of Arctic marine cooperation.
Mr. Christian Prip, Senior Policy Analyst, FNI, then discussed the possible implications for the governance of the Arctic Ocean.
Dr. Vito De Lucia, PostDoc Fellow, JCLOS, followed with a discussion on whether there is a need for a separate regime in the Arctic region given its environmental importance and uniqueness.
Ms. Kristine Dalaker Kraabel, PhD Research Fellow, JCLOS, chaired the event.
The event concluded with an active dialogue between the presenters and attendees regarding the issues raised.
Kjell Kristian Egge, Kristine Dalaker Kraabel, Vito De Lucia and Christian Prip presenting at the PrepCom JCLOS/FNI side event.
Kristine Dalaker Kraabel and Vito De Lucia at the PrepCom JCLOS/FNI side event.
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09.12.2016:
New book on aquaculture: How can we secure a sustainable use of our oceans?
New book on Aquaculture Law and Policies. 21 writers from 12 different countries have contributed.
New book on aquaculture: How can we secure a sustainable use of our oceans?
New book on Aquaculture Law and Policies. 21 writers from 12 different countries have contributed.
- There is an urgent need for internationally binding regulations, says Irene Dahl from JCLOS -K. G. Jebsen Centre for the Law of the Sea, at the University of Tromsø. She is one of the co-writers and-editors of the bookAquaculture Law and Policy: Global, Regional and National perspectives, internationally published at Edward Elgar Publishing.
- There is a huge demand in the world for aquaculture seafood, and the industry has grown a lot in the recent years. The book is meant to be a comprehensive guide to the complex regulatory seascape, says Irene Dahl.
“Our oceans are increasingly targeted for their resources. This forward-looking collection of essays explore how States and regional arrangements are responding to challenges in the growth of aquaculture. Clarity of exposition, in what is an increasingly complex area of law and policy, is combined with breadt, depth and richness of research. Most importantly, the authors draw out valuable lessons and experience from around the world.
This book is an essential reference point for anyone concerned with the sustainable use of our oceons”, writes Richard Barnes, from the University of Hull, UK, about the book.
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New book! Aquaculture Law and Policy. Global, Regional and National Perspectives Edited by Nigel Bankes, Irene Dahl and David L. VanderZwaag. Edward Elgar Publishing. Read more about the book here |
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09.09.2016:
Looking forward to share experiences at JCLOS Centre Days
The annual Centre Days at K. G. Jebsen Centre for the Law of the Sea (JCLOS) will be arranged 20. – 23. September.
Looking forward to share experiences at JCLOS Centre Days
The annual Centre Days at K. G. Jebsen Centre for the Law of the Sea (JCLOS) will be arranged 20. – 23. September.
The Centre Days at JCLOS are arranged around the annual visit by the members of the Center’s Scientific Advisory Board, a board set up to advise the Centre on important issues of scientific content.
The board members are world leading experts within the field of Law of the Sea and fisheries from Italy, Canada, UK, Australia and the Netherlands. So, in addition to internal meetings, there will be open presentations of ongoing research and workshops during the Centre Days.
- During the board’s visit, we would like to take advantage of their competence to stimulate to scientific activity, to involve students, and to be a networking arena for internal and external researchers who work with Law of the sea-related topics. It is also a chance to show our work to external visitors, says Ingvild U. Jakobsen, from K. G. Jebsen Centre for the Law of the Sea (JCLOS).
Wonderful oppurtunity
Phd student at JCLOS, Eva Romée van der Marel is looking forward to the event. Together with two other Phd-students, van der Marel will be the host of a workshop called Innovating for change in global fisheries governance, on Friday the 23. September.
- The workshop is a great chance for early career scholars to present their papers to academic leaders in their fields both from JCLOS and external ones, and to meet others who do research around the same topics, van der Marel says.
- It can be difficult to meet other doctoral students working in our field, so this is a wonderful opportunity to create a network and share experiences, says Camille Goodman, co-host of the workshop, and visiting Phd-student from the Australian National University in Canberra, Australia.
Modern problems meet old laws
At the workshop, the participants will discuss how we address complex and continuously evolving problems – such as illegal fishing for instance – within an established legal framework.
- How can we work with these problems in an innovative way, is the big question, van der Marel explains enthusiastically.
Welcomes everyone
She underlines that the workshop is open to everyone; also students or researchers from outside the field of Law.
- It will be interesting for everyone interested in fisheries, van der Marel concludes.
Those interested are requested to register by emailing van der Marel: (eva.v.marel@uit.no)
See the program for the JCLOS Centre Days here!
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01.09.2016:
- More cooperation needed to protect the Arctic
- The Arctic states need to have an efficient collaboration of Marine Protected Areas (MPAs) that are connected to each other, in order to protect the vulnerable ecosystems of the Arctic Ocean, says Law of the sea expert from JCLOS in a new book published at Brill.
- More cooperation needed to protect the Arctic
- The Arctic states need to have an efficient collaboration of Marine Protected Areas (MPAs) that are connected to each other, in order to protect the vulnerable ecosystems of the Arctic Ocean, says Law of the sea expert from JCLOS in a new book published at Brill.
The fragile Arctic marine environment is under growing pressure from climate change and the prospect of increasing human activity affecting previously untouched areas.
In her new book, Marine Protected Areas in International law – an Arctic Perspective published at Brill, Ingvild Ulrikke Jakobsen, researcher of K.G. Jebsen Centre for the Law of the Sea (JCLOS), argues that the Arctic states need to have an efficient collaboration of Marine Protected Areas (MPAs) that are connected to each other, in order to protect the ecosystems and the biodiversity of the Arctic Ocean.
MPAs a legal tool
- The challenges and threats against the biodiversity of the Arctic need to be seen together as a whole. MPAs is a legal tool for a more holistic, integrated ocean management, but it demands more cooperation between the states, Jakobsen argues .
Innovative aspects in international law
Jakobsens book is a part of a series from Brill.
-The monograph of Ingvild Ulrikke Jakobsen is one of the volumes published in the series of Queen Mary Studies in International Law, at Brill/ Matinus Nijhoff. This series strives to publish books which bring an innovative aspect to classical subjects of international law. The authors writing in this series are well-known experts in various fields of international law, whose research opens up new avenues in the analysis international law, says Jakobsens publisher from Brill, Malgosia FItzmaurice.
Innovative and original
- The book of Ingvild Jakobsen fits perfectly in this series as it links classical issues of international environmental law and the law of sea such as shipping and biodiversity within an innovative and original context of Marine Protected Areas (MPAs) as a tool to protect marine biodiversity in the fragile Arctic marine environment. Therefore, the monograph has analysed new approaches to classical issues of international law and introduces the reader to a new dimension of well-known aspects of the law of the sea and international environmental law, as well as general international law, says Malgosia Fitzmaurice.
Link to the book here!
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26.10.2015:
At UiT with prestigious Marie Curie Scholarship
Claudia Cinelli, at the K.G. Jebsen Centre for the Law of the Sea, came to Norway through a prestigious scholarship: The Marie Curie Scholarshop from the European Union.
At UiT with prestigious Marie Curie Scholarship
Claudia Cinelli, at the K.G. Jebsen Centre for the Law of the Sea, came to Norway through a prestigious scholarship: The Marie Curie Scholarshop from the European Union.
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| Marie Curie Fellow, Claudia Cinelli. Photo: Trude Haugseth Moe |
Dr. Cinelli was granted the scholarship for a post doc project about the role of the EU in the Arctic. She looks at which commercial interests exists in the Arctic, how they act and which responsibility they have for the environment.
- It is hard competition internationally for Marie Curie scholarships, so that Tromsø was chosen, matters a lot to us - it is prestigious for us, says professor Tore Henriksen, the leader of the K.G. Jebsen Centre for the Law of the Sea (JCLOS) at UiT –The Arctic University of Norway.
Holds workshop with leading professors
Monday, Claudia Cinelli will hold a workshop as her first dissemination activity, to show the mid-way results of her research. Leading professors from Norway, The Netherlands, Italy and the UK are expected.
Interest for the Arctic in the EU
Cinelli explains that in 2008, the EU launched a new interest of the Arctic. The EU has an intention to develop a specific policy for the Arctic, and needs more studies about the Arctic to develop a strategy for sustainability and security.
- So my project was very relevant for the EU, Cinelli says.
She explains that three main factors are important in the competition for the Marie Curie scholarship: Your CV has to show high quality and independent research as well as mobility skills; that you have studied or done research in several EU countries. (Cinelli has been in Italy, Spain, The Netherlands and in Norway)
Also, your topic of research must match the expertise of the host institution, and finally, the topic has to be relevant for the EU.
The highest expertise
- The host institution must have the highest expertise on the topic and be prestigious – which the JCLOS definitely is, Cinelli means.
Cinelli explains that the host institution is examined carefully, and the person in charge, professor Tore Henriksen’s CV was relevant: he is “high profile” in the field, according to dr. Cinelli.
- A “Marie Curie” also contributes by new networks to the other research institutions she is connected to, and she creates activity at the Centre by giving workshops etc. Being chosen for this program is very positive for JCLOS, professor Henriksen says.
The EU’s web pages say this about the Marie Cure scholarship: “This action is meant to support the best, most promising individual researchers from anywhere in the world.”
- The researchers being chosen for Marie Cure are very good, The host institutions, too: they are among the 10 percent of the appliers that are weighed and found heavy enough, says Per Magnus Kommandantvold from The research Council of Norway. He would like more Norwegian institutions to apply, though, saying that Norwegian institutions send fewer applications compared with other European countries.
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| Claudia Cinelli by the glacier "Sarkofagen", Svalbard, Photo: UiT |
Loves Tromsø
Claudia Cinelli has ben in Tromsø before. She spent a period of research here during her Phd-degree in 2009. That’s when she planned to return.
- I loved the place! Claudia smiles.
As much as the academic quality at the Faculty of Law, she likes life in Tromsø.
- I like the family atmosphere; it is a small community and everybody is kind, you never feel alone.
- The weather is of course…well, different from home, she smiles.
- But, the difference makes me love it! The darkness, the mountains, the landscape… I can learn a lot from the close relationship with the nature that you have here, the Marie Curie candidate concludes.
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About the Marie Curie Scholarshop: here. About Claudia Cinelli's post doc-projekt: here About the workshopen "The EU as a global actor in the Arctic", here. |
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21.09.2015:
UIT-researcher awarded prestigious international Prize
Vito De Lucia, Research Fellow in Law at the K.G.Jebsen Centre for the Law of the Sea, has been awarded The Richard Macrory Prize for the Best Article in the Journal of Environmental Law.
UIT-researcher awarded prestigious international Prize
Vito De Lucia, Research Fellow in Law at the K.G.Jebsen Centre for the Law of the Sea, has been awarded The Richard Macrory Prize for the Best Article in the Journal of Environmental Law.
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| Vito De Lucia, the happy Prize winner. Photo: Trude Haugseth Moe |
The Prize, £500 of OUP books, is awarded each year for the most thought-provoking and innovative article published in the Journal in that year. All articles published in the Journal are eligible for the award.
The Journal of Environmental Law, published by Oxford University Press, is the leading journal of environmental law in the UK. See http://jel.oxfordjournals.org/ for more details
The article publishes research carried out in relation to De Lucia’s PhD project, about to be submitted.
"I am incredibly honoured to have been awarded this important prize", says Vito De Lucia, who wishes to thank his collegues and advisors who have contributed with comments and guidance.
"This prize is a considerable recognition of his Research", says Tore Henriksen, leader of the K.G.Jebsen Centre for the Law of the Sea at UiT. "We are very happy and proud of De Lucia and wish to congratulate him".
From the committee's motivation:
“This article stood out with its masterful handling of a range of disciplinary approaches to consider an important issue – how we can understand the complexity of the ecosystem approach” and “We felt this paper has the potential to be a landmark paper for years to come and moves forward debate about concepts of environmental management in several interesting ways”
Find more information about the prize and the motivation here: http://www.oxfordjournals.org/our_journals/envlaw/richard_macrory_prize.html
An abstract of Vito De Lucia's article: http://jel.oxfordjournals.org/content/27/1/91.abstract
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18.09.2015:
World leading scientists visits K.G. Jebsen Centre for the Law of the Sea
Some of the most internationally renowned specialists within the Law of the Sea, will visit Tromsø during the Centre days at K.G. Jebsen Centre for the Law of the Sea. The good news is that you can attend their lectures!
World leading scientists visits K.G. Jebsen Centre for the Law of the Sea
Some of the most internationally renowned specialists within the Law of the Sea, will visit Tromsø during the Centre days at K.G. Jebsen Centre for the Law of the Sea. The good news is that you can attend their lectures!
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| Foto: Colourbox |
How do you ensure compliance with fishery regulations adopted for international waters, beyond the 200 nautical miles EEZs? What kind of international courts and other mechanisms may be used for resolving disputes under Law of the Sea? And vessels enjoying state immunity – what if they commit a crime?
These are some of the themes for the open lectures during the Centre days held 21 - 24 September. There will be many open lectures and a workshop, all concerning the Law of the Sea.
The lecturers are highly renowned scientists from Italy, Canada, Wales, Australia and Holland.
- These scientists are so important within their field of research that some people can get a little bit “starstruck” by meeting them, says a smiling Tore Henriksen, leader of the Centre.
- The lectures are open to everybody! They will in particular be interesting for students and researchers in fields like fishery science, nature science, economies, social science and law, says Christin Skjervold, senior advisor at the K.G. Jebsen Centre.
Read the program of the Centre days here!
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| Welcome to the Centre Days 21 - 24 September 2015. Christin Skjervold and Tore Henriksen. Photo: Trude Haugseth Moe. |
Verdensledende forskere innen havrett og fiskeri besøker UiT.
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25.03.2024:
Newsletter for February and March
We are well into 2024, and we wanted to bring you some news about what has happened since last update at the Norwegian Centre for the Law of the Sea!
Newsletter for February and March
We are well into 2024, and we wanted to bring you some news about what has happened since last update at the Norwegian Centre for the Law of the Sea!
In the last few weeks, we were happy to welcome two new visiting PhD students, César Soares de Oliveira, from the University of Eastern Finland and Johanna Sophie Bürkert [VD1] from the University of Copenhagen. César will remain until the end of April, while Johanna’s visit will end before the Easter break.
In February
On 23rd of February, our Associate Professor Youri van Logchem presented a paper on “The Good, the Bad, and the Ugly of RFMO/As: Some Reflections After 30 Years of the LOSC Entering into Force” at a conference on 'The Presence of International Organizations in the Evolution of the International Law of the Sea: Thirty Years since the Entry into Force of UNCLOS´, which was held at the University of A Coruña.
Youri van Logchem, also taught a lecture at the International Tribunal for the Law of the Sea (ITLOS). The theme was “Activities in Disputed Maritime Areas” on the capacity-building and training programme on dispute settlement under the United Nations Convention on the Law of the Sea (UNCLOS), a programme funded by the Nippon Foundation.
NCLOS Director Professor Vito De Lucia participated at the first annual Critical Legal Geography Conference held in Turin, Italy, to discuss the mutual constitution of space and law with several other transdisciplinary scholars. Vito presented a paper titled “Arctic Sanctuary. Anamnesis of a concept” and also participated in a panel discussion on critical theory and non-human geographies.
In March, our PhD Fellow Philipp Nickels presented at the conference Law of the Sea: Climate Change and other Recent Developments, which was organized jointly by the Lauterpacht Centre for International Law, University of Cambridge, and the Lisbon Public Law Research Centre, University of Lisbon. In his presentation, Philipp reflected on the normative relationship between the UN Convention on the Law of the Sea and the UN Climate Change Regime.We also hired a new junior researcher, Claudia D’Andrea, to work until the end of 2024 on a EU Horizon project called “B-useful”.
As the Easter break approaches, we wish you all a joyful and resting break, until next time!
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