Tag: UNCLOS

Taking environmental protection ideas and recommendations seriously Proposals to protect the world's oceans have been welcomed by the International Chamber of Shipping (ICS), the principal trade association for merchant shipowners. ICS recommends that the Global Ocean Commission's (GOC) ideas should be taken seriously.The GOC wishes to see a greater level of environmental protection, especially with respect to areas of economic activity, other than shipping, that currently may not be adequately regulated. Issues addressed in its inquiry report, launched in New York last night, include preserving global fishing stocks, preventing ongoing damage to ecosystems caused by land based industry and agriculture, and preventing the acidification of the sea.ICS Secretary General, Peter Hinchliffe said: "The shipping industry is very fortunate in already having an established framework of global Conventions and rules that have been developed by the United Nations International Maritime Organization. For the most part these IMO rules are fully implemented and enforced worldwide and have directly contributed to the improvement of shipping's environmental performance. However, shipowners are global citizens who will share the GOC's concern about the vacuum that still exists with respect to wider governance and protection of the oceans."Ideas set out by the Global Ocean Commission include the ...

The Security Council banned illicit crude oil exports from Libyaon March 19th 2014, authorizing States to inspect vessels on the high seas, using all measures commensurate to the specific circumstances.

The International Chamber of Shipping (ICS), which represents over 80% of the world merchant fleet, has issued a new position paper on Arctic shipping. As the Arctic becomes more accessible, ICS has set out some key principles with regard to the future governance of Arctic waters.Offshore support vessel activity is already significant, while destination shipping is anticipated to grow as the extraction of energy and raw materials is developed. Use of the Northern Sea Route is also a reality for a small but increasing number of ships in the summer months.ICS therefore stresses the importance of Arctic nations respecting the United Nations Convention on the Law of the Sea (UNCLOS) and relevant IMO Conventions and Codes such as SOLAS and MARPOL.ICS Director of External Relations, Simon Bennett explained: "As the volume of Arctic shipping gradually increases, there is a growing awareness about the need for a high degree of care when ships navigate Arctic waters. However, the proper forum for addressing these concerns is the International Maritime Organization, which is currently developing a Polar Code that is expected to be mandatory. It is most important that Arctic nations avoid unilateral measures that might cut across IMO Conventions or the provisions ...

ICS Congratulates UN Sec- Gen on the 30th Anniversary of UNCLOS

Shipping s Environmental Impact Is Well Regulated By IMO And UNCLOS Should Be Left AloneShipping s Environmental Impact Is Well Regulated By IMO And UNCLOS Should Be Left Alone

United Nations Convention on the Law of the Sea ratification The commander of United States military forces in the Pacific has urged the US Senate to ratify the United Nations Convention on the Law of the Sea (UNCLOS).If it signed, the US would be in a "much stronger position to demand adherence to the rules contained in it," Navy Adm. Samuel J. Locklear III told the US Senate foreign relations committee Friday (Saturday in PHL). He briefed Pentagon reporters afterwards.Locklear said that because the US is not a party to the UNCLOS, "Our challenges are less credible than they might otherwise be."During recent visits of Philippine officials to the US-culminating with the visit of President Aquino this June-the US has urged countries disputing all or parts of the South China Sea to adhere to rules prescribing peaceful resolution of conflicting claims.The UNCLOS treaty was opened for signature in December 1982 and took effect in November 1994, when 60 countries had signed.The Pentagon noted in a news release on the US Department of Defense website that the US, "has not ratified the treaty, but the nation's military leaders have in recent months urged US accession to the agreement."Locklear said he told ...

These days it is the lawyers who would rule the waves The jokes about peg legs, parrots and the Jolly Roger are long gone.Piracy is no laughing matter and these days it is the lawyers who would rule the waves.According to the 1982 United Nations Convention on the Law of the Sea (UNCLOS), piracy is defined as "any illegal act of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship".Further, UNCLOS states that "all states have an obligation to cooperate to the fullest possible extent in the repression of piracy and have universal jurisdiction on the high seas to seize pirate ships and aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons and seize the property on board". The convention also allows states to "exercise a right of visit vis-a-vis ships suspected of being engaged in piracy".What sounds relatively simple on paper is more complex in reality. An immediate difficulty is the phrase "high seas", which refers to international waters. Most attacks are carried out in Somali waters, but Somalia has no effective government on land, let ...

Says ICS When it comes to governing the oceans, shipping largely has its house in order - that is the view of the International Chamber of Shipping (ICS) whose Chairman, Spyros M Polemis, took part in a major debate about oceans governance, in Singapore (Feb 23rd and 24th).Discussing 'Who Should Rule The Waves' at the World Ocean Summit, organised by The Economist magazine, Mr Polemis outlined how any suggestion of radically revising the United Nations Convention on the Law Of the Sea (UNCLOS) would not be welcomed by the international shipping industry.Because of the delicate balance of rights and responsibilities that exists between flag states, port states and coastal states, the shipping industry is very reluctant to support a fundamental revision of UNCLOS.Apart from enshrining the principle of global maritime rules, which are vital to the industry, UNCLOS also establishes the right of all nations to freedom of navigation on the high seas and the right of innocent passage in territorial waters. It also deals with delicate issues such as the rights of all ships to use international straits which are of great strategic importance.Because UNCLOS addresses a number of other sensitive issues, not just affecting shipping, ICS believes it ...

Sigrid Luber, President of OceanCare, lives in hope Ocean Noise Pollution (ONP) is a source of marine pollution in the form of acoustic energy that has garnered international recognition in recent years. In fact, a number of fora including the United Nations General Assembly (UNGA), International Maritime Organization, Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas, Agreement on the Conservation of Cetaceans in the Black Sea, Mediterranean Sea and contiguous Atlantic area and International Whaling Commission, have by now acknowledged that ONP is capable of negatively impacting on marine ecosystems and marine living resources.The diversity of the sources of ONP, which include shipping and seismic airguns used in the exploration of offshore oil and gas resources, let alone military activities, is arguably the main reason why no mitigation measures have been agreed by states so far. Indeed, it is difficult to envisage a one size fits all approach when it comes to the impacts of ONP. For instance, a number of scientific studies have shown that noise generated by shipping produces behavioural deviations in bluefin tuna schools, affecting the accuracy of their migrations to spawning and feeding grounds, with potentially significant effects on their fitness ...

Piracy escalates with 60 hostages so far losing their lives As piracy escalates and with 60 hostages so far losing their lives, the former President of the European Community Shipowners' Association has called for tougher measures to tackle the growing problem including the formation of a Global Task Force.Marnix van Overklift, speaking yesterday at a European Parliament seminar on piracy, also reminded the International Community of its obligation to ensure safe navigation in international waters as stated in the United Nations Convention on the Law of the Sea (UNCLOS).Since 2008, over 3,000 seafarers have been taken hostage and at this time, up to 400 are believed to be captive in Somalia.
Mr van Overklift, while appreciating the efforts of the European Naval Force (EU NAVFOR) and other military forces, called for their security strategy to be continued and strengthened both in terms of resources made available by Member States with robust rules of engagement.He said the lack of military resources had forced ship owners to use private armed guards to protect their crews but this had introduced a multitude of practical problems such as the certification of guards and liability issues."A UN framework agreement on the use of private armed guards ...