Seminar for Advanced Studies in Public and Private International Law Hague Academy of International Law

Loading....

Loading....

Loading....

Loading....

Loading....

Full text

(1)

________________________________________ HAGUE ACADEMY OF INTERNATIONAL LAW Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands

Security in the International Law of the Sea

– La sécurité en droit international de la mer

Seminar for Advanced Studies in Public and Private International Law

Hague Academy of International Law

7th session

The Hague, 16-22 January 2011

Bilingual seminar (English and French) with simultaneous translation - Cours bilingue (français et anglais) avec traduction simultanée

The theme of the 7th session of the Seminar for Advanced Studies in Public and Private International Law is Security in the International Law of the Sea.

The public and private international law of the sea is assuming a new prominence in international affairs. It raises new challenges ranging from questions of environmental protection and offshore resource exploitation, to legal contests over arctic resources and global-warming opened sea passages, and regarding the risks of piracy, maritime terrorism, human trafficking and smuggling of weapons of mass destruction. Besides substantive challenges of this kind, international law of the sea is also encountering background difficulties well-known to other regimes of international law, and in particular those pertaining to the fragmentation of international and regional legal regimes, to enforcement difficulties at domestic and international level and to the proliferation of dispute settlement mechanisms. Held one year before the 2012 celebration of the thirtieth anniversary of the UN Convention on the Law of the Sea and two years after the adoption of the “Rotterdam Rules”, the seminar provides a unique opportunity to look back over thirty years of practice and to both identify unresolved issues of contention and potential solutions and articulate reform proposals. The seminar aims to provide participants with up-to-date and advanced knowledge of the guarantees and mechanisms of implementation of international law of the sea by focusing on one central question to most areas of contention in the field: the issue of security and the challenges it creates for practitioners. After an introduction to the main challenges currently faced by international lawyers of the sea, the teaching programme is divided into two complementary sections: the first one is devoted to the question of security at sea in public international law, while the second broaches further dimensions of the topic under private international law and maritime law. Among the public and private international law dimensions of the question of the security at sea that will be addressed are: access to living and non-living ocean resources in the outer continental shelf and the deep seabed; navigation and passage rights in international straits and high seas; protection of the marine environment; protection against violence at sea and law enforcement; protection of seafarers’ rights and safety; sea carriers’ security obligations and contractual liability regime. A third and final section of the seminar will be dedicated to the security at sea in the Arctic; this will provide a concrete situation regarding which participants will be able to address the different issues of public and private law of the sea discussed during the week in an applied and holistic fashion.

The seminar is aimed chiefly at practitioners (prosecutors, judges, national and international legal officers, attorneys at law, diplomats, etc.) working in the field of international law of the sea and who need an intensive training or a brush-up in its public and private international law aspects. The seminar adopts a practice-oriented approach and is based on the extensive experience of renowned practitioners and the expertise of leading international academics in the field.

(2)

Introduction

Sunday, 16 January (Seminar Room, Academy)

15.00-15.15 Welcome and Opening Speeches

Yves Daudet, Secretary General of The Hague Academy of International Law and Professor of Public International Law, University Paris I Panthéon-Sorbonne (in French)

15.15-16.00 Organizational Matters

Samantha Besson, Seminar Coordinator for The Hague Academy of International Law and Professor of Public International Law, University of Fribourg (in French)

16.15-17.15 Mapping the Maritime Security Debate

Samantha Besson, Seminar Coordinator for The Hague Academy of International Law and Professor of Public International Law, University of Fribourg, Switzerland (in French)

17.15-18.00 Brainstorming Session and Discussion

Samantha Besson, Seminar Coordinator for The Hague Academy of International Law and Professor of Public International Law, University of Fribourg, Switzerland (in French)

19.30 Welcome dinner (Restaurant Garoeda)

I. Security & Public International Law of the Sea

Monday to Thursday, 17-20 January (Seminar Room, Academy) A. New Boundaries of Sovereignty in the High Seas

1. Extended Continental Shelf Monday, 17 January

08.30-09.00 Badges and security

09.00-10.00 The Deep Seabed and the Outer Limits of the Continental Shelf 10.15-11.00 Delimitations and Negotiations

11.00-12.30 Case studies and Discussion

Speaker: Geneviève Burdeau, Professor of Public International Law, Université Paris I Panthéon and Member of the Curatorium of The Hague Academy of International Law (in French)

(3)

2. Freedom of Navigation Monday, 17 January

15.00-16.00 Civil and Military Navigation in the High Seas 16.15-17.00 International Straits and Passages

17.00-18.00 Case studies and Discussion: Maritime Interception Operations

Speaker: James Kraska, Commander in the United States Navy and Professor of International Law, Naval War College, Newport (in English)

B. Protection of the Environment at Sea Tuesday, 18 January

09.00-10.00 Public International Law of the Marine Environment (UNCLOS Part XII) 10.00-11.00 Regulatory/Penal Law of Marine Pollution including Ship Emission Control 11.15-12.00 Private Law Aspects of Marine Pollution Damage

12.00-13.00 Case studies and Discussion: Case study on Liability and Compensation for Marine Pollution Damage

Speaker: Proshanto K. Mukherjee, Professor of Maritime Safety and Environmental Protection, World Maritime University, Malmö (in English)

C. Protection against Violence at Sea Tuesday to Thursday, 18 to 20 January 1. Port and Navigation Security Tuesday, 18 January

14.00-15.00 SOLAS Chapters XI-1 and XI-2 and the ISPS Code

15.15-16.30 The 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention) and the 2005 Protocol

16.30-18.00 Case studies and Discussion: Problem Solving Exercise on ISPS and SUA

Speaker: Proshanto K. Mukherjee, Professor of Maritime Safety and Environmental Protection, World Maritime University, Malmö (in English)

(4)

2. Piracy

Wednesday, 19 January

9.00-10.00 Legal Regime 10.15-11.00 Protection

11.00-12.30 Jurisdiction, Prosecution and Sanctions 14.00-16.00 Case studies and Discussion

Speaker: Djamchid Momtaz, Professor of Public International Law,

University of Teheran, Iran and Member of the Curatorium of The Hague Academy of International Law (in French)

16.15-18.00 “Meet the ICJ” session: The ICJ’s Recent Practice in the Law of the Sea

16.15-16.45 The Role of the International Court of Justice’s Case-law in the Field of Maritime Delimitation

Speaker: Judge Raymond Ranjeva, Former Judge and Vice-President of the International Court of Justice, Professor emeritus of International Law, University of Madagascar and Member of the Curatorium of The Hague Academy of International Law (in French)

16.45-17.15 Lessons from the International Court of Justice’s Internal Practice in Judicial Matters

Speaker: Dr Jean-Pierre Isselé, Principal Legal Secretary of the International Court of Justice and Head of the Department of Legal Matters at the International Court of Justice’s Registry (in French)

17.15-18.00 Discussion

3. Terrorism and Smuggling Thursday, 20 January

09.00-10.00 Terrorism

10.15-11.30 Smuggling (Weapons of Mass Destruction, Drugs and Migrants) 11.30-12.30 Case studies and Discussion

Speaker: Dr Douglas Guilfoyle, Lecturer in International Law, University College, London (in English)

(5)

4. Prompt Release and Provisional Measures Thursday, 20 January

14.00-15.00 Prompt Release 15.15-16.00 Provisional Measures 16.00-18.00 Case studies and Discussion

Speaker: Jean-Pierre Cot, Judge at the International Tribunal for the Law of the Sea, Hamburg and Professor emeritus of International Law, Université Paris I Panthéon (in French)

II. Security & Maritime Law

Friday, 21 January (Seminar Room, Academy) 1. Security & Maritime Labour Law

Friday, 21 January

09.00-10.00 The ILO Maritime Labour Convention (2006)

10.00-11.00 The ILO Seafarers Identity Documents Convention (2003) 11.15-12.30 Case studies and Discussion

Speaker: Dr Cleopatra Doumbia-Henry, Director, International Labour Standards Department, International Labour Organisation, Geneva (in English)

2. Security & Maritime Transportation Law Friday, 21 January

14.00-15.00 The Security Aspects of the Maritime Transportation Contract: A Comparison between the Old Hague Rules and the New Rotterdam Rules

15.00-16.00 The Law relating to Collisions, General Average and Salvage at Sea 16.15-17.30 Case studies and Discussion

Speakers: Gertjan van der Ziel, Professor emeritus of Transportation Law, Erasmus University of Rotterdam and Frank Smeele, Professor of Commercial and Maritime Law, Erasmus University of Rotterdam (in English)

17.45-18.30 Presentation of Grotius’ Mare liberum (1st edition) (Historic Reading Room) Speaker: Jeroen Vervliet, Head Librarian, Peace Palace Library, The Hague (in English)

(6)

III. Security in the Arctic

Saturday, 22 January (Seminar Room, Academy)

09.30-10.30 Arctic Boundary Disputes

10.45-12.30 The Northwest Passage and Northern Sea Route: Navigation, Jurisdiction and Environmental Protection

14.00-15.00 Arctic Seabed Resources 15.15-16.00 Arctic Security

16.00-17.00 Case studies and Discussion: Shipping, Security and Environmental Protection in the Arctic

Speaker: Michael Byers, Professor of International Law, University of British Columbia, Vancouver (in English)

Figure

Updating...

References

Updating...

Related subjects :