The Russian Federation and the Arctic Sunrise Case: Hot Pursuit and Other Issues under the LOSC

The Arctic Sunrise case was brought unilaterally by the Netherlands against the Russian Federation under the United Nations Convention on the Law of the Sea on October 4, 2013 after the Russian Federation had boarded the vessel and arrested it and its crew. The article discusses the subsequent arbitral proceedings and in particular assesses the reasoning of the arbitral tribunal on the issue of hot pursuit. It concludes that the tribunal’s findings are controversial in several respects. Although the Russian Federation did not participate in the arbitration, it did issue a number of official statements and documents. The article provides a legal assessment of these statements and documents, concluding that they are difficult to square with the applicable law on a number of points

The Russian Federation and the Arctic Sunrise Case: Hot Pursuit and Other Issues under the LOSC

The Arctic Sunrise case was brought unilaterally by the Netherlands against the Russian Federation under the United Nations Convention on the Law of the Sea on October 4, 2013 after the Russian Federation had boarded the vessel and arrested it and its crew. The article discusses the subsequent arbitral proceedings and in particular assesses the reasoning of the arbitral tribunal on the issue of hot pursuit. It concludes that the tribunal’s findings are controversial in several respects. Although the Russian Federation did not participate in the arbitration, it did issue a number of official statements and documents. The article provides a legal assessment of these statements and documents, concluding that they are difficult to square with the applicable law on a number of points

Coastal states and MPAs in ABNJ : Ensuring consistency with the LOSC

To address the question how a future instrument for areas beyond national jurisdiction (ABNJ) might give consideration to the rights and obligations of coastal States and other States in establishing marine protected areas (MPAs) in ABNJ, the current article discusses the options that have been tabled in this respect in the preparatory meetings for the intergovernmental conference that will be negotiating that instrument. In considering the current legal framework, the focus is on the United Nations Convention on the Law of the Sea (LOSC), as the new instrument is to be elaborated under the LOSC and is required to be fully consistent with it. The article analyses the relevant practice of four specific regions that have established MPAs in ABNJ. The article concludes that due regard is fundamental in addressing interactions between coastal States and other States and considers some options to provide it with specific content

Exploring the future of the institutional landscape of the oceans beyond national jurisdiction

A comprehensive regime for biodiversity in marine areas beyond national jurisdiction (ABNJ) is currently being negotiated at an intergovernmental conference convened by the United Nations. One of the aspects of the negotiations concerns the institutional arrangements of the treaty that is to be developed. Many activities in ABNJ currently are being regulated at the sectoral and/or regional level, raising the question how the institutional arrangements of the treaty are to interact with these existing frameworks. The article first provides some further information on the background to the current negotiations, then looks at the current status of those negotiations and next attempts to sort out and appraise the options for institutional arrangements. Three main approaches have been tabled: a global approach, a regional approach or a combination of the two. The article concludes that the institutional arrangements of the treaty may be the most critical element in accomplishing an effective regime for the sustainability of ABNJ