Newsletter 2023/1

You are one of the Tribunal’s longest serving judges and have extensive experience in international law and international dispute settlement. What inspired you to become a judge, and what motivated you to specialize in the law of the sea?

I was born and raised in a maritime country surrounded by seas and the Pacific Ocean, and I have always been interested in everything related to the sea. After I joined the Ministry of Foreign Affairs of Japan, I served in various positions in its legal office, including that of Legal Advisor to the Foreign Affairs Minister. In these posts and also at the Permanent Mission of Japan to the United Nations, I was involved in many bilateral and multilateral negotiations involving international law matters, including fisheries and the continental shelf. When I was at the Permanent Mission to the United Nations, the Third United Nations Conference on the Law of the Sea started; I attended most of its sessions except for the last meeting in Caracas. In 2004, my predecessor Judge Yamamoto, renowned international law professor from Japan, advised me of his intention to leave ITLOS at the end of his nine-year term. I asked him, “Who will succeed you?” He answered, “You do it.” The Ministry of Foreign Affairs also asked me to run in the 2005 election at the Meeting of States Parties to UNCLOS. Thus, I became a judge.

You were the President of the Tribunal from 2011 to 2014. How is the role of the President different to that of other judges and what would you say were some of the challenges that you faced in your role as President?

In my view, the role of the President is fourfold: first and foremost, he or she administers the conduct of judicial work, including consultations with the parties to a dispute; second, the President manages the administration of the Registry, such as personnel and financial matters, in close cooperation with the Registrar; third, the President represents the Tribunal in the international community, including at the Meeting of States Parties to UNCLOS, the UN General Assembly, various meetings related to the law of the sea and with individual States; and fourth, the President has an incidental function under the Convention, which is to nominate arbitrators of Annex VII arbitral tribunals when either of the parties to a dispute does not nominate an arbitrator or the parties cannot reach an agreement on the nomination of the remaining three arbitrators within prescribed time limits. In carrying out these functions, the President faces many challenges. In particular, it is often difficult to conduct consultations with the litigating parties on the organization of written and oral proceedings; and at hearings, the President must decide on the spot whether to accept, reject or otherwise handle an objection raised by one party regarding the conduct of the other. The management of the Registry is not an easy task either, in particular regarding personnel matters, as opportunities for promotion of its staff members are limited in a small institution such as ours.

In your view, what are the important contributions the Tribunal can make to the peace and prosperity of the international community?

It goes without saying that the most important contribution of the Tribunal is the peaceful settlement of maritime disputes and the clarification of the rules of the law of the sea and international law through advisory opinions. To date, the Tribunal has delivered 25 judgments and orders, and given two advisory opinions. In addition, the Tribunal has contributed to the progressive development of the law of the sea through its jurisprudence. The following are some salient examples of such contribution: the application of “ship as a unit principle”; the first delimitation of the continental shelf beyond 200 nm in international adjudication; the clarification of the relationship between the “delineation” of the continental shelf beyond 200 nm by the CLCS and its “delimitation” by the Tribunal; a coastal State’s jurisdiction over bunkering by foreign vessels in its EEZ; the clarification by the Seabed Disputes Chamber of the responsibilities and obligations of sponsoring States with respect to activities in the Area; and the advisory opinion given by the full Tribunal on IUU fishing at the request of the Sub-Regional Fisheries Commission.

It is with great sadness that we bid farewell to Judge Vladimir Golitsyn, who passed away on 26 March 2023. As a distinguished jurist, he left an indelible mark on the field of international law, in particular in the law of the sea, and his contributions will not be forgotten.

Judge Golitsyn served as President of the Tribunal from 2014 to 2017, and his leadership helped shape the Tribunal’s work and mission during his tenure. His intelligence, insight and unwavering commitment to the rule of law made him a respected and admired figure in his field. He made significant contributions to the development of the law of the sea, in particular in areas such as maritime boundary delimitation, the settlement of law of the sea disputes and in areas concerning the legal regime of the Arctic. Judge Golitsyn’s passing is a profound loss to the international legal community, and I have no doubt that his legacy will continue to inspire future generations of lawyers and law of the sea enthusiasts.

We extend our deepest condolences to Judge Golitsyn’s family, friends and colleagues, and we join them in mourning his sad passing.

Ximena Hinrichs Oyarce

On 24 March 2023, ITLOS President, Albert Hoffmann, delivered a ceremonial address as the guest of honour at the 100^th Ostasiatisches Liebesmahl, an annual event promoting relations between Germany and the Asia-Pacific region, held at the Hamburg City Hall.

The Tribunal, in cooperation with the Université Côte d’Azur (Institut de la Paix et du Développement), will hold a regional workshop in Nice, France, on “The Role of the International Tribunal for the Law of the Sea in the Settlement of Disputes relating to the Law of the Sea”. The regional workshop will take place at the start of June 2023.

The second ITLOS Workshop for Legal Advisers (sponsored by the Republic of Korea) will take place at the premises of the Tribunal in July 2023. Organized for the legal advisers of Ministries of Foreign Affairs from African States, the week-long workshop will offer participants a series of lectures and discussion rounds with Judges, academics and practitioners.

ITLOS-Nippon capacity-building and training programme on dispute settlement under UNCLOS

After nine months of informative lectures and training, the six fellows of the ITLOS-Nippon capacity-building and training programme on dispute settlement under UNCLOS presented the results of their research to the Judges at the end of March. Their research topics covered the following subjects:

• “Prompt Release of Vessels and Crews: An Analysis of the ‘Reasonable Bond/Financial Security’ in Case of Marine Environmental Damage”;
• “Incidental Jurisdiction in Disputes under UNCLOS”;
• “Sustainability in Fisheries Subsidies Reform: A Perusal of the WTO Agreement on Fisheries Subsidies”;
• “Arrest, Detention and Release of Vessels under UNCLOS: A Perspective from the Gulf of Guinea”;
• “Les organisations régionales et sous-régionales des pêches en Afrique” ; and
• “The Grey Area in the Bay of Bengal: Current Legal Issues and Possible Cooperative Solutions between Bangladesh, India and Myanmar”.

The 17^th edition of the programme is scheduled to start on 17 July 2023.

Internship programme

Since the last newsletter, interns from Azerbaijan, Benin, Brazil, Cameroon, China, Germany, Greece, Italy, Mexico, the Philippines and Singapore have participated in the internship programme in the Legal Office of the Tribunal.

Alumni network

The ITLOS alumni series of events continued with presentations on State action at sea with a focus on maritime environmental law; ship recycling; investment protection of submarine cables; the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction; and the 27^th Conference of the Parties to the United Nations Framework Convention on Climate Change.

IFLOS Summer Academy

The next IFLOS Summer Academy is scheduled to take place from 30 July to 25 August 2023. Further information and the online application form are available on the website of the Foundation.

Ms Vanessa Arellano Rodríguez (Ecuador), Associate Legal Officer, United Nations Division for Ocean Affairs and the Law of the Sea, 2021-2022 ITLOS-Nippon fellow

Just over a year ago, my days as a Nippon fellow at the Tribunal were drawing to a close and I was hard at work preparing the research I would present to the Judges. Today, I write these lines from the Division of Ocean Affairs and the Law of the Sea (DOALOS) in New York, where I work as an associate legal officer.

Working at DOALOS and having the possibility to pursue a career in the law of the sea at the United Nations has been a long-held dream. My work at DOALOS focuses primarily on supporting the implementation of capacity-building programmes and training activities in partnership with the Nippon Foundation. Being on “the other side” allows me to contribute from my first-hand experience and to reflect daily on the importance of building capacity in ocean affairs and the law of the sea.

I always keep in mind the saying that “you never stop learning”. The law of the sea, and in particular the study of the Convention (broad as it is), always offers something new. Undoubtedly, my time at the Tribunal provided me with ample opportunity to learn and engage with both the work of the Tribunal and the ever-present importance of UNCLOS. The various lectures delivered by professionals of significant experience and expertise, including Judges and officials of the Tribunal, were of the highest quality. The sessions were enriched by the diversity of my fellow fellows and by the various conversations with lecturers outside the classroom.

As a 2021-2022 ITLOS-Nippon fellow, I was fortunate enough to witness the 25^th anniversary celebrations of the Tribunal, and only a couple of months ago I was fortunate to witness the commemorations of the 40^th anniversary of the adoption and opening for signature of the Convention. Witnessing these events from the premises of the Tribunal and today from the UN Headquarters has galvanized my professional development and has fuelled my passion for the field and my eagerness to continue learning. Importantly, it has reaffirmed my appreciation for the Convention, now and into the future. It has only been a few months since I became part of the network of the more than 500 ITLOS alumni, and I have already had the opportunity to meet several of them. The warmth with which we recognize each other is very special and speaks to the quality of the experience we had during our time at the Tribunal. I sincerely look forward to meeting and exchanging experiences and knowledge with the others!