Showing papers on "Internal waters published in 2021"

Euro-Mediterranean Experiences on Management of Migration Governance

Abstract: Central Mediterranean migrations have led to a series of initiatives by successive Italian governments, initiatives aimed at countering the arrival in the ports of the Peninsula of boats with people rescued at sea. Two are the guidelines followed: the “outsourcing” of the migratory phenomenon’s management, which began in particular through the “Memorandum of Understanding on migrants” stipulated with the government of Tripoli on 2 February 2017; and the “disengagement” with respect to Search and Rescue activities at sea, gradually limiting the direct involvement and above all discouraging these operations by NGOs, “guilty” of attracting rescued persons to the Italian jurisdiction. In 2018 and 2019, the two so called “security decrees” arrived. These decrees provide, among other things, measures to combat the phenomenon of irregular migration by sea at all costs, including through a progressive detachment from the international commitments undertaken. In this Note I would like to dwell in particular on a single aspect of the “security decree bis” (n. 53/19 converted by law n. 77 of 8 August 2019) which concerns the interpretation of the right of innocent passage in the territorial sea, an institution codified by the United Nations Convention on the Law of the Sea signed in Montego Bay in 1982 and ratified by Italy in 1994.

The Award Concerning Jurisdiction in the Coastal State Rights Dispute Between Ukraine and Russia: What Has Been Decided and What to Expect Next

Abstract: On 21 February 2020, the Annex VII Tribunal rendered its Award concerning the jurisdiction in the Dispute Concerning Coastal State Rights in the Black Sea, the Sea of Azov, and Kerch Strait (Dispute Concerning Coastal State Rights in the Black Sea, Sea of Azov, and Kerch Strait (Ukraine v. the Russian Federation), PCA Case No. 2017-06, Award Concerning the Preliminary Objections of the Russian Federation [Award], 2020). The Award opened a new chapter in the high-stakes legal battle between Ukraine and the Russia Federation over the alleged seizure and exploitation of oil fields on Ukraine’s continental shelf, fisheries near the coast of Crimea, navigation through Kerch Strait, the construction of Kerch Bridge, and the conduct of studies of underwater archeological and historical sites in the Black Sea. The Award reflected on six objections raised by Russia. Thus, the Tribunal backed Russia’s arguments that ruling on most Ukrainian claims concerning the rights in the Black Sea will inevitably require the Tribunal to first decide on the issue of sovereignty over Crimea. Therefore, it won’t have jurisdiction over those claims. Addressing the objection concerning the status of Kerch Strait and the Sea of Azov, the Tribunal stressed that the issue does not possess an exclusively preliminary character and cannot be resolved without judging on the merits. It also disagreed with the Russian objection that UNCLOS does not at all regulate a regime of internal waters. The Tribunal listed three examples of provisions of UNCLOS that are applicable to internal waters. They regulate 1) the boundaries of the internal waters areas; 2) execution of the right of innocent passage in internal waters areas which had not previously been considered as such, and 3) protection and preservation of the marine environment. The Tribunal declined further objections of the Russian Federation and set 20 August 2021 as a deadline for the submission of memoranda by the parties.