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

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1 ACADÉMIE DE DROIT INTERNATIONAL DE LA HAYE Palais de la Paix, Carnegieplein 2, 2517 KJ La Haye, Pays-Bas 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, January 2011 Bilingual seminar (English and French) with simultaneous translation - Cours bilingue (français et anglais) avec traduction simultanée The theme of the 7 th 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 2 Introduction Sunday, 16 January (Seminar Room, Academy) 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) Organizational Matters Samantha Besson, Seminar Coordinator for The Hague Academy of International Law and Professor of Public International Law, University of Fribourg (in French) 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) 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) Welcome dinner (Restaurant Garoeda) I. Security & Public International Law of the Sea Monday to Thursday, January (Seminar Room, Academy) A. New Boundaries of Sovereignty in the High Seas 1. Extended Continental Shelf Monday, 17 January Badges and security The Deep Seabed and the Outer Limits of the Continental Shelf Delimitations and Negotiations 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) Guided Tour of the Peace Palace

3 3 2. Freedom of Navigation Monday, 17 January Civil and Military Navigation in the High Seas International Straits and Passages 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 Public International Law of the Marine Environment (UNCLOS Part XII) Regulatory/Penal Law of Marine Pollution including Ship Emission Control Private Law Aspects of Marine Pollution Damage 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 SOLAS Chapters XI-1 and XI-2 and the ISPS Code The 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA Convention) and the 2005 Protocol 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 4 2. Piracy Wednesday, 19 January Legal Regime Protection Jurisdiction, Prosecution and Sanctions 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) Meet the ICJ session: The ICJ s Recent Practice in the Law of the Sea 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) Lessons from the International Court of Justice s Internal Practice in Judicial Matters Discussion 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) 3. Terrorism and Smuggling Thursday, 20 January Terrorism Smuggling (Weapons of Mass Destruction, Drugs and Migrants) Case studies and Discussion Speaker: Dr Douglas Guilfoyle, Lecturer in International Law, University College, London (in English)

5 5 4. Prompt Release and Provisional Measures Thursday, 20 January Prompt Release Provisional Measures Case studies and Discussion II. Security & Maritime Law 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) Friday, 21 January (Seminar Room, Academy) 1. Security & Maritime Labour Law Friday, 21 January The ILO Maritime Labour Convention (2006) The ILO Seafarers Identity Documents Convention (2003) 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 The Security Aspects of the Maritime Transportation Contract: A Comparison between the Old Hague Rules and the New Rotterdam Rules The Law relating to Collisions, General Average and Salvage at Sea 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) Presentation of Grotius Mare liberum (1 st edition) (Historic Reading Room) Speaker: Jeroen Vervliet, Head Librarian, Peace Palace Library, The Hague (in English) Farewell drinks (Refectorium)

6 6 III. Security in the Arctic Saturday, 22 January (Seminar Room, Academy) Arctic Boundary Disputes The Northwest Passage and Northern Sea Route: Navigation, Jurisdiction and Environmental Protection Arctic Seabed Resources Arctic Security 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)