Maritime Law

Better Monitoring and Data Gathering of Human Rights at Sea Necessary

Wilton Park published its report on “Human Rights Law at Sea,” discussing the key themes of discussion, problems identified, and recommendations for possible ways forward concerning human rights protections at sea. The Wilton Park “Human Rights Law at Sea” Conference, organized in partnership with Human Rights at Sea Advisory Board member Sir Malcolm Evans KCMG, OBE, FLSW, was initiated as a…

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Bill To Protect Rights, Interests of Filipino Seafarers Passed on Final Reading in The House

The House of Representatives approved on third and final reading a measure that seeks to protect the rights and interests of Filipino seafarers, ensuring that they have “full protection” before, during, and after employment, especially in the event of maritime accidents, epidemics or pandemics, or other natural or man-made crisis. Voting 304 against 4, the chamber overwhelmingly voted to pass…


No Picture

Maritime Legislation

According to Atty Brenda Pimentel:         “It is unfortunate that in this archipelago, there is no overarching policy direction that binds into a cohesive maritime aspiration. The fisheries sector, maritime transport industry, coastal tourism, recreational sector, marine environment protection and many more ocean-based activities are undertaken almost exclusively by each other, although at times it is submitted, collaboration is initiated….


General Assembly Adopts the United Nations Convention on the International Effects of Judicial Sales of Ships

The United Nations General Assembly adopted the United Nations Convention on the International Effects of Judicial Sales of Ships on 7-December-2022. The General Assembly authorized a signing ceremony for the Convention to be held as soon as practicable in 2023 in Beijing and recommended the Convention be known as the “Beijing Convention on the Judicial Sale of Ships. In most…


The Ukraine Crisis and the ‘West Philippine Sea:’ The Necessity of Self-Defense in International Law

There have been a number of comments in the domestic discourse on the Ukraine crisis – both on social media and mainstream media – but unfortunately, a discussion of the legal aspect seems to be wanting. An understanding of these issues cannot be sufficiently had without taking into account the pertinent rules of international law. For weeks the United States…


GemVer Fishermen Abandoned at sea by Chinese Vessel to Finally get Compensation

FB GemVer, the Filipino fishing boat sunk by Chinese vessel Yuemaobinyu 42212 on 9-June-2019 near Recto Bank within the Philippine EEZ had 22 Filipino fishermen onboard. The Yuemaobinyu 42212 is a Chinese steel-hulled fishing vessel operating from Guangdong, China. It is 44 meters (144 ft) in length with a beam of 8 meters (26 ft). The FB Gem-Ver is a…


Zonal Approach to the ‘West Philippine Sea’

The sea referred to as the ‘West Philippine Sea’ comprises different maritime zones, not all of which actually pertain to the Philippines as its territory from the perspective of international law. Given that the Philippines is a member of the international community, it is only advisable that it employ an approach consistent with international law in respect of its territory…


CENTRE OF EXCELLENCE for CLIMATE CHANGE MITIGATION in the Indo-Pacific/Indochina-Pacific Maritime Region

Phase 1 (4 years) – A Pacific Ocean marine corridor in central Philippines         Background. Phase 1 of the Programme spotlights a Pacific Ocean corridor in central Philippines serves as the initial focus for the wider Indo-Pacific/Indochina-Pacific 3/ maritime region that is critical to global health and security. This large sea area as designated is comprised of interconnected enclosed-semi-enclosed seas…



Aspects of the RP-US Defense Alliance

A Chinese embassy official once told a Philippine diplomat, “Why don’t you get closer to a friendly neighbour rather than a distant cousin?” Of course he was referring to the relationship between the Philippines and China vis a vis the former and the United States. On another occasion a US official, on the same topic similarly quipped, “Yes, you cannot…


Strengthening our Inter-Agency Cooperation to protect our National Interests

Introduction. The lack of maritime domain awareness and lack of expertise among countries in managing their maritime domain has allowed proliferation of lawlessness and crime on the seas. Organized crime and terrorism have become interconnected and more complex. A Philippine flag flutters from BRP Sierra Madre, a dilapidated Philippine Navy ship that has run aground since 1999 and became a…


Philippines Support of Neptune Declaration Highlights Vital Role of Seafarers

Numerous manning agencies based in Manila support the Neptune Declaration, to ensure the wellbeing of seafarers affected by the crew change crisis during the COVID-19 pandemic. According to local media, the Neptune Declaration was signed by over 450 maritime industry and human rights leaders, including Döhle Seafront Crewing (Manila), Philippine Transmarine Carriers (PTC), and OSM Maritime, representing the Philippines. Commenting…


Book Review on Farwell’s Rules of the Nautical Road

The Preface indicates that the book was first published as The Rules of the Nautical Road by the late Captain Raymond F. Farwell of the U.S. Naval Reserve and professor of transportation at the University of Washington. After its first publication in 1941, many statutory and regulatory changes have been made, including the international side. These necessitated the revision of…


The Problematic “West Philippine Sea”

All views expressed herein are the contributor’s and do not represent the opinions of any entity whatsoever with which he has been, is now, or will be affiliated. Through Administrative Order (AO) No. 29 series of 2012 the Philippine State named the sea areas west of the Philippine archipelago as the ‘West Philippine Sea’. It is important to clarify what…


Mobile Protected Areas Are Needed To Protect Biodiversity In The High Seas

World leaders are currently updating the laws for international waters that apply to most of the world’s ocean environment. This provides a unique opportunity, marine scientists argue this week, to introduce new techniques that allow protected zones to shift as species move under climate change. In an article in the 17-January-2020 issue of Science, researchers make the case for the United…


The Poseidon Principles

The Poseidon Principles establish a framework for assessing and disclosing the climate alignment of ship finance portfolios. They set a benchmark for what it means to be a responsible bank in the maritime sector and provide actionable guidance on how to achieve this. The Poseidon Principles are consistent with the policies and ambitions of the International Maritime Organization (IMO), including…


MARINE ENVIRONMENTAL PROTECTION IN THE SOUTH CHINA SEA: Reframing the narrative from one of contestation to consensus-building and cooperation

(A presentation made by (DENR) Department of Environment and Natural Resources, Undersecretary Analiza Rebuelta-Teh during the Roundtable Discussion on West Philippine Sea/South China Sea organized by the Philippine Council for Foreign Relations (PCFR) and Chinese People’s Institute of Foreign Affairs (CPIFA) held on 9-October-2019 at the Philippine International Convention Center (PICC) CURRENT STATE OF THE MARINE ENVIRONMENT AND RESOURCES IN…


India Joins the Hong Kong Convention

The Indian Union Cabinet approved the proposal of entering to the Hong Kong International Convention for Safe and Environmentally Sound Recycling of Ships, being the 14th country to join the convention, following the most recent member, Germany. India is a leader of the global ship recycling industry, with a share of more than 30% of the market. The industry being…


International Law of Naval Warfare Is Set for an Update

In mid-December, the U.S. Naval War College gathered experts in naval operations and maritime law for a conference on an upcoming revision to the San Remo Manual, the principal legal document regarding armed conflicts at sea. “The San Remo Manual is one of the most respected compilations of the law of naval warfare, and we are so proud to engage…


South Korea’s Fisheries Laws Improve, but Vigilance Is Needed

South Korea’s revision of its Distant Water Fisheries Development Act is crucial progress in tackling illegal fishing, as it allows deterrent sanctions to be applied quickly and efficiently, say a group of international and Korean NGOs. However, they also raise concerns about the new head of a key agency that certifies seafood legality. The official was in post when serious…



International Human Rights Law Proposed Amendments For New UN Oceans Treaty

London, UK. Human Rights at Sea published a short independent legal briefing note on proposed amendments to the draft agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction to include International Human Rights Law. These amendments note an absence of human rights…



Draft of New Legally Binding UN Law of the Sea Regulations Released

The First Draft of the UN Law of the Sea “BBNJ” Agreement on Biodiversity in Areas Beyond National Jurisdiction has been released for review 28-June-2019. The initial version of the new legally binding instrument on the conservation and sustainable use of marine life in areas beyond national jurisdiction (BBNJ) is available from U.N. at: https://www.un.org/bbnj/sites/www.un.org.bbnj/files/draft_text_a.conf_.232.2019.6_advanced_unedited_version_corr.pdf. The World Ocean Council (WOC)…


Mapping the Impact of Illicit Trade on the Sustainable Development Goals: An Executive Summary

Illicit trade and the UN Sustainable Development Goals (SDGs). From smuggling, counterfeiting and tax evasion, to the illegal sale or possession of goods, services, humans and wildlife, illicit trade is compromising the attainment of the UN SDGs in significant ways, crowding out legitimate economic activity, depriving governments of revenues for investment in vital public services, dislocating millions of legitimate jobs,…