2019-2020

Issue 7

The EU Maritime Security Strategy and Climate Change: The Case of Maritime Transportation and New Challenges Ahead

by Borja MONTES TOSCANO 13 August 2020

Climate change has become one of the most critical concerns for mankind and urgent action is needed. The European Union (EU) Global Strategy of 2016 also considers climate change as a severe factor that may disrupt economic growth and endanger both citizens and territory. The International Maritime Organization (IMO) sought, but failed to reach, a …More

Issue 7

The European Union is not a State: International Responsibility for Illegal, Unreported and Unregulated Fishing Activities

by Lorenzo GASBARRI 6 July 2020

This paper focuses on the responsibility of the European Union in the context of illegal, unreported and unregulated fishing activities. It aims to debate some of the legal issues that characterize its role as a global actor dealing with marine resources and the protection of the environment. For this purpose, I analyse an Advisory Opinion …More

Issue 7

Why Evolving European SAR Policies Threaten Merchant Shipping

by Richard KILPATRICK 20 March 2020

Operators of commercial vessels have rescued tens of thousands of migrant seafarers in the Mediter- ranean Sea since 2014. For commercial actors, swift disembarkation of survivors is critical to ensure safety and prevent further disruption to the rescuing vessel’s primary voyage. From 2014 through 2017, European coastal states such as Italy, Malta, and Greece permitted …More

Issue 7

Appropriate Measures at Sea: Extraterritorial Enforcement Jurisdiction over Stateless Migrant Smuggling Vessels

by Thea COVENTRY 20 December 2019

The recent migrant crisis in the Mediterranean Sea has clearly revealed the unclear legal basis for interdicting stateless migrant smuggling vessels in international waters. Despite claims to unilateral enforcement powers by some Western states, the law of the sea does not provide a strong jurisdictional basis for seizing such vessels outside territorial waters. Western destination …More

Issue 6

Delivering Refugees and Migrants to a ‘Place of Safety’ Following Rescue by States at Sea

by Fenella M.W. BILLING 7 October 2019

Irregular migration by sea leads states such as Italy and Australia to conduct maritime rescue operations involving refugees and other migrants. During these operations, states must deal with the question of where to disembark survivors. The law of the sea regime obliges states to ensure survivors are delivered to a ‘place of safety’, arguably requiring …More

Issue 6

An Incident of ‘Piracy’ off the Coast of Suriname? The Definition of Piracy and the Use (and Misuse) of International Law Terminology

by Jessica SCHECHINGER 7 October 2019

According to media coverage, a ‘pirate attack’ took place off the coast of Suriname in April 2018. This submission assesses whether the violent incident meets the definition of piracy under international law, reviews different (legal) definitions, and highlights the importance of the location of the attack. It is argued that the use of the term …More

Issue 6

Turkish Straits and Safety of Navigation: the Case of the Vitaspirit

by Selim CIGER 15 July 2019

The Turkish Straits remain one of the most congested and perilous international waterways in the world. There have been a great number of incidents, resulting in physical damage, pollution and loss of life. A recent accident, where the bulk carrier ‘Vitaspirit’ suffered engine malfunction and crashed into the Bosporus coastline, has once again demonstrated the …More