Latest news with #ITLOS
Scoop
20-06-2025
- Politics
- Scoop
ITLOS Judge Highlights Legal Duty To Strengthen Fisheries Enforcement At Judicial Symposium
Press Release – Pacific Islands Forum Fisheries Agency The Judicial Symposium is attended by judicial representatives from eight FFA Members; Federated States of Micronesia, Fiji, Kiribati, Republic of the Marshall Islands, Papua New Guinea, Samoa, Solomon Islands and Tuvalu. HONIARA, 20 JUNE 2025 – As the Judicial Symposium 2025 wraps up today in Honiara, one of the standout moments of the three-day gathering was the keynote address delivered by Honourable. Judge Dr Kathy-Ann Brown of the International Tribunal for the Law of the Sea (ITLOS). In her address, Judge Brown called on Pacific judicial leaders to reinforce legal frameworks that address Illegal, Unreported and Unregulated (IUU) fishing and uphold obligations under international law. Addressing Chief Justices, Judges, Magistrates and legal experts, Judge Brown outlined how legal responsibilities under the United Nations Convention on the Law of the Sea (UNCLOS) are evolving, especially concerning due diligence, flag State liability – the responsibility of a country to monitor and control the actions of fishing vessels it has registered – and cooperation on the conservation of shared fish stocks. The Judicial Symposium is attended by judicial representatives from eight FFA Members; Federated States of Micronesia, Fiji, Kiribati, Republic of the Marshall Islands, Papua New Guinea, Samoa, Solomon Islands and Tuvalu. 'The standard of due diligence has to be more severe for the riskier activities,' Judge Brown stated, referencing IUU fishing within Exclusive Economic Zones (EEZs). 'The Tribunal addresses the sorts of measures that flag States would be expected to take, to fulfil its due diligence obligations with respect to IUU fishing in the EEZ,' she added. Judge Brown stressed that due diligence is not fixed, but shaped over time by scientific progress, emerging risks, and enforcement expectations. She made clear that legal liability for States may arise where there is a failure to meet these standards. 'A flag State… could be held liable only where there has been a failure to comply with its due diligence obligation.' She noted that sanctions for IUU fishing must be strong enough to remove the benefits of non-compliance and deter future violations. Drawing from ITLOS advisory opinions, Judge Brown also discussed: The legal obligations of flag States when their vessels violate coastal State laws; The duty of States to consult and cooperate on shared tuna stocks and migratory species; The extension of UNCLOS obligations to international organisations, parties to the agreement, that manage fisheries on behalf of their members; The recognition of climate change as marine pollution under UNCLOS, with implications for enforcement and responsibility. She also referenced the ITLOS Climate Advisory Opinion, which affirms that greenhouse gas emissions affecting the marine environment fall under the definition of pollution in UNCLOS. This, she said, reinforces the legal obligation of States to act based on the best available science and to take measures to prevent or mitigate environmental harm. 'States have the obligation to protect and preserve the marine environment,' she said, citing UNCLOS Article 192. Judge Brown's address carried particular weight given her distinguished background in international law and public service. A Jamaican national, she has served on the ITLOS bench since 2020. Her legal career spans roles as Deputy Solicitor General of Jamaica, Permanent Representative to the International Seabed Authority, and Chief Technical Advisor to the Prime Minister of Jamaica. She is a Senior Fellow of the Centre for International Sustainable Development Law and was inducted into the Hall of Eminent Caribbean International Jurists in 2019. In 2024, she received the International Justice Award in honour of Judge C.G. Weeramantry. The Judicial Symposium 2025 was co-hosted by the Solomon Islands Chief Justice Sir Albert R. Palmer and the Pacific Islands Forum Fisheries Agency (FFA). Over the three-day event, judicial leaders engaged in dialogue on international fisheries law, compliance challenges, and the critical role of legal interpretation in securing sustainable fisheries for the Pacific region. The Symposium ends today with final reflections from the judiciary, followed by a formal closing session led by the Chief Justice of Solomon Islands and the FFA Director-General.
Scoop
20-06-2025
- Politics
- Scoop
ITLOS Judge Highlights Legal Duty To Strengthen Fisheries Enforcement At Judicial Symposium
Press Release – Pacific Islands Forum Fisheries Agency The Judicial Symposium is attended by judicial representatives from eight FFA Members; Federated States of Micronesia, Fiji, Kiribati, Republic of the Marshall Islands, Papua New Guinea, Samoa, Solomon Islands and Tuvalu. HONIARA, 20 JUNE 2025 – As the Judicial Symposium 2025 wraps up today in Honiara, one of the standout moments of the three-day gathering was the keynote address delivered by Honourable. Judge Dr Kathy-Ann Brown of the International Tribunal for the Law of the Sea (ITLOS). In her address, Judge Brown called on Pacific judicial leaders to reinforce legal frameworks that address Illegal, Unreported and Unregulated (IUU) fishing and uphold obligations under international law. Addressing Chief Justices, Judges, Magistrates and legal experts, Judge Brown outlined how legal responsibilities under the United Nations Convention on the Law of the Sea (UNCLOS) are evolving, especially concerning due diligence, flag State liability – the responsibility of a country to monitor and control the actions of fishing vessels it has registered – and cooperation on the conservation of shared fish stocks. The Judicial Symposium is attended by judicial representatives from eight FFA Members; Federated States of Micronesia, Fiji, Kiribati, Republic of the Marshall Islands, Papua New Guinea, Samoa, Solomon Islands and Tuvalu. 'The standard of due diligence has to be more severe for the riskier activities,' Judge Brown stated, referencing IUU fishing within Exclusive Economic Zones (EEZs). 'The Tribunal addresses the sorts of measures that flag States would be expected to take, to fulfil its due diligence obligations with respect to IUU fishing in the EEZ,' she added. Judge Brown stressed that due diligence is not fixed, but shaped over time by scientific progress, emerging risks, and enforcement expectations. She made clear that legal liability for States may arise where there is a failure to meet these standards. 'A flag State… could be held liable only where there has been a failure to comply with its due diligence obligation.' She noted that sanctions for IUU fishing must be strong enough to remove the benefits of non-compliance and deter future violations. Drawing from ITLOS advisory opinions, Judge Brown also discussed: The legal obligations of flag States when their vessels violate coastal State laws; The duty of States to consult and cooperate on shared tuna stocks and migratory species; The extension of UNCLOS obligations to international organisations, parties to the agreement, that manage fisheries on behalf of their members; The recognition of climate change as marine pollution under UNCLOS, with implications for enforcement and responsibility. She also referenced the ITLOS Climate Advisory Opinion, which affirms that greenhouse gas emissions affecting the marine environment fall under the definition of pollution in UNCLOS. This, she said, reinforces the legal obligation of States to act based on the best available science and to take measures to prevent or mitigate environmental harm. 'States have the obligation to protect and preserve the marine environment,' she said, citing UNCLOS Article 192. Judge Brown's address carried particular weight given her distinguished background in international law and public service. A Jamaican national, she has served on the ITLOS bench since 2020. Her legal career spans roles as Deputy Solicitor General of Jamaica, Permanent Representative to the International Seabed Authority, and Chief Technical Advisor to the Prime Minister of Jamaica. She is a Senior Fellow of the Centre for International Sustainable Development Law and was inducted into the Hall of Eminent Caribbean International Jurists in 2019. In 2024, she received the International Justice Award in honour of Judge C.G. Weeramantry. The Judicial Symposium 2025 was co-hosted by the Solomon Islands Chief Justice Sir Albert R. Palmer and the Pacific Islands Forum Fisheries Agency (FFA). Over the three-day event, judicial leaders engaged in dialogue on international fisheries law, compliance challenges, and the critical role of legal interpretation in securing sustainable fisheries for the Pacific region. The Symposium ends today with final reflections from the judiciary, followed by a formal closing session led by the Chief Justice of Solomon Islands and the FFA Director-General.
Scoop
20-06-2025
- Politics
- Scoop
ITLOS Judge Highlights Legal Duty To Strengthen Fisheries Enforcement At Judicial Symposium
HONIARA, 20 JUNE 2025 – As the Judicial Symposium 2025 wraps up today in Honiara, one of the standout moments of the three-day gathering was the keynote address delivered by Honourable. Judge Dr Kathy-Ann Brown of the International Tribunal for the Law of the Sea (ITLOS). In her address, Judge Brown called on Pacific judicial leaders to reinforce legal frameworks that address Illegal, Unreported and Unregulated (IUU) fishing and uphold obligations under international law. Addressing Chief Justices, Judges, Magistrates and legal experts, Judge Brown outlined how legal responsibilities under the United Nations Convention on the Law of the Sea (UNCLOS) are evolving, especially concerning due diligence, flag State liability - the responsibility of a country to monitor and control the actions of fishing vessels it has registered - and cooperation on the conservation of shared fish stocks. The Judicial Symposium is attended by judicial representatives from eight FFA Members; Federated States of Micronesia, Fiji, Kiribati, Republic of the Marshall Islands, Papua New Guinea, Samoa, Solomon Islands and Tuvalu. 'The standard of due diligence has to be more severe for the riskier activities,' Judge Brown stated, referencing IUU fishing within Exclusive Economic Zones (EEZs). 'The Tribunal addresses the sorts of measures that flag States would be expected to take, to fulfil its due diligence obligations with respect to IUU fishing in the EEZ,' she added. Judge Brown stressed that due diligence is not fixed, but shaped over time by scientific progress, emerging risks, and enforcement expectations. She made clear that legal liability for States may arise where there is a failure to meet these standards. 'A flag State… could be held liable only where there has been a failure to comply with its due diligence obligation.' She noted that sanctions for IUU fishing must be strong enough to remove the benefits of non-compliance and deter future violations. Drawing from ITLOS advisory opinions, Judge Brown also discussed: The legal obligations of flag States when their vessels violate coastal State laws; The duty of States to consult and cooperate on shared tuna stocks and migratory species; The extension of UNCLOS obligations to international organisations, parties to the agreement, that manage fisheries on behalf of their members; The recognition of climate change as marine pollution under UNCLOS, with implications for enforcement and responsibility. She also referenced the ITLOS Climate Advisory Opinion, which affirms that greenhouse gas emissions affecting the marine environment fall under the definition of pollution in UNCLOS. This, she said, reinforces the legal obligation of States to act based on the best available science and to take measures to prevent or mitigate environmental harm. 'States have the obligation to protect and preserve the marine environment,' she said, citing UNCLOS Article 192. Judge Brown's address carried particular weight given her distinguished background in international law and public service. A Jamaican national, she has served on the ITLOS bench since 2020. Her legal career spans roles as Deputy Solicitor General of Jamaica, Permanent Representative to the International Seabed Authority, and Chief Technical Advisor to the Prime Minister of Jamaica. She is a Senior Fellow of the Centre for International Sustainable Development Law and was inducted into the Hall of Eminent Caribbean International Jurists in 2019. In 2024, she received the International Justice Award in honour of Judge C.G. Weeramantry. The Judicial Symposium 2025 was co-hosted by the Solomon Islands Chief Justice Sir Albert R. Palmer and the Pacific Islands Forum Fisheries Agency (FFA). Over the three-day event, judicial leaders engaged in dialogue on international fisheries law, compliance challenges, and the critical role of legal interpretation in securing sustainable fisheries for the Pacific region. The Symposium ends today with final reflections from the judiciary, followed by a formal closing session led by the Chief Justice of Solomon Islands and the FFA Director-General.
Scoop
09-06-2025
- Politics
- Scoop
Vanuatu Climate Minister Ralph Regenvanu On UN Ocean Conference
'It is time to move beyond voluntary pledges to making climate action a binding legal duty.' Statement from Ralph Regenvanu, Minister of Climate Change Adaptation, Meteorology & Geo-Hazards, Energy, Environment and Disaster Management for the Republic of Vanuatu NICE, FRANCE (9 June 2025) 'At this UN Ocean Conference, the stakes could not be clearer. 'Vanuatu's contributions to climate change are minimal, yet we — and our neighbours — suffer severe repeated climate impacts that devastate our economy and people. We are living through the collapse of ocean stability and witnessing a dangerous acceleration in sea-level rise and ocean temperatures. Our oceans are increasingly hostile even to the very creatures that live in them. The consequences of this will ripple through the entire food chain, hitting vulnerable countries like Vanuatu the hardest and ultimately affecting all of humanity and future generations. The role of our ocean as our greatest carbon sink is being threatened. 'The Nice Ocean Action Plan aligns with the standards set by the landmark International Tribunal for the Law of the Sea (ITLOS) Advisory Opinion delivered in May 2024, which made it clear: greenhouse gas emissions are marine pollution. And under the UN Convention on the Law of the Sea, all States are legally bound to prevent, reduce, and control them. This obligation extends not only to domestic emissions but to global ones as well. 'Even so, plans like these are voluntary. Promises without enforcement. Declarations without duty. 'Protecting the ocean from climate change should not be a matter of choice. We need concrete mechanisms and independent monitoring to ensure that nations uphold their legal responsibilities. Conferences like this one, and the upcoming COP30, must not leave frontline nations feeling that nothing is changing — despite the overwhelming urgency. 'It is time to move beyond voluntary pledges to making climate action a binding legal duty.' Climate action must be grounded in a robust framework of legal principles: human rights, the right to self-determination, the duty to prevent harm, precautionary approaches, intergenerational equity, and obligations enshrined in key international treaties — from the Biodiversity Convention to the UNFCCC to the Law of the Sea. 'That's why we eagerly await the International Court of Justice's Advisory Opinion on the broader climate obligations of nations, in hopes of a strong ruling supporting global accountability for the climate crisis and enforceable climate action. 'It's time for States to catch up with the law, with the science, and with the urgency of this moment.'
