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June 25, 2024

Volume 3

Issue 6

Table of Contents

ICAS Maritime Affairs Handbill (online ISSN 2837-3901, print ISSN 2837-3871) is published the last Tuesday of the month throughout the year at 1919 M St NW, Suite 310, Washington, DC 20036.
The online version of ICAS Maritime Affairs Handbill can be found at chinaus-icas.org/icas-maritime-affairs-program/map-handbill/.

Recent News in Global Maritime Affairs

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Ocean Governance and Maritime Cooperation

-1-

US resumes aid delivery into Gaza using floating pier but distribution has not resumed
June 21 – CNN
[Middle East, United States]

U.S. Central Command resumed aid deliveries into the Gaza Strip from its temporary pier starting June 20, though aid distribution has been paused. A week earlier, the pier had been temporarily dismantled to avoid damages from heavy seas, marking the second time it had been dismantled.

S. Korea to host global ocean conference next year
June 18 – Yonhap News Agency
[East Asia, Global]

South Korea’s Ministry of Oceans and Fisheries announced that it will host the international 10th Our Ocean Conference, which will run for three days under the slogan “Our Ocean, Our Action.”

Armada Technologies and Qatar Shipyard Technology Solutions Sign an MoU
June 17 – The Maritime Executive
[Middle East, Europe]

UK-based Armada Technologies and Qatar Shipyard Technology Solutions have signed a memorandum of understanding (MoU) to collaborate on installing Passive Air Lubrication Systems on vessels owned by the latter, which will reduce operating costs and improve energy efficiency.

China Coast Guard’s new 60-day detention rules take effect
June 15 – The Japan Times
[East Asia]

The Chinese Coast Guard’s updated regulations, which were announced in May and allow it to detain foreign nationals suspected of trespassing within “waters under China’s jurisdiction” for up to 60 days, took effect on June 15.

Philippines files UN claim to extended continental shelf in South China Sea
June 15 – Reuters
[South China Sea, Global]

On June 15, the Philippines filed a claim with the United Nations for an extended continental shelf in the South China Sea. Manila stated the claim was submitted to enact its entitlement to its “exclusive right to explore and exploit natural resources” in the contested area.

Greece to Cap Number of Cruise Ships to Cope With Over-tourism
June 14 – Greek Reporter
[Mediterranean Sea]

In an interview with Bloomberg, Greece Prime Minister Kyriakos Mitsotakis said that he plans to restrict the number of cruise ship visits to some of Greece’s islands next year in an attempt to curb the impacts of over-tourism.

Vietnam tells China they must respect each other’s maritime rights and interests
June 12 – South China Morning Post
[East Asia]

In his meeting with Chinese Ambassador Xiong Bo, Vietnam’s President To Lam said that while managing bilateral relations with China is a foreign policy priority, “both sides need to…respect each other’s legitimate [maritime] rights and interests.” President Lam further indicated Hanoi’s willingness to strengthen bilateral exchanges and deepen China-Vietnam relations.

China maintains stance on disputed Gulf islands despite Iran’s anger
June 3 – Reuters
[Middle East, China]

In the last week of May, China expressed support for efforts by the United Arab Emirates (UAE) to reach a “peaceful solution” over three disputed islands in the Gulf—the Greater Tunb, the Lesser Tunb and Abu Musa—that have been held by Iran but claimed by both Iran and the UAE since 1971. Iran became angry over the “baseless claims” and summoned the Chinese ambassador in protest.

Philippines, Brunei sign deal on closer maritime cooperation, with eye on Beijing in South China Sea
May 29 – South China Morning Post
[Southeast Asia, South China Sea]

During his first official visit to Brunei, Philippine President Ferdinand Marcos Jr. signed a deal with Brunei’s Sultan Hassanal Bolkiah to boost “stability.” The deal, one of several, also includes a joint commitment to develop maritime capabilities through training, research and information sharing.

-2-

Maritime Security and Defense

-2-

Maritime Security Committee is back again
June 23 – Fiji Times
[Pacific Ocean]

Fiji’s Ministry of Home Affairs and Immigration re-established the Maritime Security Committee to prepare to address both traditional and non-traditional threats in the maritime space from a legislative view. Its inaugural three-day session was held in mid-June at a resort in Pacific Harbour. 

Houthis Release Video Footage of Blowing Up MV Tutor Ship in the Red Sea
June 22 – Marine Insight
[Red Sea, Europe]

After more than 60 launched attacks targeting ships in the Red Sea since November 2023 and months of defensive measures by regional and global navies, Houthi rebels have sunk a second ship in the Red Sea region, the Liberian-flagged and Greek-owned bulk carrier the Tutor.

Philippines won’t invoke mutual defense treaty with US after Chinese confrontation at disputed shoal
June 21 – AP
[South China Sea, United States, Indo-Pacific]

Amidst a lengthy string of reports of physical and verbal exchanges between Chinese and Philippine navies and vessels over the disputed Second Thomas Shoal in the South China Sea, Manila announced that it has no plans to invoke its mutual defense treaty with the United States.

Ukraine unveils new versatile sea drone
June 18 – TVP World
[Black Sea, Global]

Ukraine has revealed its new unmanned surface vessel “Stalker 5.0”, which is capable of reaching speeds of up to 40 knots and operating across a 600 kilometer range. The new drone was introduced during the Black Sea Security Forum held in Odesa, Ukraine from June 14-16, which focused on addressing regional security issues related to the war in Ukraine.

Russian warships leave Havana’s port after a 5-day visit to Cuba
June 17 – AP
[Caribbean Sea, Russia]

In mid-June, a fleet of Russian warships successfully paid a five-day port visit to Cuba’s port of Havana as part of planned military drills in the Atlantic Ocean. U.S. officials said the port visit—which included a nuclear-powered submarine, a frigate, an oil tanker and a rescue tug—was carefully monitored by the United States and not deemed to be a threat to the region.

China warns against Dutch naval ‘intrusion’, disputes East China Sea encounter
June 11 – South China Morning Post
[East China Sea, Europe]

Two Chinese fighter jets and a PLA helicopter approached a Dutch maritime combat helicopter, accompanied by a Dutch navy frigate while in international airspace. The Dutch frigate was patrolling part of the East China Sea in support of the multinational UN coalition Pacific Archer 24.

Brazil Lays Keel Of Second Tamandaré-Class Frigate
June 8 – Naval News
[South America, Europe]

On June 6, the Brazilian Navy, Germany-based engineering company thyssenkrupp, and their partners celebrated the keel laying of Brazil’s most modern frigate, the Jerônimo de Albuquerque, which is the second of Brazil’s four planned Tamandaré-class stealth guided-missile frigates.

EU forces committed to keeping sealanes open against security threats
May 31 – Seatrade Maritime News
[Red Sea, Europe, Global]

European Union naval leaders from EUNAVFOR ASPIDES, the Combined Maritime Forces and Operation AGENOR, gathered at the 15th Industrial Strategic Meeting in Madrid, reiterated their commitment to keeping sealanes open against security threats in the Indian Ocean and Red Sea.

Lebanon launches first maritime strategy, including focus on maritime border security
May 31 – Breaking Defense
[Africa]

On May 28, the Lebanese government approved the first formalized maritime strategy plan that involves the use of US$7.6 million in aid from the European Union. The strategy specifically notes maritime security challenges involving the protection of communication cables, border control, and search and rescue missions.

Sea-based launch startup scores $2.5 million Pentagon contract
May 29 – Space News
[United States]

The Pentagon’s Defense Innovation Unit has awarded a US$2.5 million contract to The Spaceport Company for developing sea-based launch platforms for rockets. This technology hopes to reduce vulnerability and increase flexibility for spaceport launches.

-3-

Maritime Economy and Shipping

-3-

AI Image Tools May Help Autonomous Ships Drive Safely in the Arctic
June 23 – The Maritime Executive 
[Arctic Ocean]

To enable autonomous navigation in dangerous Arctic waters, PhD candidate Nabil Panchi has developed an algorithm that could remove weather’s influence on image clarity and enhance algorithm accuracy for autonomous navigation in poor Arctic weather conditions. 

Russia Transshipping Fish Through Norway to Avoid Dutch Shipping Ban
June 21 – The Maritime Executive
[Barents Sea]

A Norwegian public broadcaster reported a case of Russia operating ship-to-ship transfers of frozen fish, likely from the Barents Sea, in an attempt to avoid EU sanctions against Russia. Russia has previously used ship-to-ship transference in secluded regions to transport oil, reports say.

Using China as a Foil, Peru Pitches New Port to American Investors
June 13 – Bloomberg
[South America, United States, China]

Having noticed the United States’ growing concern of Chinese investments in Latin America, Peru’s Ambassador to the U.S. Alfredo Ferrero pitched a new Corio port project to U.S. private investors by calling it a potential “counterweight to China’s chancay project” in Peru.

DP World upgrades terminals in Latin America
June 12 – Seatrade Maritime News
[South America, Pacific Ocean]

DP World, a UAE-based multinational logistics company, has announced a US$400 million and a US$140 million expansion in its ports located in Peru and Ecuador, respectively. This investment is expected to greatly boost the capacity and equipment efficiency at these South American ports.

Red Sea ships attacks push 47% more crude oil, fuels around Africa
June 11 – Reuters
[Africa, Red Sea, Global]

The U.S. Energy Information Administration reported that global crude oil and oil product shipments going through the longer route around the Cape of Good Hope has increased by 47% after Houthi’s began attacking vessels in the Red Sea region. As the Red Sea accounts for 12% of the world’s shipping traffic, this change in route has greatly pushed up shipping costs.

Baltimore shipping channel fully reopens after fatal bridge collapse
June 11 – Axios
[United States, Global]

Traffic has officially been fully restored to the Port of Baltimore, one of the United States’ busiest ports. The Port had been fully or partially closed since the sudden collapse of the Francis Scott Key Bridge on March 26, which killed six and launched a massive cleanup effort.

MSC launches new Asia – South America East Coast service
June 10 – Seatrade Maritime News
[Global, South America, Asia]

Starting July 19, Mediterranean Shipping Company (MSC) will expand its Brazil port coverage via a new weekly Carioca service that will regularly connect ports in South Korea, China, Singapore and Sri Lanka to several Brazilian ports.

Russia and China to cooperate on Arctic shipping route
June 7 – Ship Technology
[Arctic Ocean, Russia, China]

Russia and Chinese company Hainan Yangpu NewNew Shipping have signed a joint deal to operate a year-round shipping route through the Arctic Circle as well as develop a new ice-class container ship for the region. The deal, signed at the St. Petersburg International Economic Forum, plans to increase the number of NewNew voyages to 12 in 2024, up from seven voyages the year prior.

Shipping container rates from China jump to 2-year high as panic sets in amid US tariff threat, Red Sea disruptions
June 4 – South China Morning Post
[Global, Red Sea]

Shipping container rates from China to Europe jumped to a two-year high after spiking 12.6% at the end of May, with prices expected to continue amidst U.S. tariff announcements and ongoing security threats to all vessels operating in or near the Red Sea.

-4-

Climate Change and Blue Carbon Economy

-4-

MAWANI and REVIVA establish recycling and industrial waste complex at Jeddah Islamic Port
June 23 – Arab News
[Middle East]

On June 23, the Saudi Ports Authority signed a US$8 million contract with Global Environmental Management Services to build a marine and industrial waste recycling complex at Jeddah Islamic Port. The Saudi Press Agency said that this move is part of Saudi Arabia’s effort of promoting environmental sustainability and will strengthen its position as a global logistics center.

Equatic to Build North America’s First Large-Scale Ocean-Based Carbon Capture Plant
June 21 – Environment Energy Leader
[Canada, North Atlantic Ocean]

Equatic, a carbon-removal company, has announced plans to build North America’s first and the world’s largest ocean-based commercial-scale carbon dioxide removal facility in Quebec, Canada. The facility is estimated to capture 109,500 tonnes of carbon dioxide and release 3,600 tonnes of green hydrogen annually.

More beaches closed after oil spill; MPA working with insurer to set up contact for third-party claims
June 17 – Channel News Asia
[Southeast Asia]

Singapore is working to clean up an oil spill that spread for 30 kilometers along its beaches at the start of a long holiday weekend after the Netherlands-flagged dredger Vox Maxima hit and ruptured the bunker-fuel vessel Marine Honour up the coast.

Warming springtime waters will mean more salmon in the Arctic, research shows
June 10 – CBC News
[Arctic Ocean]

Warming waters in the Chukchi Sea have enabled Pacific salmon to swim further north, reaching Arctic regions that were previously uninhabitable for the species. Observing this trend, Scientists have expressed concerns about its potential disruptions to the Arctic ecosystem.

Hundreds of Indigenous families complete relocation off Gardi Sugdub due to rising sea levels
June 8 – NBC News
[South America, Caribbean Sea]

Panama’s ministry of housing announced that the majority of the population of its Gardi Sugdub Island has been successfully relocated to a housing development on the mainland. Prolonged concerns from rising sea levels have made the long-inhabited island no longer inhabitable.

Scientists map one of Earth’s top hazards in the Pacific Northwest
June 7 – The Washington Post
[North Pacific]

Scientists have mapped a 600-mile geological boundary in the Pacific Northwest that has the capacity to produce a 9.0-magnitude earthquake that could form a 40-feet tall tsunami, threatening areas stretching from Northern California to Vancouver Island, Canada.

Sea urchin pandemic spreads beyond Red Sea, endangering coral reefs
June 7 – Reuters
[Red Sea, Global]

Israeli scientists have identified a sea-borne pandemic that rapidly killed off sea urchin populations in the Red Sea and is now spreading globally. The increasing elimination of this particular species of sea urchins may pose serious threats to the coral reef ecosystem.

Japan completes 6th round of Fukushima treated water discharge
June 4 – Mainichi
[Pacific Ocean, Northeast Asia]

On June 4, Tokyo Electric Power Company (TEPCO) completed the sixth round of its release of treated radioactive water from Fukushima into the sea. TEPCO plans to release one more round of processed radioactive water within the 2024 fiscal year.

Citizen science program launched to protect, manage PH’s mangrove cover
June 4 – Manila Bulletin
[Southeast Asia]

The Philippines’ Department of Environment and Natural Resources has launched a citizen science program, called “BakaJuan,” to protect and manage the nation’s critical yet declining mangrove forests.

Handbill Spotlight

ITLOS

Issue Background

The International Tribunal for the Law of the Sea (ITLOS) is an independent, international judicial body established by the 1982 United Nations Convention on the Law of the Sea (UNCLOS)Article 287 of UNCLOS defined the four mechanisms for dispute settlement regarding matters of the sea—the International Court of Justice, ITLOS, Arbitral Tribunal, and the Special Arbitral Tribunal. ITLOS, or the Tribunal, is unique in that it is a standing judicial body that provides guidance regarding the application and interpretation of UNCLOS. Given the predominant international acceptance of UNCLOS as the international maritime legal framework, ITLOS serves a crucial role in reaffirming international legal norms surrounding matters of the seas. Operating out of Hamburg, Germany, it is composed of 21 members who are nominated and selected by the parties that have ratified UNCLOS. ITLOS’ main purpose is twofold: 1) to settle disputes related to UNCLOS and other maritime activities and 2) to clarify and interpret the content of UNCLOS through advisory opinions. 

In the case of dispute settlement, ITLOS provides a judicial mechanism for states, organizations, and persons to reach an agreement through peaceful means. According to Article 33 of its statute, its decision is “final and shall be complied with by all the parties to the dispute.” However, the Tribunal also recognizes that it “has no means of enforcing its decisions.” Its decisions merely incentivize compliance by stigmatizing behaviors as violating international law. 

The body’s advisory opinions, on the other hand, provide clarifications regarding the applicability and application of UNCLOS. Though advisory opinions “have no binding force,” these opinions shape states’ understandings of the laws of the sea. They allow UNCLOS to adapt and account for recent practices, developments, or technological innovations that UNCLOS could not have anticipated. Examples include global warming, ocean acidification, and technological developments in fishery or seabed mining. As of June 2024, ITLOS has accepted 33 case requests; thirty of them have been contentious proceedings, or dispute settlements, while the other three have been requests for advisory opinions. 

The emblem of the International Tribual for the Law of the Seas (ITLOS) outside their premises on September 11, 2023 in Hamburg, northern Germany. (Photo by Gregor Fischer / AFP)

Beyond these two types of proceedings, one crucial function of ITLOS is its ability to issue provisional measures to temporarily protect the parties’ interest as they wait for a Tribunal decision. This is important as requests often take years to process. For instance, ITLOS issued a series of provisional measures in the 1999 Southern Bluefin Tuna case involving Japan, Australia, and New Zealand. These prescribed measures required the three States to not only cease experimental fishing, but also to resume negotiations while the Tribunal deliberated for a final order.

The novelty of ITLOS lies in its jurisdiction over the prompt release of vessels and crews. Under its rules, ITLOS “must give priority to…applications for release of vessels and crews,” and would “deal only with the question of release.” A decision would be given—at the latest—14 days after the last hearing. Contrary to other proceedings, requests for prompt release could be submitted unilaterally by the state of the detained vessels and crews. Recognizing the urgency of these requests, this procedure is purported to protect the vessel and the crew from prolonged periods of detainment. The ITLOS, thus, provides an exclusive legal means for states to seek an expedited and prompt release.

Recent Events

On May 21, 2024, ITLOS made global headlines after issuing an unanimous landmark advisory opinion on climate change. The request was submitted in 2022 by the Commission of Small Island States on Climate Change and International Law led by Tuvalu and Antigua and Barbuda. In the advisory opinion, the Tribunal concluded that atmospheric greenhouse gas emission is considered as “pollution” to the marine environment under the definition of UNCLOS. More importantly, the Tribunal concluded that States bound by UNCLOS have the specific obligation to take all necessary measures to “prevent, reduce, and control…pollution…caused by anthropogenic greenhouse gas emissions.”

This opinion marks the first legal opinion issued by an international judicial body that directly addresses climate change. It is also the first time an international judicial body has outlined the specific legal obligations of states to address greenhouse gas emissions related to climate change. Though this advisory opinion is not legally binding, it provides a clearer legal framework for holding states accountable for greenhouse gas pollution and sets an unofficial legal precedent for future climate-related legal decisions. This advisory opinion carries a significant signaling effect that could strengthen existing advocacy for climate legislation and increase states’ willingness to adopt climate policies.

Keep In Mind

As notable and unique as ITLOS is, it does face several barriers in efficacy. As mentioned above, ITLOS, like many international judicial bodies, is constrained by its enforcement and limited in its ability to induce compliance. It does not have the power to unilaterally decide to adjudicate on disputes, nor the power to summon the involved parties. This means that a party’s non-appearance often poses difficulties in the Tribunal’s functioning. One example was The Arctic Sunrise Case, where Russia simply chose not to participate in the ITLOS proceedings regarding its dispute with the Netherlands. 

Despite these caveats, ITLOS still holds significant weight in settling disputes. In the Case concerning the detention of three Ukrainian naval vessels in 2019, ITLOS’ provisional measures added legal pressure on Russia and eventually led to the release of the detained Ukrainian vessels and Ukrainian servicemen. As it derives its authority from UNCLOS, ITLOS’ movements represent international law and what is expected to be the consensus of the international community. 168 States have ratified UNCLOS, and the influence of this international consensus is robust. ITLOS’ orders may, therefore, severely stigmatize state actions and result in self-enforcing compliance. Even if it does not, it creates additional incentives for de-escalation and party-to-party negotiations.

It is also important not to underestimate the impact of ITLOS’ advisory opinions. In ITLOS’ recent opinion on climate change, the Tribunal provided a much clearer legal language on states’ obligations in preventing greenhouse emission. Climate advocates now have a clearer legal basis to hold states accountable for climate change and to push for climate legislation. The opinion also established unofficial precedent for other international judicial bodies to adjudicate on climate-related matters, thereby increasingly strengthening current legal frameworks on climate change. Sovereign states, in reaction, would grow increasingly aware of its climate impacts and potentially change their polluting behaviors to comply with the UNCLOS. The obligations explicitly outlined in the advisory opinions make it difficult for States—especially those who have ratified UNCLOS, like China and India—to blatantly ignore climate change’s impact. Therefore, while the ITLOS remains limited in its capacity to enforce international law, its significance in shaping international norms and guiding state behaviors cannot be overlooked.


This issue’s Spotlight was written by Wyatt Huang, ICAS Research Assistant Intern.

Peer-Reviewed Research on Maritime Issues

Government Releases & Other Press Statements

Analyses & Opinions

Other Research

Events on the Maritime Domain

ICAS Maritime Affairs Program: New and Upcoming

MAP Commentary

A Landmark Advisory Opinion: ITLOS Strengthens Legal Framework for Climate Action
by Nong Hong
May 28, 2024

On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) issued a groundbreaking Advisory Opinion on climate change, which marks a historic first – an international legal body directly addressing state obligations for mitigating climate change, a critical step forward in holding nations accountable for their actions.

The request made to ITLOS in December 2022 by the Commission of Small Island States on Climate Change and International Law seeks clarification on states’ obligations under UNCLOS regarding the prevention, reduction, and control of marine pollution, as well as the protection and preservation of the marine environment in relation to climate change impacts. This is the first time an advisory opinion has been sought on issues specifically related to sea-level rise and climate change more broadly…

ICAS Announcement

ICAS Will Be Looking for a Part-Time Intern for Fall 2024!

Interested in gaining first-hand experience on exploring, analyzing and writing on top issues in U.S.-China relations? Looking for a place to improve your professional skills and learn about think tank operations in Washington, D.C.?

Stay tuned for an upcoming announcement on our website, newsletters, and social media to see how you can apply to join our team in Washington, D.C.!