Issue #01 Summary of Facts (IEMCC)

Questions Relating to Ocean Fertilization and Marine Biodiversity

(2016 General List No. 170.)

Seungmin P. Jung

Issue #01: Whether International Court of Justice (ICJ) has jurisdiction over the dispute between Aeolia and Rinnuco regarding the ocean fertilization project conducted by Rinnuco.

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  • 01 JUN 2016 (Record, Page 2)
    • “During a meeting with the President of ICJ, the Parties agreed that the questions regarding the Court’s jurisdiction raised in the Preliminary Objection are inextricably linked to the merits of the questions raised in the Application…
    • and that the questions regarding the Court’s jurisdiction should therefore be heard and determined within the framework of the merits.”
    • Above Agreement given effect pursuant to Article 79 (10) of the Rules of Court
  • 23 JUN 2016 (Record, Page 2)
    • ICJ in accordance with Article 26 of the Rules of the Court, acknowledges receipt of
      • Application instituting proceedings against Rinnuco submitted by Aeolia dated 4 APR 2016
      • Preliminary Objection submitted by Rinnuco dated 10 May 2016
    • case of Questionings Relating to Ocean Fertilization and Marine Biodiversity (Aeolia v. Rinnuco) entered as 2016 General List No. 170

ANNEX A (Record Page 4 – 10)

  • 1. Aeolia and Rinnuco are neighboring coastal sovereign states located on Scheflutti continent.
    • Scheflutti is completely surrounded by the Muktuk Ocean.
    • Scheflutti is located near Greenland in the Arctic Circle.
  • 2. A and R are developed countries that have diversified, industrial economies.
    • A and R both have large fishing industries.
    • Aeolia has a strong ecotourism sector.
  • 3. The marine biodiversity of the Muktuk Ocean is similar to the marine biodiversity around Greenland and the other countries within the Arctic Circle,
    • Narwhals (Monodon monoceros) and other cetaceans inhabit the Muktuk Ocean, and narwhals are commonly seen in the waters off the coasts of A and R.
    • A’s ecotourism industry includes numerous whale watching and other excursions that focus on narwhals.
    • A has a small research institute (the Nautilus Research Institute, led by Dr. R. Downey) that studies narwhals, and one coastal town in Aeolia holds an annual festival celebrating narwhals.
  • 4. United Nations : Aand R are Members
    • Statute of the International Court of Justice : A and R are States Parties
      • A has recognized unconditional compulsory jurisdiction (Art 36 (2))
      • R has NOT
  • 5. Vienna Convention on the Law of Treaties : A and R are States Parties
  • 6. Convention on Biological Diversity (CBD) : A and R are Contracting Parties
    • Both A and R declared in writing to submit to the jurisdiction of the ICJ to resolve disputes concerning the interpretation or application of the CBD (Art 27 (3))
  • 7. Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention) : A and R are Contracting Parties
    • 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Protocol) : A and R are Contracting Parties.
      • Upon becoming a Contracting Party, R’s instrument of ratification included the declaration that “in accordance with Art 16 (5) of London Protocol, R notifies Secretary-General of the IMO that when R is a party to a dispute about the interpretation or application of Art 3.1 or 3.2 of the London Protocol, R’s consent will be required before the dispute may be settled by means of the Arbitral Procedure set forth in Annex 3 of the London Protocol.”
  • 8. Convention on the Conservation of Migratory Species of Wild Animals (CMS) : A and R are States Parties
    • Narwhals listed on Appendix II of CMS
    • A and R are both range states for narwhals.
    • Agreement on the Conservation of Small Cetaceans of the Baltic, North East Atlantic, Irish, and North Seas (ASCOBANS) : neither State is Party
      • neither State is located within the Agreement Area of ASCOBANS
  • 9. United Nations Convention on the Law of the Sea (UNCLOS) : A and R are States Parties
    • Upon signing UNCLOS, A and R both made written declarations, choosing ICJ for the settlement of disputes concerning the interpretation or application of UNCLOS (Art. 287)
    • 28 MAR 2016 R deposited a notice of revocation of its written declaration (Art. 287), stating that R would not submit disputes concerning the interpretation or application of UNCLOS to the ICJ.
  • 10. United Nations Framework Convention on Climate Change (UNFCCC) : A and R are States Parties
    • Kyoto Protocol to the UNFCCC : A and R are States Parties
      • Both A and R submitted written declarations stating that with respect to any dispute concerning the interpreation or application of the UNFCCC or the Kyoto Protocol, they would submit the dispute to the ICJ (pursuant to Art 19 of Kyoto Protocol and Art 14 of UNFCCC)
      • A and R each committed to reduce greenhouse gas emissions by at least 8% below 1990 levels in the commitment period of 2008-2012
      • R met its quantified emission limitation or reduction commitment
      • A did not.
      • Doha Amendment to the Kyoto Protocol : R ratified
        • R committed to reduce its greenhouse gas emissions by at least 20% below 1990 levels in the second commitment period of 2013-2020
        • A has not ratified.
    • Paris Agreement : A and R have signed but have not yet ratified
  • 11. High-level representatives from Aeolia and Rinnuco
    • 1972 UN Conference on the Human Environment at Stockholm
    • 1992 UN Conference on Environment and Development at Rio de Janeiro
    • 2002 World Summit on Sustainable Development at Johannesburg
    • 2012 Rio+20 Conference at Rio de Janeiro

 

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Joining in 2010, Seungmin is a Founding Member of and Senior Partner at Yonsei ULS. Please be advised: the comment, writing, or column does not represent  the official position of YULS.

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1 thought on “Issue #01 Summary of Facts (IEMCC)”

  1. Impressive 🙂

    Like

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