On Whose Authority? Freedom of Navigation and Protests within the 2023 NORI-D Space Incident – EJIL: Discuss! – Nexus Vista

Introduction

The actions of Greenpeace vessels have a behavior of triggering the additional illumination and improvement of worldwide legislation. Greenpeace’s “Cease Deep Sea Mining” marketing campaign is not any exception. It successfully raises questions on the scope of Greenpeace’s particular person proper to protest (worldwide human rights legislation) and the scope of the Netherland’s flag State proper to freedom of navigation, which incorporates the certified proper to allow vessels flying its flag to protest at sea (worldwide legislation of the ocean). Whereas these regimes intertwine (“the precise to protest at sea is essentially exercised along side the liberty of navigation” (Arctic Dawn Award (2015) para. 227), this submit focuses on the legislation of the ocean factor, particularly whether or not the flag State’s freedom of navigation on the excessive seas extends to vessels flying its flag conducting peaceable protests towards actions within the Space.

For context, in November-December 2023, the M/V Coco, a Danish flagged vessel operated by Nauru Ocean Assets Inc (NORI) and Tonga Offshore Minerals Restricted (TOML), was conducting exploration actions for mineral assets within the NORI-D Contract Space. It’s unquestionable NORI, TOML and Coco have been conducting lawful actions beneath the competence and mandate conferred upon the Worldwide Seabed Authority (ISA) to control, manage and management “actions within the Space” (United Nations Conference on the Regulation of the Sea (UNCLOS), Artwork. 1 & Half XI; Contracts (2)). Right now, the Dutch flagged M/V Arctic Dawn, operated by Greenpeace, carried out a protest focusing on the Coco and its actions. Protest actions have been performed by the Arctic Dawn and by kayaks launched therefrom within the neighborhood of the Coco, in addition to by Greenpeace activists boarding the Coco. The Secretary-Basic of the ISA (SG-ISA) responded by promulgating instant measures of a short lived nature pursuant to Regulation 33(3) of the Polymetallic Nodules Rules (beforehand mentioned right here) which, amongst others, referred to as for limitations upon Greenpeace’s protest at sea within the neighborhood of and aboard the Coco.

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The Rwanda Coverage’s influence on the Frequent Journey Space – Nexus Vista

    Professor Colin Murray, College of Newcastle, and Professor Steve Friends, Royal Holloway College of London Photograph credit score: Zairon, through Wikimedia Commons Introduction The most recent spat between the UK and Eire over the knock-on penalties of the UK’s Rwanda coverage exposes the tangled net of EU legislation and Frequent Journey Space (CTA) … Read more

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