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The European Maritime Law Organisation’s Spring Seminar 2020 will take place in Dublin on Friday 27 March.

A packed programme with something for everyone interested in the maritime law sector is promised for the seminar, in association with A&L Goodbody and the Irish Maritime Law Association, which will be hosted at the A&L Goodbody office on North Wall Quay.

Further details of the day are available from the EMLO website, and online registration is now open. For queries contact [email protected]

Published in Ports & Shipping
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#MaritimeLaw - The Irish Maritime Law Association will hosts its biennial seminar in Dublin on Friday 19 May.

The day-long event will bring together high profile national and international speakers to address the market on current challenges in the maritime industry for lawyers, shipowners, port operators, insurers and those involved in the wider maritime transport logistics chain.

Admission (including lunch) is €195, with discounts available for multiple bookings, retired persons and devils/apprentices.

Full details of the seminar programme are available from the IMDO website HERE.

Published in Ports & Shipping

UCC School of Law launches two new masters programmes in Environmental and Natural Resources Law and in Marine and Maritime Law

The School of Law, UCC has announced the creation of two new cutting-edge masters programmes, an LLM in Environmental and Natural Resources Law, and and LLM in Marine and Maritime Law. The programmes reflect ongoing research activities carried out in Cork, within UCC Law School and with key partners, including the Irish Maritime and Energy Resource Cluster (IMERC).

The launch will take place on-board the Irish Naval Service ship L.E. Aisling, at Horgan’s Wharf, Cork, on Thursday 21 April 2016, at 6.30pm.

The LLM (Environmental and Natural Resources Law), directed by professor Owen McIntyre, builds upon UCC Law School’s established reputation for excellence across all aspects of environmental law and policy. It offers students an opportunity to specialise in this field and to explore the emerging legal and regulatory challenges posed by modern environmental problems. The programme is delivered by means of a flexible teaching and assessment structure to suit both recent law graduates and environmental professionals alike. This LLM programme offers exposure to a wide variety of legal topics ranging across traditional areas of environmental law, policy and regulation, as well as planning and land-use law, heritage protection, international environmental law, marine environmental law, natural resources law and human rights law. It provides a critical, in-depth theoretical and practical understanding of the key issues arising in environmental and natural resources law, policy and regulation, at local, national and global level.

The LLM (Marine and Maritime) Law, directed by Dr Bénédicte Sage-Fuller, fulfils one of the key objectives of national policy developed in the Government policy paper, Harnessing Our Ocean’s Wealth, that of providing legal education to support the vibrant and dynamic marine and maritime sector in Ireland. As this is a national programme, students will engage with the best legal experts in Ireland in a wide range of relevant areas, including:
• marine environmental protection
• maritime security and law enforcement at sea
• marine renewable energies
• port and shipping activities

The programme combines theoretical and practical learning, notably through a clinical module on Law of the Sea, with access to the Irish Naval Service at Cork. It aims to provide the necessary knowledge and expertise to enable graduates to practice marine and maritime law within the legal professions, and within the public and private sectors (maritime law enforcement, shipping management, marine research, marine environmental protection, ports management).

For more information contact Dr Bénédicte Sage-Fuller ([email protected]) or Professor Owen McIntyre ([email protected]).

Published in Jobs
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#maritimelaw – Rebecca Wardell, Business Development Manager with the Irish Maritime Development Office addressed members of the Irish Maritime Law Association at their Spring Lecture February 5th, in a talk titled, 'Understanding the Irish tonnage tax regime'.

Ms Wardell, who joined the Irish Maritime Development Office last year, spoke about the origins of Tonnage Tax regimes in Europe, the legislative base in Ireland and outlined the benefits of the regime for international companies.

In particular she focussed on the strengths of the Irish market for international companies.

"Ireland has a great story to tell," explained Ms Wardell reaching out to the legal community to share that story through international offices, partners and clients.

She said, "Ireland has a tremendous track record for success in foreign direct investment and it's time we translated some of that success into the Maritime Sector".

"According to research by independent experts, PwC, Ireland has one of the best Tonnage Tax systems internationally. When we consider the 165,400 jobs
supported by the Maritime Sector in London, there is huge potential for Ireland if we could emulate even a small portion of that success"

The Irish Maritime Law Association, established in 1963, is the representative body for the Maritime legal community in Ireland. It has nearly 100 members including barristers, judges, solicitors and shipping companies. It is the Irish branch of the international legal organisation Comité Maritime International.

The Spring Lecture was sponsored by solicitors Dillon Eustace and held in their offices on Sir John Rogerson's Quay.

The Irish Maritime Development Office is Ireland's national dedicated development, promotional and marketing agency for the shipping services sector and is part of the Marine Institute.

Published in Ports & Shipping
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#CRUISE LINERS - Cruise ship passengers will be given a safety briefing before leaving port under new industry rules drawn up in the wake of the Costa Concordia incident, The Guardian reports.

Three organisations representing international cruise lines have agreed that the 'muster drill' - which is currently conducted within 24 hours of setting sail as per maritime law - must now be held before departure from any port.

The move comes after reports that hundreds of passengers who had boarded the stricken vessel hours before it ran aground off the western Italian coast had not yet had any kind of safety instruction.

Muster drills, whereby passengers are shown how to put on lifejackets and directed to exits, are already common practice in the industry.

As previously reported on Afloat.ie, an Irish couple were among thousands rescued from the Costa Concordia after the incident on Friday 13 January. At least 32 people are believed to have died in the disaster, with 15 recorded passengers still missing.

The Guardian has more on the story HERE.

Published in Cruise Liners

Marine Protected Areas (MPAs) - FAQS

Marine protected areas (MPAs) are geographically defined maritime areas where human activities are managed to protect important natural or cultural resources. In addition to conserving marine species and habitats, MPAs can support maritime economic activity and reduce the effects of climate change and ocean acidification.

MPAs can be found across a range of marine habitats, from the open ocean to coastal areas, intertidal zones, bays and estuaries. Marine protected areas are defined areas where human activities are managed to protect important natural or cultural resources.

The world's first MPA is said to have been the Fort Jefferson National Monument in Florida, North America, which covered 18,850 hectares of sea and 35 hectares of coastal land. This location was designated in 1935, but the main drive for MPAs came much later. The current global movement can be traced to the first World Congress on National Parks in 1962, and initiation in 1976 of a process to deliver exclusive rights to sovereign states over waters up to 200 nautical miles out then began to provide new focus

The Rio ‘Earth Summit’ on climate change in 1992 saw a global MPA area target of 10% by the 2010 deadline. When this was not met, an “Aichi target 11” was set requiring 10% coverage by 2020. There has been repeated efforts since then to tighten up MPA requirements.

Marae Moana is a multiple-use marine protected area created on July 13th 2017 by the government of the Cook islands in the south Pacific, north- east of New Zealand. The area extends across over 1.9 million square kilometres. However, In September 2019, Jacqueline Evans, a prominent marine biologist and Goldman environmental award winner who was openly critical of the government's plans for seabed mining, was replaced as director of the park by the Cook Islands prime minister’s office. The move attracted local media criticism, as Evans was responsible for developing the Marae Moana policy and the Marae Moana Act, She had worked on raising funding for the park, expanding policy and regulations and developing a plan that designates permitted areas for industrial activities.

Criteria for identifying and selecting MPAs depends on the overall objective or direction of the programme identified by the coastal state. For example, if the objective is to safeguard ecological habitats, the criteria will emphasise habitat diversity and the unique nature of the particular area.

Permanence of MPAs can vary internationally. Some are established under legislative action or under a different regulatory mechanism to exist permanently into the future. Others are intended to last only a few months or years.

Yes, Ireland has MPA cover in about 2.13 per cent of our waters. Although much of Ireland’s marine environment is regarded as in “generally good condition”, according to an expert group report for Government published in January 2021, it says that biodiversity loss and ecosystem degradation are of “wide concern due to increasing pressures such as overexploitation, habitat loss, pollution, and climate change”.

The Government has set a target of 30 per cent MPA coverage by 2030, and moves are already being made in that direction. However, environmentalists are dubious, pointing out that a previous target of ten per cent by 2020 was not met.

Conservation and sustainable management of the marine environment has been mandated by a number of international agreements and legal obligations, as an expert group report to government has pointed out. There are specific requirements for area-based protection in the EU Marine Strategy Framework Directive (MSFD), the OSPAR Convention, the UN Convention on Biological Diversity and the UN Sustainable Development Goals. 

Yes, the Marine Strategy Framework directive (2008/56/EC) required member states to put measures in place to achieve or maintain good environmental status in their waters by 2020. Under the directive a coherent and representative network of MPAs had to be created by 2016.

Ireland was about halfway up the EU table in designating protected areas under existing habitats and bird directives in a comparison published by the European Commission in 2009. However, the Fair Seas campaign, an environmental coalition formed in 2022, points out that Ireland is “lagging behind “ even our closest neighbours, such as Scotland which has 37 per cent. The Fair Seas campaign wants at least 10 per cent of Irish waters to be designated as “fully protected” by 2025, and “at least” 30 per cent by 2030.

Nearly a quarter of Britain’s territorial waters are covered by MPAs, set up to protect vital ecosystems and species. However, a conservation NGO, Oceana, said that analysis of fishing vessel tracking data published in The Guardian in October 2020 found that more than 97% of British MPAs created to safeguard ocean habitats, are being dredged and bottom trawled. 

There’s the rub. Currently, there is no definition of an MPA in Irish law, and environment protections under the Wildlife Acts only apply to the foreshore.

Current protection in marine areas beyond 12 nautical miles is limited to measures taken under the EU Birds and Habitats Directives or the OSPAR Convention. This means that habitats and species that are not listed in the EU Directives, but which may be locally, nationally or internationally important, cannot currently be afforded the necessary protection

Yes. In late March 2022, Minister for Housing Darragh O’Brien said that the Government had begun developing “stand-alone legislation” to enable identification, designation and management of MPAs to meet Ireland’s national and international commitments.

Yes. Environmental groups are not happy, as they have pointed out that legislation on marine planning took precedence over legislation on MPAs, due to the push to develop offshore renewable energy.

No, but some activities may be banned or restricted. Extraction is the main activity affected as in oil and gas activities; mining; dumping; and bottom trawling

The Government’s expert group report noted that MPA designations are likely to have the greatest influence on the “capture fisheries, marine tourism and aquaculture sectors”. It said research suggests that the net impacts on fisheries could ultimately be either positive or negative and will depend on the type of fishery involved and a wide array of other factors.

The same report noted that marine tourism and recreation sector can substantially benefit from MPA designation. However, it said that the “magnitude of the benefits” will depend to a large extent on the location of the MPA sites within the network and the management measures put in place.

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