The Human Rights at Sea Arbitration initiative, a collaboration between UK-based independent charitable NGO Human Rights at Sea and the international arbitration practice of global law firm Shearman & Sterling LLP, has entered a new phase of its work towards the creation of an arbitration-based mechanism to address human rights abuses occurring at sea.
Established in 2020, the Human Rights at Sea Arbitration initiative seeks to establish a standalone, institutional system of international arbitration that is specifically tailored to the sensitivities and complexities of human rights at sea issues. A central feature of this system is that it will put the enforcement of human rights in the victim’s hands by giving the victim the right to bring claims directly against alleged responsible parties. The foremost aim of this design – and of the initiative more generally – is to provide victims of human rights abuses at sea with access to an effective remedy, while at the same time combating impunity for the perpetrators of such abuses.
Throughout 2020, the initiative focused mainly on the conceptual underpinnings of an arbitration-based system for addressing human rights at sea issues. This first phase kicked off with the initiative’s publication of a White Paper on March 24, 2020 (available in English and French), which set out the essential contours of a Human Rights at Sea Arbitration system. This led to further blueprinting efforts, including through a series of dedicated colloquia: a June 3, 2020 presentation by Dr. Yas Banifatemi, partner at Shearman & Sterling and the firm’s Global International Arbitration Practice Group Leader, in which she explored the interplay between international arbitration and human rights (accessible here); a July 9, 2020 webinar hosted by the initiative, where leading experts in arbitration, human rights and shipping considered some of the main challenges the initiative will face (accessible here); and in October 2020, a panel organized as part of the American Branch of the International Law Association’s International Law Weekend, which explored how a victim-driven system of human rights arbitration could improve human rights protection at sea.
In September 2020, “Human Rights at Sea Arbitration” website was launched to document each stage of the initiative’s development and to serve as an online sounding board for the exchange of ideas, a repository of relevant research and writing, and a medium through which future events and opportunities for collaboration will be announced.
With the research, analysis and blueprinting accomplished in 2020 as a foundation, the initiative is now turning attention to creating the first elements of what it is hoped will ultimately become a standalone arbitration system for resolving human rights at sea disputes. These first elements include a model offer of consent to arbitrate human rights disputes that can be given by States, as well as model arbitration clauses for use in employment and other contracts, both of which are expected to be ready for publication in the first quarter of 2021. The initiative is also in the process of developing a set of dedicated arbitration rules that could be used for the resolution of human rights at sea issues, for publication later in the year.
Human Rights at Sea CEO, David Hammond, commented, “2021 will see significant developments refining this vitally important joint initiative for establishing a new and innovative route to effective remedy for victims of abuse at sea.”
Dr. Yas Banifatemi, partner at Shearman & Sterling and the firm’s Global International Arbitration Practice Group Leader, added, “Providing all victims of human rights abuse at sea access to a fair and adapted legal process is our priority. The Human Rights at Sea initiative is delighted to embark on this new phase of work and to create the building blocks of a neutral and efficient forum to resolve human rights at sea disputes.”
Go to Source
A massive fire broke out at the Port of Beirut on Thursday, incinerating a warehouse full of tires and oil within the port’s free zone. The same area was heavily damaged in the ammonium nitrate explosion that leveled the central port area and the adjacent waterfront on August 4. According to Lebanon’s civil defense agency, […]
Over the course of the past five days, the Australian Maritime Safety Authority arranged a medical intervention for an injured aboard a freighter in the Indian Ocean. On Saturday evening, the Spliethoff tweendecker Dolfijngracht called for assistance while under way about 1,000 nauical miles off the coast of Western Australia. A crewmember had sustained serious […]
The naval forces of the US and Bahrain recently staged a joint force training exercise which showcased the interoperability between coalition warships operating I the Arabian Gulf. Coalition Task Force Sentinel executed combined exercise Sentinel Shield supporting Sentry and Sentinel patrols in the coalition’s area of operations. The guided-missile destroyer USS John Paul Jones and […]
With close to 100 daily cargo flights operated to a destination network spanning more than 65 cities across six continents, Emirates SkyCargo is delivering essential supplies and commodities to people around the world. The air cargo carrier is currently operating 11 Boeing 777 freighter aircraft, each with a capacity to transport about 100 tonnes of […]
The National Transportation Safety Board (NTSB) has released a Marine Accident Brief about an accident that occurred on April 15, 2019, involving the towing vessel DeJeanne Maria which struck the end of a submerged dredge pipeline while pushing two spud barges to the Gulf of Mexico. The incident occurred on the Mississippi River in Pass […]
Best known as a leading passenger airport serving Germany’s most populated federal state North Rhine-Westphalia, Düsseldorf has become transformed into a vital distribution point, during the COVID 19 pandemic, for medical equipment and other life-saving goods, mostly from China. Gerton Hulsman, managing director of cargo operations, reports that the handling teams are working hard to […]
DSV Belgium has solid experience in the transport of pharmaceutical products for different customers. With a pharma hub based at Brussels Airport a lot of experience and know-how has been built up over the years. Last weekend, the forwarder handled one hundred million mouth masks, an important milestone for its Belgian organisation that has put […]
The UK government’s new post-Brexit tariff regime will result in both winners and losers. The new regime is set to replace the European Union’s Common External Tariff from the end of the Brexit Transition Period on December 31, 2020. The UK’s commitment to the ongoing Brexit process and ending the UK’s transition from EU membership […]
Emirates SkyCargo has expanded its weekly scheduled cargo flight operations to cover 75 destinations across six continents. Through its wider reach, Emirates SkyCargo is able to transport essential commodities and other urgently needed cargo more rapidly across the world, allowing exporters and importers across markets to benefit from direct access to widebody cargo capacity. Some […]
Global commercial aviation charter company Albion Aviation Group is reporting that it is seeing a considerable uptake in its professional cargo broker training courses from the current global pandemic crisis and surge in charter demand. “We have completed a number webinar courses for a whole of host of companies, looking to manage their own cargo […]
Operators can continue to use pilots and other crew members who have unable to comply with certain training, recent experience, testing, and checking requirements due to the COVID-19 outbreak in support of essential operations. Additionally, this Special Federal Aviation Regulation (SFAR) provides regulatory relief to certain persons and pilot schools unable to meet duration and […]
Astral Aviation has increased its intra-African network with cargo freighters during the pandemic. While there has been a reduction in capacity to, from, and within Africa, which has been caused by a stoppage of passenger flights and limited frequencies on freighter aircraft, Astral Aviation continues to operate cargo freighters from its Nairobi hub to 13 destinations […]
The U-Freight Group (UFL), with its considerable involvement in eCommerce logistics, says that the latest statistics showing that global e-commerce sales hit $25.6 trillion in 2018 are a further vindication of its decision to enter this sector of the international freight market several years ago. The latest available estimates, up 8% from 2017, were recently […]
Callan Marine is serving as the prime contractor to the Texas Department of Transportation for a maintenance dredging project located at the Bolivar Ferry Terminal, in Galveston, Texas. Work began in May and is estimated to be complete in late July 2020. The project consists of the removal of 600,000 cubic yards of material and […]
Network Airline Management and TAAG Angola Airlines are pleased to announce the renewal of their long-term freighter aircraft contract by an additional 12 months, sealing an ongoing partnership for the foreseeable future. Operating a regular weekly scheduled service from Liege, Belgium, to the capital of Angola, Luanda, Network Airline Management provides a Boeing 747-400F aircraft […]
Qatar Airways Cargo transported 56 SkyCell containers with vaccines from one of the largest vaccine manufacturers worldwide on its scheduled freighter and belly-hold cargo flights for its customer, CEVA Logistics. The 54-tonne shipment consisting of pneumococcal and varicella vaccines were flown from Brussels to Mumbai via the carrier’s hub in Doha on two separate flights. […]