International Law Update
Below is a summary of the coastal and marine-related international law developments in 2006.
Mexico Bans Marine-Animal Trade (January 2006)
Mexico has passed a law banning the import and export of marine mammals and primates, such as whales, dolphins, sea lions, seals, and manatees, unless for scientific purposes. The law also bans the import and export of products derived from marine mammals.
New Maritime Labour Convention (February 2006)
The International Labour Organization has adopted a new charter outlining rights for the nearly 1.2 million seafarers who work for the world’s shipping industry. The Convention contains provisions such as conditions of employment, hours of work and rest, accommodation, medical care, and health protection. A maritime labour certificate may now be issued to ships whose flag states guarantee that the ships comply with the Convention.
WTO Weighs in on U.S. Dumping Calculations (April 2006)
The World Trade Organization (WTO) Appellate Body (AB) issued a report on the case filed by the European Communities, “United States – Laws, Regulations and Methodology for Calculating Dumping Margins (“Zeroing”).” The AB affirmed a panel report finding that the zeroing methodology used by the U.S. in original antidumping investigations is inconsistent with Article 2.42 in the WTO Anti-Dumping (AD) Agreement. The AB reversed the panel’s finding that the zeroing applications in the administrative review were not inconsistent with the AD agreement. In May, the Dispute Settlement Body adopted the both the Appellate Body report and the amended panel report.
Japan Loses Vote at Annual IWC Meeting (June 2006)
The International Whaling Commission’s annual meeting was held in the Caribbean state of St. Kitts and Nevis. During the convention, Japan failed in its attempt to capture a majority vote on several measures that would replace the current whaling moratorium with more relaxed regulations for commercial whaling.
Anti-Piracy Agreement Reached in Asia (September 2006)
The Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia entered into force, signifying the first intergovernmental agreement to encourage cooperation against piracy and armed robbery. The Agreement contains provisions regarding information sharing that will ensure the development of more effective prevention measures.