Pierandrea Leucci
- Legal Officer, European Commission, Directorate-General for Maritime Affairs and Fisheries (DG MARE), Belgium.
- Research Associate in Law of the Sea, Max Planck Foundation for International Peace and the Rule of Law (MPFPR), Germany.
- President & Legal Consultant at 'Associazione di Consulenza in Diritto del Mare' (ASCOMARE), Italy.
- General Secretariat of the Council of the European Union, Department B: Fisheries, Belgium.
- Intern at the United Nations Division for Ocean Affairs and the Law of the Sea (DOALOS), USA.
- LL.M. in International Law of the Sea (University of Tromsø), Norway.
- LL.P. Statement Public International Law (University of Uppsala), Sweden.
- Master's Degree in Law (University of Florence), Italy.
Co-founding member of the Consortium for the Study of Maritime Affairs and the Blue Economy (CONSMAR)
Member of the Int'l Advisory Board/Brazilian Institute Law of the Sea (BILOS)
Member of the European Environmental Law Forum (EELF)
Partner and Legal Advisor at I.SE.F. SAS
Rhodes Academy Alumnus
Editor in Chief - ASCOMARE Yearbook on the Law of the Sea (YLoS)
- Research Associate in Law of the Sea, Max Planck Foundation for International Peace and the Rule of Law (MPFPR), Germany.
- President & Legal Consultant at 'Associazione di Consulenza in Diritto del Mare' (ASCOMARE), Italy.
- General Secretariat of the Council of the European Union, Department B: Fisheries, Belgium.
- Intern at the United Nations Division for Ocean Affairs and the Law of the Sea (DOALOS), USA.
- LL.M. in International Law of the Sea (University of Tromsø), Norway.
- LL.P. Statement Public International Law (University of Uppsala), Sweden.
- Master's Degree in Law (University of Florence), Italy.
Co-founding member of the Consortium for the Study of Maritime Affairs and the Blue Economy (CONSMAR)
Member of the Int'l Advisory Board/Brazilian Institute Law of the Sea (BILOS)
Member of the European Environmental Law Forum (EELF)
Partner and Legal Advisor at I.SE.F. SAS
Rhodes Academy Alumnus
Editor in Chief - ASCOMARE Yearbook on the Law of the Sea (YLoS)
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Books by Pierandrea Leucci
Pietro Consolandi, Mekhala Dave - Haunting Pasts to Flowing Futures: In Search of Oceanic Agency
Óscar Cabello Sarubbi - ITLOS Advisory Opinions and International Law
Mercedes Rosello - Disordered Legal Pluralism and Legal Security in Internationally Shared Fisheries
Kyle Fawkes, Julia Nakamura, Mitchell Lennan - Leveraging International Fisheries Law for Maritime Security in the Anthropocene: Addressing Conflicts in Fisheries
Andrea Longo - The Human Dimension of Fishing Activities: Towards a Broader Meaning of Illegal Fishing?
Chin-Chia Tien - Reflections on the Human-Fish Nexus in the Law of the Sea: Innovations in Legal Doctrine for Sustainable Fisheries
Johanna Sophie Bürkert - The Central Arctic Ocean Fisheries Agreement – Legislating for Resilience? An analysis of the CAOF Agreement from a Socio-Ecological Systems Resilience Perspective
Felipe Morais Santos, Camila Graciola - Development and Innovation in Fisheries and Aquaculture in Brazil: A Legal Analysis
Tullio Scovazzi - The Italian Exclusive Economic Zone
Pierandrea Leucci - Enforcement Jurisdiction Against Ships Without Nationality Fishing on the High Sea
Pierandrea Leucci, Ilaria Vianello - Concluding Remarks
Mekhala Dave, The Image: An Interpretation.
Ida Caracciolo, Unilateral Interests of States, Common Interests of States and Interests of Mankind: From Coexistence to Cooperation in the 1982 UN Convention on the Law of the Sea.
Tullio Scovazzi, Some Remarks on Definitions in International Law of the Sea.
Felicity G. Attard, Limitations on the Duty to Render Assistance at Sea under International Law.
Marianthi Pappa & Chiara Pavesi, Protecting Non-State Actors’ Interests at Sea: Judicial Responses to the Silence of UNCLOS.
Léna Kim, The Place of Economic Actors in the Law of the Sea through the Lens of Nationality.
Ademun Ademun-Odeke, The Evolution, Nature and Application of ‘Private Ends’ in Piracy Definition.
Arron Honniball, Exclusive ‘Jurisdiction’ on the High Seas Revisited: The Diverging Conceptualisation and Application of Article 92 of UNCLOS in The Enrica Lexie Incident Award.
Henning Jessen, The Legal Understanding of the Term ‘Ship’ Under the United Nations Convention on the Law of the Sea (UNCLOS).
Patrick Balsano, UNCLOS and the Unfortunate Oversight of Cartography.
Frances Anggadi, The Meaning and Legal Significance of ‘Fringing Reefs’ in the LOSC, and Importance for Contemporary Challenges in the Law of the Sea.
Pierandrea Leucci, Enforcing fishery legislation in the Exclusive Economic Zone of Non-Parties to UNCLOS: A Commentary to Article 73.
Ilaria Vianello, Concluding Remarks.
Papers by Pierandrea Leucci
Contributions are sought in respect of articles examining fisheries in respect of one or more of its manifold ‘dimensions’, including human rights, environmental impact, climate change, maritime and social security, and science. This includes an examination of practical challenges, best practices and opportunities connected with the use of new socio-economic models, and regional regulatory mechanisms.
Further details can be found here: https://ascomare.com/ylos-volume-2/
Submissions are welcome both in English and Italian.
The most insightful contribution will be awarded with a copy of the prestigious Volume I of the “United Nations Convention on the Law of the Sea 1982: A Commentary” (Virginia Commentary).
Deadline for submission of abstracts: January 30th, 2021
More details: https://ascomare.com/ylos/
Convention. On the one hand, the coastal State enjoys the right to authorize MSR in such maritime areas; while on the other hand, there is a requirement under Article 246(3), “in normal circumstances”, to grant its consent to researching States and institutions. However, the question arises ‘how can the intimate nature of coastal State’s consent – i.e. its discretionary character - and the obligation to grant it “in normal circumstances” be reconciled in practice?’
This article will analyze and discuss the nature and scope of coastal State’s consent in Article 246 UNCLOS to determine as to whether the right to authorize MSR in the EEZ and over the continental shelf accounts to a mere procedural condition or rather to a real discretionary power.
www.ascomare.com
Coastal states started to see vessels in distress as time-bombs ready to explode at any moments and between 1978 and 2002, refuge was denied to at least twenty-five different vessels, including the Christos Bitas, the Andros Patria, the Toledo, the Long Ling, the Nagasaki Spirit and the well-known Castor and Prestige .
And it was after the Castor and Prestige accidents, that states and international organization began to formulate procedures and standards to address the risk posed by those vessels to maritime safety and the protection of the marine environment.
The present dissertation aims to discuss the aforementioned issue for the purpose of determining whether or not coastal states have an obligation, under the international law of the sea, to grant refuge into their ports to ships in peril at sea."
Ciononostante, tale soluzione tecnico-giuridica non pare formalmente porsi in contrasto con la normativa di settore facente capo alla Direttiva 94/22/CE (a cui rimanda la Direttiva 2013/30/UE, all’articolo 1, paragrafo 3) e ciò in quanto, la Direttiva 94/22/CE, all’articolo 1 paragrafo 3, nel definire il concetto di autorizzazione […] di prospezione, ricerca o coltivazione di idrocarburi, prevede espressamente che essa possa essere rilasciata separatamente per ogni attività o congiuntamente per più attività, pertanto, non escludendo la possibilità, per i singoli Stati membri dell’Unione, di procedere tramite meccanismi di concessione unificati [...]"
Pietro Consolandi, Mekhala Dave - Haunting Pasts to Flowing Futures: In Search of Oceanic Agency
Óscar Cabello Sarubbi - ITLOS Advisory Opinions and International Law
Mercedes Rosello - Disordered Legal Pluralism and Legal Security in Internationally Shared Fisheries
Kyle Fawkes, Julia Nakamura, Mitchell Lennan - Leveraging International Fisheries Law for Maritime Security in the Anthropocene: Addressing Conflicts in Fisheries
Andrea Longo - The Human Dimension of Fishing Activities: Towards a Broader Meaning of Illegal Fishing?
Chin-Chia Tien - Reflections on the Human-Fish Nexus in the Law of the Sea: Innovations in Legal Doctrine for Sustainable Fisheries
Johanna Sophie Bürkert - The Central Arctic Ocean Fisheries Agreement – Legislating for Resilience? An analysis of the CAOF Agreement from a Socio-Ecological Systems Resilience Perspective
Felipe Morais Santos, Camila Graciola - Development and Innovation in Fisheries and Aquaculture in Brazil: A Legal Analysis
Tullio Scovazzi - The Italian Exclusive Economic Zone
Pierandrea Leucci - Enforcement Jurisdiction Against Ships Without Nationality Fishing on the High Sea
Pierandrea Leucci, Ilaria Vianello - Concluding Remarks
Mekhala Dave, The Image: An Interpretation.
Ida Caracciolo, Unilateral Interests of States, Common Interests of States and Interests of Mankind: From Coexistence to Cooperation in the 1982 UN Convention on the Law of the Sea.
Tullio Scovazzi, Some Remarks on Definitions in International Law of the Sea.
Felicity G. Attard, Limitations on the Duty to Render Assistance at Sea under International Law.
Marianthi Pappa & Chiara Pavesi, Protecting Non-State Actors’ Interests at Sea: Judicial Responses to the Silence of UNCLOS.
Léna Kim, The Place of Economic Actors in the Law of the Sea through the Lens of Nationality.
Ademun Ademun-Odeke, The Evolution, Nature and Application of ‘Private Ends’ in Piracy Definition.
Arron Honniball, Exclusive ‘Jurisdiction’ on the High Seas Revisited: The Diverging Conceptualisation and Application of Article 92 of UNCLOS in The Enrica Lexie Incident Award.
Henning Jessen, The Legal Understanding of the Term ‘Ship’ Under the United Nations Convention on the Law of the Sea (UNCLOS).
Patrick Balsano, UNCLOS and the Unfortunate Oversight of Cartography.
Frances Anggadi, The Meaning and Legal Significance of ‘Fringing Reefs’ in the LOSC, and Importance for Contemporary Challenges in the Law of the Sea.
Pierandrea Leucci, Enforcing fishery legislation in the Exclusive Economic Zone of Non-Parties to UNCLOS: A Commentary to Article 73.
Ilaria Vianello, Concluding Remarks.
Contributions are sought in respect of articles examining fisheries in respect of one or more of its manifold ‘dimensions’, including human rights, environmental impact, climate change, maritime and social security, and science. This includes an examination of practical challenges, best practices and opportunities connected with the use of new socio-economic models, and regional regulatory mechanisms.
Further details can be found here: https://ascomare.com/ylos-volume-2/
Submissions are welcome both in English and Italian.
The most insightful contribution will be awarded with a copy of the prestigious Volume I of the “United Nations Convention on the Law of the Sea 1982: A Commentary” (Virginia Commentary).
Deadline for submission of abstracts: January 30th, 2021
More details: https://ascomare.com/ylos/
Convention. On the one hand, the coastal State enjoys the right to authorize MSR in such maritime areas; while on the other hand, there is a requirement under Article 246(3), “in normal circumstances”, to grant its consent to researching States and institutions. However, the question arises ‘how can the intimate nature of coastal State’s consent – i.e. its discretionary character - and the obligation to grant it “in normal circumstances” be reconciled in practice?’
This article will analyze and discuss the nature and scope of coastal State’s consent in Article 246 UNCLOS to determine as to whether the right to authorize MSR in the EEZ and over the continental shelf accounts to a mere procedural condition or rather to a real discretionary power.
www.ascomare.com
Coastal states started to see vessels in distress as time-bombs ready to explode at any moments and between 1978 and 2002, refuge was denied to at least twenty-five different vessels, including the Christos Bitas, the Andros Patria, the Toledo, the Long Ling, the Nagasaki Spirit and the well-known Castor and Prestige .
And it was after the Castor and Prestige accidents, that states and international organization began to formulate procedures and standards to address the risk posed by those vessels to maritime safety and the protection of the marine environment.
The present dissertation aims to discuss the aforementioned issue for the purpose of determining whether or not coastal states have an obligation, under the international law of the sea, to grant refuge into their ports to ships in peril at sea."
Ciononostante, tale soluzione tecnico-giuridica non pare formalmente porsi in contrasto con la normativa di settore facente capo alla Direttiva 94/22/CE (a cui rimanda la Direttiva 2013/30/UE, all’articolo 1, paragrafo 3) e ciò in quanto, la Direttiva 94/22/CE, all’articolo 1 paragrafo 3, nel definire il concetto di autorizzazione […] di prospezione, ricerca o coltivazione di idrocarburi, prevede espressamente che essa possa essere rilasciata separatamente per ogni attività o congiuntamente per più attività, pertanto, non escludendo la possibilità, per i singoli Stati membri dell’Unione, di procedere tramite meccanismi di concessione unificati [...]"
ASCOMARE is pleased to launch its call for abstracts for Volume 3 of the YLoS titled ‘Maritime Security, New Technology and Ethics: Evolving Challenges and Opportunities.’ This volume of the Yearbook will focus on the regulatory, legal, and ethical implications of the use of new technology in maritime security, including the need to ensure intra-generational equity
and proportionality (North-South) in the development of new regulatory mechanisms for access and benefit-sharing of resources and technology.
Further information at the following link: https://ascomare.com/ylos-volume-3/
Question 1: International obligations governing new fisheries in the Arctic.
Question 2: Possible application of Part III, Section 2 LOSC to the Northwest Passage and the Northern Sea Route.
Question 3: The Barents Sea Treaty.