Legal Opinions

ASCOMARE provides and coordinates expert legal opinions on critical Law of the Sea matters, including the regulation of maritime zones and activities at sea, the exploitation of marine resources, and the enforcement of international legal obligations. Our specialized legal assessments support States, institutions, and stakeholders in ensuring compliance with international law and addressing complex jurisdictional and regulatory challenges.

• Request for a Legal Opinion by the BDS National Commitee on the Regime of Innocent Passage and the Due Diligence Obligations of Flag States under the International Law of the Sea (11 March 2025).

IMPLEMENTING TOOLS

In November 2025, ASCOMARE and Law for Palestine have released a set of implementing tools designed to assist States in fulfilling their obligations under the Law of the Sea regime with respect to the maritime transport of military materiel and dual-use items to countries that commit or plausibly commit genocide, apartheid, or other violations of peremptory norms. The guidelines, developed in response to a request by the Palestinian BDS National Committee, accompanied by an operational template for port authorities, serve as a practical tool to help States translate their legal duties into concrete operational measures that prevent their territory, waters, and flagged vessels from being used to facilitate such transfers.

The guidelines operationalise the findings of ASCOMARE’s Legal Opinion of 11 March 2025, which concluded that coastal and port States are obligated to take action where vessels are complicit in violations of human rights or peremptory norms, including by denying docking rights and passage through their territorial waters, or detaining the vessel and/or its cargo. Flag States must prevent their vessels from facilitating such violations or risk incurring international responsibility. 

They set out detailed requirements for port, coastal, and flag States – including due-diligence obligations, risk-assessment methodologies, requests for information, and inspection and enforcement procedures – providing States with a clear and actionable framework to ensure compliance with international law.

• Guidelines for Operationalising States’ Obligations under the Law of the Sea
• Operational Template for Competent Port Authorities

For tailored legal advice or specific inquiries, contact us at info@ascomare.com.