The cooperative framework for ocean and coastal management in the Pacific Islands: Effectiveness,constraints and future direction

The framework for management of the ocean and coasts of the Pacific Islands region has been evolving since the early 1970s when Pacific Island countries played a significant role in the negotiations leading to the 1982 United Nations Convention on the Law of the Sea. Commencing with a summary of the provisions of relevant international instruments, this paper presents a broad overview of regional arrangements for ocean and coastal management in the Pacific Islands region. It considers the work of the various regional intergovernmental organizations with active programmes in ocean research and governance and the consultative arrangements that support coordination and collaboration. Consultative arrangements involving other stakeholders, such as local, regional and international nongovernmental organizations are summarised. To improve environmental governance and address increasing environmental threats, particularly in relation to coastal area management, consultative arrangements need strengthening. This applies equally to national and regional level consultation. The institutional and policy framework for the management and conservation of oceanic fish stocks that Pacific Island countries have been refining over a period of 25 years is suggested as providing useful lessons for strengthening coastal management processes and strategies in the region.     

The US freedom of navigation program preserving the law of the sea

The 1982 United Nations Convention on the Law of the Sea prescribed extensive rules of behavior for the international community in the oceanic regime. Some of the most important provisions of the Convention are those regarding the freedom of navigation and overflight in various maritime zones, i.e. territorial seas, international straits, archipelagos, exclusive economic zones and the high seas.While most coastal nations are complying with the navigation and overflight provisos of the Convention, some are not. Where excessive maritime claims exist, the US has evolved an ambitious Freedom of Navigation (FON) Program which challenges these excessive claims. This Program was initiated under the Carter Administration in 1979 and has continued, unabated, ever since.As the international community prepares for the day when the 1982 Convention becomes universally-recognized international law, there are likely to be periodic excessive maritime claims. In cases where the Convention's dispute settlement provisos fail to resolve excessive claims, the community of nations may find it useful to use the US FON Program as an example for the enforcement of maritime rules.     

Preliminary considerations on the potential influence of submarine fans on marine delimitation

The complex issues associated with marine delineation for the outer limit of continental shelf and the boundary delimitation have provoked considerable attention among researchers in a variety of academic circles, particularly in the juristic filed and the geo-science field. In the present contribution, we start from an overview of submarine fans, as one of common types of sediment-deposit bodies in the ocean, and ex- plore the related geological features which may be of relevance to the marine delimitation in accordance with the 1982 United Nations Convention on the Law of the Sea. We carry out a comparative assessment of certain significant geological features of submarine fans, using the Bengal fan as an example, which is the biggest submarine fan in the world and represents an important factor in the maritime boundary dispute between the neighboring states currently. The relationship between the special geological bodies and the international principle in the 1982 United Nations Convention can be established by combining geological and juristic analyses. This preliminary observation on the effect of submarine bodies both on the marine entitlement and boundary delimitation indicates that it is important for the international society to appro- priately deal with this problem so that the marine right of any state can be protected.     

Experimental activities that intentionally perturb the marine environment: Implications for the marine environmental protection and marine scientific research provisions of the 1982 United Nations Convention on the Law of the Sea

The global community's ability to assess the environmental effects of marine scientific research (MSR) as required by the 1982 United Nations Convention on the Law of the Sea's (UNCLOS) marine environment provisions (MEP) is limited, as shown by experimental activities that intentionally manipulate the marine environment. Such work enhances knowledge of the ocean, but it may also have significant environmental effects. This growing use of the ocean as a laboratory has global scientific, environmental, legal and policy implications. Examined here is the relationship between the MSR and the MEP provisions of UNCLOS. International, science-driven guidelines are proposed.     

Marine science and technology transfer: Can the Intergovernmental Oceanographic Commission advance governance of biodiversity beyond national jurisdiction?

Marine scientific research is crucial to forge solutions in the development of a new international legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (ABNJ) under the 1982 United Nations Convention on the Law of the Sea . The transfer of marine technology, capacity development and marine genetic resources are key issues. This paper examines how the Intergovernmental Oceanographic Commission (IOC), as a competent international organisation for marine scientific research and technology transfer, can inform the development of the instrument. Synergies between marine technology transfer and non-monetary benefit sharing of genetic resources are illustrated. Four key lessons from the IOC are examined: 1. Coordinating international cooperation in marine scientific research; 2. Enabling open access to data and knowledge; 3. Facilitating capacity development through scientific training and education; and 4. Governance of marine scientific research. Realising the potential of the IOC to advance governance solutions for ABNJ will depend on increased political will from Member States and strengthened partnerships to reduce resource constraints and enhance the IOC's capacity at global and regional scales.     

The contribution of fisheries access agreements to flag State responsibility

On 2 April 2015, the International Tribunal for the Law of the Sea (ITLOS) rendered an advisory opinion in which it held that Articles 58(3), 62(4), 94(2), 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) laid down a responsibility of flag States for fishing activities undertaken by private actors in the Exclusive Economic Zones (EEZs) of coastal States. In interpreting these provisions of UNCLOS, the ITLOS made reference to specific clauses in fisheries access agreements (FAAs) concluded by coastal States and flag States. This article examines in more detail the contribution of FAAs to the concept of flag State responsibility. It will first offer a brief discussion of the framework for fisheries access under national jurisdiction provided by UNCLOS and will then take a closer look at how certain provisions contained in FAAs have contributed –and could contribute in the future– to the concept of flag State responsibility in international fisheries law. The article concludes that FAAs have contributed significantly to the development of the concept of flag State responsibility for fishing activities in the past and may do so to a more limited extent in the future.     

Sustaining marine life beyond boundaries: Options for an implementing agreement for marine biodiversity beyond national jurisdiction under the United Nations Convention on the Law of the Sea

For nearly a decade, governments have been discussing the need to improve efforts to conserve and sustainably use marine biodiversity in areas beyond national jurisdiction (ABNJ). Support for a new international agreement under the United Nations Convention on the Law of the Sea (UNCLOS) – an Implementing Agreement – on the conservation and sustainable use of marine biodiversity in ABNJ has been growing. In June 2012, at the United Nations Conference on Sustainable Development held in Rio de Janeiro, Brazil, States agreed to take a decision on the development of an international instrument under UNCLOS before the end of the 69th session of the United Nations General Assembly (UNGA), which runs from September 2014 to August 2015. In follow-up to this commitment, it was agreed to consider the “scope, parameters and feasibility” of this instrument. To inform these international discussions, this article highlights some potential options for the content of a new UNCLOS Implementing Agreement. It first reviews the history of UN discussions, and then elaborates on options to address key elements identified as priorities for States in 2011: marine genetic resources, including the sharing of benefits, area-based management tools, including marine protected areas, environmental impact assessments, capacity-building and the transfer of marine technology. It addresses cross-cutting issues such as the governing principles, institutional structure as well as on other critical points such as High Seas fishing and flag State responsibilities. The article concludes with suggestions on possible next steps in order to succeed in the negotiations for an agreement.     

The development and initial implementation of Australia's ‘integrated and comprehensive’ Oceans Policy

Australia's ratification of the Law of the Sea Convention has led to the declaration of an 11 million square kilometre exclusive economic zone. The increased responsibilities which go with this zone has resulted in the Australian Government preparing an “integrated and comprehensive” Oceans Policy. This paper reviews international progress in the development of oceans policy before describing and discussing the development and initial implementation of the Australian Oceans Policy. The development of the policy is analysed in terms of the interplay between various stakeholders and the issues included in the policy, with reference to lessons which may be of value to other countries in developing and implementing their own responses to the United Nations Law of the Sea Convention.     

To accede or not to accede: An analysis of the current US position related to the United Nations law of the sea

The 1982 United Nations Convention on the Law of the Sea (hereafter “UNCLOS”) is one of the most significant legal instruments of modern times, though the United States (US) has yet to join the 167 nations that have signed the document. Until the twentieth century, freedom of the seas led to inequity among nations, violence, and environmental disasters. UNCLOS provides a peaceful legal structure to resolve border disputes and enforce anti-pollution regulations while maintaining freedom of navigation, safety at sea, and marine scientific research efforts. However, the legitimacy of UNCLOS continues to deteriorate as China acts unilaterally while its global economic reach expands. Additionally, the US cannot participate in international agreements to access ocean resources in the deep seabed or claim portions of the Arctic due to non-accession to UNCLOS. Such accession would protect global security as the balance of power otherwise becomes increasingly unstable. The US must also accede to ensure economic development for itself as well as the preservation of coastal resources upon which many nations rely. In conclusion, US non-accession will risk global security, economic development, and the US position of strength.     

The evolution and trend of the traditional fishing rights

“Traditional fishing rights” were once universally accepted by the international community. However, under a regime of Exclusive Economic Zones (EEZs) defined by the United Nations Convention on the Law of the Sea (UNCLOS) in 1982, these rights were treated as a reasonable allocation of the surplus of the total allowable catch (TAC) or dependence on phase-out arrangements in bilateral fisheries agreements. This has caused the gradual marginalization of traditional fishing rights. This paper analyzes the transformations and trends affecting the development of fishing industries around the world, especially the growth and decline of traditional fishing rights and EEZs.     

Cooperation and compliance control in areas beyond national jurisdiction

Past decades have shown a constant increase in the number of international agreements regulating marine areas. Environmental changes as well as technological developments resulting in an increased use of oceans ensure the need for further governance in the future of high seas. At the same time, compliance by States with international obligations remains a considerable challenge in international law. In particular, regulations governing areas beyond national jurisdiction (ABNJ) are at risk of not being obeyed due to factual challenges posed to the control of high seas territories and the (legal) limits of the law of the sea. This article evaluates a stronger cooperation between States through the incorporation of compliance control systems in agreements regulating ABNJ in order to enhance compliance by States. For this purpose, provisions on compliance control measures which have already been established in two agreements regulating ABNJ, namely the International Convention for the Regulation of Whaling and the United Nations Fish Stocks Agreement, are analyzed. It is argued that the incorporation of compliance control elements into agreements regulating ABNJ is a promising avenue to secure improved compliance among States Parties and further implementation of this approach is recommended.     

Indonesia tuna fisheries development and future strategy

Tuna has made a significant contribution to Indonesian and world fisheries. Indonesian tuna fisheries were introduced from Japan, Taiwan and Korea. Longline fishing was introduced in 1962, and purse seine gear was first used in 1974. Many foreign vessels have reflagged to the Indonesian flag. The Indonesian government developed its own tuna fisheries and closed the chartering program in 2006. Through these efforts, Indonesia became the number one tuna production country in 2004 and has further targeted an increase in marine capture fisheries catch of 0.5%/year from 2010 to 2014. Tuna resources remain under pressure globally. The tuna regional fisheries management organizations attempt to manage tuna fisheries by strengthening conservation of stocks. To enhance international cooperation, Indonesia ratified the 1982 Convention on the Law of the Sea in 1985 and the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks in 2005 and became a member of Indian Ocean Tuna Commission and Commission for the Conservation of Southern Bluefin Tuna and a cooperating non-member of Western and Central Pacific Fisheries Commission in the 2000s. Consequently, Indonesia adopted domestic regulations to comply with management measures. For future sustainable development, Indonesia needs to build its capacity, improve its compliance with the tuna RFMOs’ conservation and management measures, strengthen data collection, develop its products to increase their quality and diversification, and enhance its international cooperation.     

Marine administration and spatial data infrastructure

This paper reviews the emergence of the spatial dimension of marine and coastal zone administration, and examines several initiatives around the world that contribute to this idea. Spatial data have been recognised as an important resource to improve decision-making and resource management in both the land and marine environments in terms of sustainable development. Many countries are developing Spatial Data Infrastructures (SDIs) to improve access and sharing of spatial data, however, most of these initiatives stop at the coastline. Recently, global and regional activities such as the 3rd United Nations Convention on the Law of the Sea (UNCLOS) and the Sustainable Development Strategy for the Seas of East Asia (SDS-SEA) have brought to international attention the importance of effective administration of the marine and coastal environments.     

Approaches to addressing the problems of pollution of the marine environment: an overview

A review is presented of major international actions taken to address the pollution of the marine environment, from various sources. The actions are put into the context of the third United Nations Convention on the Law of the Sea and the outcomes of the United Nations Conference on Environment and Development 1992, and are related to major issues facing society with respect to the marine environment. These concern governance, institutions, implementation of international agreements, capacity building, as well as impacts on the ocean and needs for research and observations. The need for political will to act is also emphasized.     

国际蓝碳合作发展与中国的选择

海洋储存了地球上93%的CO_2,是全球最大的碳库。发挥海洋固碳、储碳作用,对应对全球气候变化具有重要意义。《联合国气候变化框架公约》和《巴黎协定》是2020年后国际气候治理的基础,为国际蓝碳合作指明了方向,也提供了国际法依据。当前,国际蓝碳合作从科学研究向纳入国际气候治理方向不断推进,不少国际组织和国家已着手推动蓝碳国际规则制定。中国蓝碳资源分布广泛,特色鲜明,蓝碳发展起步阶段里中国的参与不仅是对全球应对气候变化的重要贡献,更有助于通过蓝碳合作增强我国在全球气候治理和海洋治理领域的影响力和话语权。我国蓝碳发展应从国内、国际两个方面着手。在国内夯实基础、补足短板,加强蓝碳基础研究和实践,建立蓝碳评估标准,加快蓝碳人才队伍建设。在国际上积极参与现有国际蓝碳计划,在"21世纪海上丝绸之路"等机制框架下开展双、多边蓝碳合作,推动全球蓝碳治理,从积极参与向适时引领发展。     

The Enterprise: An expendable triumph

The developing countries scored an outstanding diplomatic success when they secured provisions in the Draft Convention for setting up an organ of the International Authority to engage in commercial activities in the international area. If in negotiations concessions are made to one party in exchange for concessions desired by the other, then these concessions should normally be expected to address the real interests of the parties concerned, especially if concessions involve costs, so that the benefits of mutual concessions would be equal. In the negotiation on the question of the system of exploitation, however, the concession to set up this organ—the Enterprise—was made by the industrial countries even though it did not safeguard or achieve any concrete interest of the developing countries or those of a number of individual developing countries, thus bringing about benefits to them. The industrial countries, because they misjudged the mood of the developing countries, failed to recognize that, though united and eloquent, the mounting pressure for a unitary system of exploitation reflected only the highest common factor for agreement among themselves and not a substantive interest from which a benefit or advantage could be derived. Had they seen that the system of exploitation proposed by developing countries did not reflect or promote any widely shared national or ideological interests, the industrial countries could have avoided the undertaking to set up the Enterprise.     

国家管辖范围以外区域环境影响评价的筛选机制研究

国家管辖范围以外区域(Areas Beyond National Jurisdiction,ABNJ)海洋生物多样性养护与可持续利用问题是当前国际社会共同关注的一个焦点。联合国大会2015年通过关于BBNJ(Biodiversity Beyond National Jurisdiction)养护和可持续利用问题的69/292号决议,决定在《联合国海洋法公约》框架下制定具有法律约束力的新协定(BBNJ国际协议)。环境影响评价是BBNJ国际协议的重要组成部分。对ABNJ当前主要的人类活动以及现有环境管理机制进行梳理,结合国际层面和区域组织的环境影响评价框架以及主要国家的环境影响评价实践,对ABNJ主要人类活动的环境影响评价筛选机制进行研究,着重分析以“重大不利影响”作为环境影响评价的启动门槛的正当性;并从项目的选址、项目特征和项目影响这3个主要因素出发,阐明适用于ABNJ的环境影响评价筛选标准;最后,基于不同类型活动的综合分析,就ABNJ环境影响评价的适用活动范围进行初步探讨,并尝试为ABNJ环境影响评价适用的活动清单提出方案设想。     

The exclusive economic zone : State claims and the LOS convention

The rapid acceptance of the exclusive economic (EEZ) concept belies the broad differences among State claims beyond 12 nautical miles, and the wide gulf between State practice and the United Nations Convention on the Law of the Sea (LOS Convention). This paper first examines the areas of contention between State practice and the LOS Convention. These differences are characterized and the author concludes that the EEZ regime within the Convention does not address the specific individual and regional needs of States that have resulted in the wide discrepancy among State claims. The author suggests a global authority under which the jurisdictional line would be redrawn along the practical level of coastal State to vessel, rather than the political plane of coastal State to flag State.     

国际背景下的海洋调查技术标准化发展路径研究

通过对比分析我国与美国、欧盟的标准战略、标准化组织机构、标准体系和海洋调查技术标准具体的制订现状,综合比较了我国与发达国家之间的差异,建议借鉴以民间自由竞争为特点的美国标准模式和以高度国际化的标准体系为特点的欧洲标准模式,同时充分发挥国际标准化组织海洋技术分委会(ISO/TC8/SC13)主席和秘书处落户中国这一平台优势的桥梁作用,探索我国海洋调查技术标准国际化的有效路径。     

大陆坡脚确定原则与方法

大陆坡脚是大陆边缘的一个重要地形特征,是沿海国扩展其大陆架权利和划定其200海里以外大陆架外部界限的基础,也是大陆架界限委员会审议沿海国划界案时特别关注的重要技术参数。《联合国海洋法公约》第76条大陆架制度的制定源于典型的被动大陆边缘。但由于全球大陆边缘的多样性和复杂性,特别是后期构造活动、沉积作用对大陆边缘的改造与影响,海底地形地貌异常复杂多变,导致大陆坡脚的识别非常困难。加上各沿海国为获得最大范围的外大陆架,对大陆坡脚的相关规定进行有利于自己的解释,使得大陆坡脚的确定成了外大陆架划界中一个颇具争议的热点问题。本文基于对《联合国海洋法公约》和《大陆架界限委员会科学和技术准则》对大陆坡脚的规定,结合不同类型大陆边缘的地质特征和各沿海国划界实践,对陆坡基部区的确定、坡度变化最大之点的选取以及相反证明规则的适用性等问题进行了探讨。