The international whaling regime post 2007

Japan's delegation to the International Whaling Commission (IWC) must have gone to the 2007 meeting in Anchorage believing that the prospects of at least the commencement of the process leading to the overturning of the moratorium were better than they had been since 1986. The passing of the St. Kitts and Nevis Declaration at the 2006 Meeting, the gathering momentum of their Normalisation agenda, and their own determination to compromise some of their own agenda in the interest of harmony within the IWC, would have formed the basis of this belief. The reality was totally different. There was no compromise by the anti-whaling group within the meeting who also regained the simple majority position which had been lost in 2006.     

Compromise in the IWC: Is it possible or desirable?

It is widely assumed that a compromise position must be reached between pro- and anti-whaling groupings within the International Whaling Commission. This assumption is based on the belief that the Commission will collapse in the absence of any such compromise, and has been the driving force behind a number of compromise proposals in recent years. This paper argues that the fundamental positions of the two groups are so different, and that both groups are getting enough from the current position as to make it unattractive to either group to make any serious concessions toward a compromise position.The suggested solution is for the two groups to “agree to disagree”; using the resulting improvement in goodwill between them to focus on cooperation on those aspects of whale conservation on which they can agree.     

Climate variability and tropical tuna: Management challenges for highly migratory fish stocks

The 1995 United Nations Fish Stocks Agreement facilitates the creation of regional fishery management organizations (RFMOs) to govern harvests of straddling and highly migratory fish stocks. The stability and success of these organizations will depend, in part, on how effectively they can maintain member nations’ incentives to cooperate despite the uncertainties and shifting opportunities that may result from climate-driven changes in the productivity, migratory behavior, or catchability of the fish stocks governed by the RFMO. Such climatic impacts may intensify incentives for opportunism, and create other management challenges for the RFMOs now governing tropical tuna fisheries in the Pacific and Indian Oceans.     

Acceptance of the international compensation regime for tanker oil pollution – And its implications for China

The international compensation regime for tanker oil pollution has been successful in providing adequate and prompt compensation to pollution victims in its member states. Nevertheless, the attitudes of different countries toward acceptance of this regime have varied considerably. This paper aims to explain three main factors in the acceptance of the regime, including: (1) The level of economic development; (2) the risk of exposure to tanker oil spills; and (3) the financial burden associated with adherence to the International Oil Pollution Compensation Fund (IOPC). Using both fuzzy-set Qualitative Comparative Analysis and an Ordered Probit model, this study found two patterns causing upper-middle and high income countries to have a high acceptance level: (a) Those facing a medium risk of oil spills and having a low financial burden; and (b) those facing a high risk of oil spills. The study reveals that, for a country with a high risk of exposure to tanker oil spills, such as China, with its improvement in economic status it is far better for it to join the IOPC Fund, so as to provide better protection both for potential pollution victims and for the marine environment. The results of this study can also be applied to other countries that are considering whether or not to accept the international compensation regime for tanker oil pollution.     

Purpose,policy, and practice: Intent and reality for on-ground management and outcomes of the Great Barrier Reef Marine Park

Notwithstanding a complex array of international, national, and local policies designed to protect biodiversity and manage human activities, the condition of Australia's Great Barrier Reef has been deteriorating. This trend indicates that policy settings are inadequate or the right policies have been prescribed but not effectively implemented. This study aimed to determine which policies influenced on-ground management of the Great Barrier Reef World Heritage Area and Marine Park, how they were implemented, and the challenges encountered by practitioners in applying policies. The research required content analysis of policy instruments relevant to various jurisdictional levels, and surveys and interviews with 19 key informants across jurisdictions and agencies. This study found that policy intent is not automatically translated into practice: international agreements are interpreted and reinterpreted along the policy pathway to on-ground management and, consequently, the aspirations of these agreements can be frustrated and their effectiveness diluted. Due to limits of jurisdictional responsibility, practitioners within the Great Barrier Reef Marine Park Authority are constrained in influencing key factors that impact on their capacity to address threats and manage outcomes. The major policy gap affecting management outcomes was the absence of a mechanism with which to manage cumulative impacts responsible for deterioration of key ecosystem processes and biodiversity. These findings highlight that effective policy implementation is a challenging task, limited by gaps between intentions and outcomes, inconsistencies, and conflicting agendas. An improved understanding of the policy implementation process and the policy-practitioner relationship is essential to enhancing links between policy and on-ground management.     

Modernisation of the International Convention for the Regulation of Whaling

Modernisation of the International Convention for the Regulation of Whaling (ICRW) has long been proposed by some contracting states and outsiders as a way of resolving the “Whaling Dispute” within the International Whaling Commission (IWC); however, both sides of the debate have traditionally been unconvinced that they would gain enough benefit to make the process worthwhile.     

Sharing benefits of the common heritage of mankind – Is the deep seabed mining regime ready?

The 1982 United Nations Convention on the Law of the Sea declares the seabed beyond national jurisdiction and its mineral resources as the “common heritage of mankind” (CHM). This article examines the operationalisation of the CHM principle in the international seabed mining regime, with focus placed on the sharing of benefits derived from mining. The article begins by providing an overview of the CHM principle, before examining four modalities provided for in the Convention, both institutional and substantial, and their role in giving effect to the CHM principle: (1) financial benefits; (2) the “Enterprise”; (3) the parallel system of reserved areas; and, (4) marine scientific research. Finally, overarching issues are discussed and some suggestions on ways forward are presented. The article considers that the deep seabed mining regime is not yet ready to effectively share the benefits derived from the common heritage of mankind. In particular, the future of the Enterprise is uncertain and changes to the so-called parallel system that affect the CHM have received minimal discussion. Moreover, a lack of publicly available research data related to seabed mining is hindering current benefits for humankind. However, work is underway at the International Seabed Authority to establish rules and policies with respect to the sharing of financial benefits. While the CHM principle remains largely untested, approaches that are transparent, inclusive, accountable, and equitable are more likely to be successful.     

Organizations: INMARSAT: improving maritime communications

Improving maritime communications is the raison d'être of INMARSAT, of which 40 countries are now members. INMARSAT operates the world's only commercial satellite system devoted to international mobile communications. This article describes the system and the services which can be provided through it, and covers the policy issues of interest to INMARSAT. It concludes by considering the future of maritime mobile communications via satellite.     

Global energy scenarios and their implications for future shipped trade

About half of the world's oil supply, a fifth of coal supply and a tenth of natural gas supply are traded by ship. Accordingly, any significant shift in the size and shape of the global energy system has important consequences for shipping, which underpins international trade and supports economic development. The Paris Agreement requires an acceleration of the drive towards energy system decarbonisation. Yet, the International Maritime Organisation's understanding of the future is more in line with the high-carbon scenarios analysed here. This paper is a first comprehensive and global assessment of implications of fundamental changes to global and regional energy systems for international shipping, under-researched in energy scenarios consistent with deep decarbonisation. It concludes that, despite uncertainties (particularly with negative emission technologies), fossil fuel trade by the middle of the century will almost certainly be significantly lower under low-carbon than under high-carbon scenarios, and (for oil and coal) lower than in 2012. As to bioenergy and captured carbon dioxide, while their supply is expected to increase during a low-carbon transition, worldwide shipped trade in these commodities will not necessarily grow, based on the analysis in this paper. In other words, if the low-carbon futures envisioned in the Paris Agreement materialise, energy-related shipping will likely decline (by a quarter for oil and by 50% for coal in the median < 2 °C scenarios by 2050), with significant ramifications for policies and regulation in the shipping sector and international trade.