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.     

Bathymetry,substrate and fishing areas of Southeast Atlantic high-seas seamounts

Most of the Southeast Atlantic Ocean is abyssal, and global bathymetries suggest that only ～3.2% of the areas beyond national jurisdiction (ABNJ; also known as the high seas, as defined in the United Nations Convention on the Law of the Sea [UNCLOS]) are shallower than 2 500 m. This study mapped bathymetry and characterised substrates in selected seamount summit areas, including several that have been or may become fishing areas. The southernmost location, the Schmitt-Ott Seamount, has exposed volcanic bedrock with surrounding flats covered by thin biogenic sediments and/or coral rubble that appears ancient. At Wüst, Vema, Valdivia and Ewing seamounts the basaltic base appears to be overlain by coral caps and other coral substrates (sheets, rubble). Adjacent summit plains have biogenic sediments of varying thickness. Vema has a flat, roughly circular summit, <100 m deep, with the shallowest point being a 22-m-deep summit knoll; the upper slopes have ancient coral framework, but the summit has a mixture of coralline and volcanic rock and coarse sediments, including extensive areas with coralline algae and kelp forests. Valdivia Bank is a 230-m-deep, flat, rocky area (～11 × 5 km), protruding steeply from the extensive multi-summit Valdivia subarea of the Walvis Ridge. The distribution of past fisheries in the Convention Area of the South East Atlantic Fisheries Organisation (SEAFO) was considered in relation to the new information on bathymetry and substrate.     

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.     

Can existing institutions protect biodiversity in areas beyond national jurisdiction? Experiences from two on-going processes

United Nations discussions on the governance of marine areas beyond national jurisdiction have questioned, but not yet reached a decision, on whether existing institutional agreements and structures are sufficient to meet global commitments to protect marine biodiversity, or if additional mechanisms may be required. This paper considers two very different efforts to protect marine biodiversity in these areas: (1) in the North-East Atlantic through the efforts of OSPAR Convention for the Protection of the Marine Environment of the North-East Atlantic; and (2) in the central Atlantic, through the efforts of the Sargasso Sea Alliance led by the Bermuda government. In each case, action has been strongly supported by non-governmental organisations and subsequent progress has hinged upon on-going dedicated efforts of “champion” governments to bring other States on board. This paper outlines the difficulties that they have faced, and consequently why they have been time-consuming, and are not yet completed. The paper then considers 10 common recommendations that can be drawn from the experiences of these two distinct initiatives, and their relevance to on-going UN deliberations.     

The first network of marine protected areas (MPAs) in the high seas: The process, the challenges and where next

Marine protected areas (MPAs) are increasingly being established to protect and rebuild coastal and marine ecosystems. However, while the high seas are increasingly subject to exploitation, globally few MPAs exist in areas beyond national jurisdiction. In 2010 a substantial step forward was made in the protection of high seas ecosystems with 286,200 km² of the North-East Atlantic established as six MPAs. Here a summary is presented of how the world's first network of high seas marine protected areas was created under the OSPAR Convention, the main challenges and a series of key lessons learned, aiming to highlight approaches that also may be effective for similar efforts in the future. It is concluded that the designation of these six MPAs is just the start of the process and to achieve ecological coherence and representativity in the North-East Atlantic, the network will have to be complemented over time by additional MPA sites.     

“两权分离”方法解决海域勘界中的历史遗留问题

“坚持尊重历史,注重现实的原则”是福建省海域勘界的三大总体原则之一．在海域勘界过程中,常出现海域历史归属和现实的海域开发利用不在同一行政区的历史遗留问题,协调好二者的矛盾冲突关系到海域勘界工作的顺利进行．本研究以泉州湾和东山湾的2条海域勘界线的工作实例,就如何利用“管辖权”和“使用权”分离的方法来解决海域勘界管辖中历史遗留的问题进行阐述．     

美国“孤立湿地”保护中的“候鸟规则”及对我国湿地保护的启示

在美国,孤立湿地与可通航水域没有水文联系,被认为不属于《清洁水法》中的“水域”,联邦无权管辖。为此,陆军工程兵团制定“候鸟规则”,作为对孤立湿地行使管辖权的依据。美国“孤立湿地”保护中的“候鸟规则”对我国的启示在于:(1)应从水文学角度界定孤立湿地,孤立湿地是指与其它水体缺乏联系、相对孤立的湿地,这更符合我国湿地政策的现状;(2)人工“孤立湿地”受保护,除了需满足一定的水文条件,还须是野生动物事实上的栖息地,不应限于建立“栖息地档案”意义下的野生动物栖息地或纳入野生动物重要栖息地名录的栖息地;(3)孤立的人工湿地如果是国家重点保护野生动物栖息地,其管辖权应由中央行使;(4)国家重点保护野生动物栖息地外的其他孤立湿地,面积达到35 hm2以上,也应由中央管辖。     

Marine genetic resources: A review of scientific and commercial interest

Marine genetic resources both within and beyond national jurisdiction have been the focus of international negotiations in a range of forums in recent years. One recurrent theme throughout these discussions has been the absence of detailed information upon which policy responses to the emerging issue of the conservation and sustainable use of marine genetic resources (especially in areas beyond national jurisdiction) could be based. In an effort to address some of these knowledge gaps, this article examines the level and nature of scientific and commercial interest in marine genetic resources, including in areas beyond national jurisdiction. It also examines the changing perspectives of the scientific community in relation to the potential of marine genetic resources.     

An ocean of surprises – Trends in human use,unexpected dynamics and governance challenges in areas beyond national jurisdiction

The expanse of ocean which makes up all marine areas beyond national jurisdiction has been characterized as the last frontier of exploitation on the planet, a figurative final “Wild West”. Existing users of areas beyond national jurisdiction, with the exception of fisheries, currently have a limited footprint there as a consequence, in part, of substantial hurdles in technological development that need to be overcome before many resources can be extracted at a commercially viable scale. However, we argue surprise shifts perpetuated by both established and emerging users could lead to an expansion in actors taking opportunities to chase lucrative resources that they are currently constrained from exploiting. Rapid development could also lead to a “crowded ocean” due to the multiplication of users which could present a problem given the current lack of a unified institutional framework for governance connecting the different user groups. Here, we have collated trends in human use of areas beyond national jurisdiction and offer a framework for, and examples of, unexpected dynamics relevant to living and non-living marine resources. Such an approach is necessary in order to begin to mobilize an adequate governance response to changing conditions and uses of areas beyond national jurisdiction. This governance response must be able to govern established or potential users, be flexible and adaptive in response to unexpected and unpredictable dynamics and be able to transform in the face of unpredictable future uses of this vast area. Here we present a set of institutional design principles as a first tentative step in this direction.     

A Sustainable Development Goal for the Ocean and Coasts: Global ocean challenges benefit from regional initiatives supporting globally coordinated solutions

The ocean regulates the global climate, provides humans with natural resources such as food, materials, important substances, and energy, and is essential for international trade and recreational and cultural activities. Together with human development and economic growth, free access to, and availability of, ocean resources and services have exerted strong pressure on marine systems, ranging from overfishing, increasing resource extraction, and alteration of coastal zones to various types of thoughtless pollution. International cooperation and effective governance are required to protect the marine environment and promote the sustainable use of marine resources in such a way that due account can be taken of the environmental values of current generations and the needs of future generations. The high seas deserve particular attention since they suffer from a number of regulatory shortcomings due to the basic structures set out under international law. Against this backdrop, developing and agreeing on a focussed Sustainable Development Goal (SDG) specifically for the Ocean and Coasts could prove to be an essential element to provide guidance and a framework for regional implementation agreements.