Unep Kannet 2009

International Environmental Law-making and Diplomacy Review 2008 Ed Couzens and Tuula Honkonen (editors) UNIVERSITY OF JOENSUU – UNEP COURSE SERIES 8 University of Joensuu Joensuu, Finland, 2009 i University of Joensuu – UNEP Course Series 8 Publisher University of Joensuu Department of Law P.O.Box 111, FIN-80101 JOENSUU, FINLAND Editors Ed Couzens and Tuula Honkonen Editorial Marko Berglund, Michael Kidd, Tuomas Kuokkanen, Board Elizabeth Maruma Mrema, Akpezi Ogbuigwe, Barbara Ruis Contact Joensuu University Library/Sales of Publications P.O. Box 107, FIN-80101 JOENSUU, FINLAND Tel.: +358 13 251 2652, +358 13 251 4509 Fax: +358 13 251 2691 E-mail: [email protected] Website: <http://www.joensuu.fi/library> United Nations Environment Programme (UNEP) Division of Environmental Policy Implementation (DEPI) P.O. Box 30552, 00100 Nairobi, Kenya E-mail: [email protected] Website: <http://www.unep.org/training> Exchanges Joensuu University Library/Exchanges P.O. Box 107, FIN-80101 JOENSUU, FINLAND Tel.: +358 13 251 2677 Fax: +358 13 251 2691 E-mail: [email protected] ISSN 1795-6706 ISBN 978-952-219-254-7 Cover Leea Wasenius Design Layout Saarijärven Offset Oy Saarijärven Offset Oy Saarijärvi, Finland 2009 ii Contents Foreword......................................................................................................... vi Preface............................................................................................................. vii Part I General Issues of International Environmental Law-making and Governance in Respect of Oceans ............................................................... 1 Legitimacy in International Environmental Law .................................. 3 Tuomas Kuokkanen Fragmentation of International Environmental Law: An Oceans Governance Case Study...................................................... 11 Louis J. Kotzé International Fisheries: An Overview of the International Legal Response ................................ 31. Michael Kidd Part II Specific Governance Issues on the High Seas. ........................................... 39 UNCLOS and the Resources of the Seabed in Areas beyond National Jurisdiction .......................................................................................... 41 Albert Hoffmann Protection of Marine Biodiversity in Areas Beyond National Jurisdiction .......................................................................................... 55 Marko Berglund Marine Genetic Resources on the Deep Seabed: The Continuing Search for a Legally Sound Interpretation of UNCLOS Dire Tladi ............................................................................................ 65 How the Whale Got Its Impasse........................................................... 81 Ed Couzens iii Part III Specific Governance Issues in Regional Seas. ............................................ 89 The Oceanographic Research Institute: Half a Century of Marine Research towards Meeting Challenges in the West Indian Ocean ......... 91 Rudy P. van der Elst NGOs versus European Pirates: Fisheries Agreements, IUU Fishing and the ITLOS in West African Seas.................................................... 107 Cathrine Zengerling The Global Environment Facility: A Brief Introduction to the GEF and Its International Waters Focal Area ............................................................................................ 133 Matti Nummelin Looking South: Antarctic Environmental Governance ......................... 139 Ewan McIvor Transboundary Marine life Issues in the Gulf of Aqaba: a Jordanian Case Study......................................................................... 153 Jarrah AlZu’bi Part IV The Interface between Land and Sea: the Coastal Zone. .......................... 165 Integrated Coastal Management Boundaries and South Africa’s New Integrated Coastal Management Act ............................................ 167 Warren Freedman Drafting Integrated Legislation for the Conservation and Sustainable Use of Marine and Coastal Environments............................................. 187 Robert Wabunoha ‘Living with Coastal Erosion’: Steps That Might Be Taken, Based on the KwaZulu-Natal Best Practice Response Strategy ....................... 219 Tandi Breetzke, Omar Parak, Louis Celliers, Andrew Mather and Darryl Colenbrander Challenges of Policing Ports and Harbours........................................... 229 Robert Mortassagne iv Part V Interactive Exercises .................................................................................... 239 Negotiating Procedures: A Multilateral Simulation Exercise Based on the Compliance Procedure under the 1996 Protocol to the London Convention on the Prevention of Marine Pollution ............................. 241 Cam Carruthers and Marko Berglund Negotiating an Impasse: A Multilateral Simulation Exercise Based on the International Whaling Commission .......................................... 257 Ed Couzens v FOREWORD The papers in the presentReview are based on lectures given during the fifth Univer- sity of Joensuu – UNEP Course on International Environmental Law-making and Diplomacy, which was held from 29 June to 11 July 2008 at the University of KwaZulu-Natal, South Africa. The first two University of Joensuu – UNEP Courses were held in Joensuu in 2004 and 2005; the third was hosted at the Pietermaritzburg campus of the University of KwaZulu-Natal, South Africa; while the fourth returned to Joensuu in 2007. The proceedings of those courses have been published in the previous Course Reviews.1 The aim of the Course is to convey key tools and experiences in the area of international environmental law-making to present and future negotiators of multilateral environmental agreements. In addition, the Course serves as a forum for fostering cooperation between developed and developing country negotiators; and for taking stock of recent developments in the negotiation and implementation of multilateral environmental agreements and diplomatic practices in the field. The ultimate aim of the Course is to improve environmental negotiation capacity and governance world- wide. The Course is an annual event designed to enhance the negotiation skills of government officials who are, or will be, engaged in international environmental negotia- tions. In addition, other stakeholders such as representatives of non-governmental organizations and the private sector may apply and be selected to attend the Course. Researchers and academics in the field are also eligible. Altogether 32 participants from 25 countries, with an equal distribution between the North and South, as well as between genders, participated in the fifth Course. We would like to express our gratitude to all of those who contributed to the suc- cessful outcome of the fifth Course. It gives us great pleasure to recognize that the lectures and presentations given during the Course are now recorded in this Review. We are grateful that the authors were willing to take on an extra burden after the Course by transferring their presentations into paper form; thereby making the Re- view such a useful resource. In addition, we would like to thank Ed Couzens and Tuula Honkonen for skilful and dedicated editing of the Review, and the members of the Editorial Board for providing guidance in the editing process. Professor Perttu Vartiainen Achim Steiner Rector of the University of Joensuu Executive Director of UNEP 1 For electronic versions of the 2004, 2005, 2006 and 2007 Reviews please see the University of Joensuu – UNEP Course on International Law-making and Diplomacy website, <http://www.joensuu.fi/unep/ envlaw>. vi PRE f ACE The lectures of the fifth University of Joensuu – UNEP Course on International Environmental Law-making and Diplomacy, from which most of the papers in the present Review emanate, were delivered by experienced diplomats, government officials and members of academia.1 One of the main purposes of the Course is to take advantage of the practical experiences of experts working in the field of international environmental law-making and diplomacy. Consequently, the papers in this Review and the different approaches taken by the authors reflect the diverse professional backgrounds of the lecturers and resource persons. Overall, the papers in the Review represent various aspects of the broad and complex field of international environmental law-making and diplomacy. The currentReview seeks to provide practical guidance, professional perspective and historical background to practitioners, stakeholders and researchers working in the area of international environmental law-making and diplomacy. The Review high- lights dominating doctrines, approaches and techniques in the field, including international environmental governance, sustainable development, international environmental law-making, environmental education and empowerment, and compliance and enforcement. Additionally, the fifth volume focuses on ‘Oceans’ as a special theme. The first, second and fourth Courses were hosted by the University of Joen- suu, in Joensuu, Finland – an area in which forests and water provide abiding and dominant images. The special themes of the first two Courses were, therefore, ‘Water’ and ‘Forests’. The third Course was hosted by the University of KwaZulu-Natal, on its Pietermaritzburg campus in KwaZulu-Natal, South Africa. KwaZulu-Natal is an extremely biodiversity-rich area, both in natural and cultural terms, and the chosen special theme was therefore

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