Submission of the Global Forum on Oceans, Coasts, and Islands to the UN Ad Hoc Open-Ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction New York, 28 April – 2 May 2008
Global Oceans Conference GOC 2008
This publication provides a summary of: Principal support for the Global Forum's work on Other collaborating organizations include: Centro EPOMEX, Governance of Marine Areas Beyond National Jurisdiction Mexico; Consejo Consultivo del Agua, Mexico; Global Water 1. Strategic Planning Workshop on Global comes from the Nippon Foundation, Japan, with contributions Partnership; IOC Sub-Commission for the Caribbean and Ocean Issues in Marine Areas Beyond from the Government of Singapore, Department of Fisheries Adjacent Regions; Luso-American Development Foundation; National Jurisdiction in the Context of and Oceans, Canada, UNESCO, Gerard J. Mangone Center fro The Nature Conservancy; The World Bank; New Partnership Climate Change, Nice, France, January Marine Policy, University of Delaware, World Ocean Network, for Africa’s Development; Nippon Foundation; Partnerships in 23-25, 2008 NAUSICAA, and the Le Centre de Decouverte du Monde Environmental Management for the Seas of East Asia; Marin, Nice, France. Portuguese Committee for IOC; Secretariat of Environment 2. Co-Chairs’ Report of the Global Forum on and Natural Resources, Mexico; Pacific Islands Applied Principal support for the Global Forum generally comes Oceans, Coasts, and Islands Working Group Geoscience Commission; UNESCO; Government of Vietnam; from the Global Environment Facility (GEF); GEF IW:LEARN; on Governance of Marine Ecosystems and International Coastal and Ocean Organization; Flemish Intergovernmental Oceanographic Commission (IOC), Uses in Areas Beyond National Jurisdiction Government of Belgium; Ministry of Land, Transportation and UNESCO; Gerard J. Mangone Center for Marine Policy, at the 4th Global Conference on Oceans, Maritime Affairs, Korea; Ministry of Marine Affairs and University of Delaware; United Nations Environment Fisheries, Indonesia; Lighthouse Foundation; USAID; United Coasts, and Islands Programme; U.S. National Oceanic and Atmospheric Nations Development Programme; World Bank; IUCN 3. Highlights of the 4th Global Conference on Administration; Department of Fisheries and Oceans, Vietnam; World Ocean Observatory; Ocean Policy Research Canada; and World Ocean Network. Oceans, Coasts, and Islands, Hanoi, Foundation, Japan; and International Ocean Institute. Vietnam, April 7-11, 2008
Submission of the Global Forum on Oceans, Coasts, and Islands to the UN Ad Hoc Open-Ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction
Prepared by Biliana Cicin-Sain, Sivu Maqungo, Salvatore Arico, and Miriam Balgos
April 2008 Table of Contents
1. Foreword ...... iii
2. Strategic Planning Workshop on Global Ocean Issues in Marine Areas Beyond National Jurisdiction in the Context of Climate Change, Nice, France, January 23-25, 2008 ...... 1
3. Co-Chairs’ Report of the Global Forum on Oceans, Coasts, and Islands Working Group on Governance of Marine Ecosystems and Uses in Areas Beyond National Jurisdiction at the 4th Global Conference on Oceans, Coasts, and Islands ...... 11
4. Highlights of the 4th Global Conference on Oceans, Coasts, and Islands, Hanoi, Vietnam, April 7-11, 2008...... 17
5. About the Global Forum ...... 19
ii Foreword
The Global Forum on Oceans, Coasts, and Islands has, since 2005, been engaged in an informal process to bring together major relevant interests to facilitate open and constructive multi-stake- holder policy dialogue to inform and support the formal processes that have been or may be established by the United Nations General Assembly regarding governance of marine areas beyond national jurisdiction. The general intent is to work to clarify the issues, lay out various perspectives, discuss options, and identify possible avenues for consensus-building among disparate interests. This volume brings together the outcomes of several major meetings relevant to the issues under discussion by the UN Ad Hoc Open-Ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction: • Co-Chairs’ Report from the Strategic Planning Workshop on Global Oceans Issues in Marine Areas Beyond National Jurisdiction in the Context of Climate Change, held on January 23-25, 2008, in Nice, France • Co-Chairs’ Report of the Global Forum Working Group on Governance of Marine Ecosystems and Uses in Areas Beyond National Jurisdiction, reporting on the discussions held during the 4th Global Conference on Oceans, Coasts, and Islands: Advancing Ecosystem Management and Integrated Coastal and Ocean Management in the Context of Climate Change, April 7-11, 2008, Hanoi, Vietnam • Overview of the 4th Global Conference on Oceans, Coasts, and Islands: Advancing Ecosystem Management and Integrated Coastal and Ocean Management in the Context of Climate Change, April 7-11, 2008, Hanoi, Vietnam Readers are kindly informed that the next Global Forum workshop on these issues, Policy Analyses and Multistakeholder Policy Dialogues on Governance of Areas Beyond National Jurisdiction: Management Issues and Policy Options, will be held in late Fall 2008 in Singapore, kindly hosted by the Ministry of Foreign Affairs, Government of Singapore. This meeting will examine further the applicable principles, management approaches, capacity building requirements, options for benefit sharing, and interface with intellectual property rights obligations under international law. Readers are kindly invited to join in these efforts as well as to provide comments and suggestions on this work. Biliana Cicin-Sain (Global Forum), Sivu Maqungo (Permanent Mission of South Africa to the United Nations), Salvatore Arico (UNESCO), Miriam Balgos (Global Forum)
iii iv Report from the Strategic Planning Workshop on Global Ocean Issues in Marine Areas Beyond National Jurisdiction in the Context of Climate Change
Nice, France, January 23-25, 2008
Prepared by Workshop Co-Chairs Biliana Cicin-Sain, Global Forum on Oceans, Coasts, and Islands and David Freestone, World Bank
1 Overview Marine areas beyond national jurisdiction--which include more than 60% of the world’s oceans--repre- sent the last and largest global commons on Earth. These areas are highly rich in biological diversity which plays a crucial role in the functioning of marine ecosystems. Scientific evidence is beginning to demonstrate that loss in biodiversity could well lead to significant declines in ecosystem function, and may well threaten the life support systems of the oceans. The impacts of climate change, such as ocean warming and ocean acidification, are likely to produce significant adverse impacts which are not yet fully understood. more formal processes that have been or may be established by These areas, just as areas within national jurisdiction, also host the United Nations General Assembly or other fora regarding a wide variety of important human activities which provide sig- such issues. The Workshop brought together 45 experts from nificant benefits to global, regional, and national economies. governments (developed and developing countries), NGOs, Examples include the maritime transportation industry which international organizations, science, and industry groups (sub- carries 90% of the world’s goods, the submarine cable industry marine cables, fishing, marine transportation), all participating which provides for the vital links that sustain communication in their personal capacity in these informal discussions and fol- among all peoples on earth, the oil and gas industry which pro- lowing the Chatham House rule (See Annex 1 for a list of par- vides essential energy resources, the fishing industry which ticipants). The Workshop participants considered strategic per- contributes to food security and is a source of livelihood for 400 spectives for the next 5-10 years; clarified some issues; laid out million fishers around the world, and the biotechnology indus- various perspectives; developed options; and identified possible try which utilizes the oceans’ biodiversity for a wide array of avenues for consensus-building among disparate interests. important products from cancer drugs to cleaners to beauty This Report aims to reflect the richness and diversity of views supplies. expressed at the Workshop. It is not a consensus document. It The question of governance in areas beyond national jurisdic- should be stressed that not all the participants agreed with all tion (ABNJ) is a major issue which countries will need to points set out here; nevertheless the Workshop discussions address over the next decade. While there has been substantial were most successful in charting some options for advancing progress in recent years in achieving integrated governance of this important issue in the next decade. oceans in areas under national jurisdiction and in regional seas This was the first of a series of three workshops which the areas, governance of ABNJ remains largely sectorally-based, Global Forum will convene in 2008 on this issue. The second fragmented, and inadequate. This means that it is difficult to was held during the 4th Global Conference on Oceans, Coasts, address inter-connected issues (such as the impacts of human and Islands in Hanoi, Vietnam, April 5, 2008 and the third will uses on the environment, multiple-use conflicts among users, be held in Singapore on November 12-14, 2008. and responses to climate change effects) through an integrated and ecosystem-based approach. There are, moreover, signifi- The Workshop was organized by the Global Forum on Oceans, cant differences of opinion among stakeholders regarding what Coasts, and Islands; the Gerard J. Mangone Center for Marine actions need to be taken to improve governance in ABNJ, espe- Policy at the University of Delaware; NAUSICAA, Centre cially regarding the question of distribution of benefits from the National de la Mer, Boulogne-sur-Mer, France; the World uses of biodiversity in these ocean areas. Ocean Network; and Le Centre de Decouverte du Monde Marin, Nice, with principal support from the Nippon The Global Forum on Oceans, Coasts, and Islands and partners Foundation, Japan, and with additional funding support by convened the Strategic Planning Workshop on Global Ocean Canada’s Department of Fisheries and Oceans, and UNESCO. Issues in Marine Areas Beyond National Jurisdiction in the Context of Climate Change on January 23-25, 2008, in Nice, France, Background with the gracious hosting of Nice officials and nongovernmen- tal organizations as a key step in an informal process to bring Since 2001, the Global Forum on Oceans, Coasts, and Islands together major relevant interests to facilitate open and con- has brought together ocean leaders from governments, UN structive multi-stakeholder dialogue to inform and support the agencies, NGOs, the private sector, and science groups from 2 close to 100 countries to advance the global oceans agenda, par- disturbances of the oceans from climate change, as well as the ticularly the implementation of the ocean targets from the associated feedbacks from climate changes that are expected to World Summit on Sustainable Development and addressing exacerbate the forces that are leading to increases in biodiversi- new challenges such as climate change and governance of ty loss in the oceans. A Census of Marine Life participant marine areas beyond national jurisdiction. The Global Forum emphasized the importance of marine biodiversity for ecosystem Working Group on Governance of Areas Beyond National function. Deep-sea ecosystems provide goods (including bio- Jurisdiction was organized in late 2005 to consider the issues mass, bioactive molecules, oil, gas, minerals) and services (cli- related to moving toward integrated ecosystem-based gover- mate regulation, nutrient regeneration and supply to the photic nance in areas beyond national jurisdiction, to contribute to the zone, food); they also have a profound role in global biogeo- discussions of the 3rd Global Conference on Oceans, Coasts, chemical and ecological processes that is essential for the sus- and Islands (held at UNESCO in Paris in January 2006), and to tainable functioning of the biosphere and for human wellbeing. provide input into the discussions of the 2006 UN Ad Hoc Open-ended Informal Working Group to Study Issues relating The reduction of biodiversity may be associated with exponen- to the Conservation and Sustainable Use of Marine Biological tial reductions of ecosystem functions: 20-25% species loss can Diversity beyond Areas of National Jurisdiction (New York, cause a reduction of 50-80% of ecosystem functions. The February 2006). Members of the Global Forum Working Census of Marine Life results thus suggest that the conservation Group are noted in Annex 2. of deep-sea biodiversity can be crucial for the sustainability of the functions of the largest ecosystem of the biosphere.
Major Points Raised at the 3. Current Situation: Sectoral management of different uses Nice Workshop by different global and regional institutions. Workshop discussants spent most of the time discussing: I. The Participants reviewed the current management situation of nature of the issues in marine areas beyond national jurisdic- marine areas beyond national jurisdiction, noting that a variety tion; II. The management of various marine activities in areas of existing uses—such as submarine cables, fisheries, shipping, beyond national jurisdiction; III. The policy and legal issues marine scientific research, oil and gas development, and dump- that are raised; and IV. Issues related to the science/policy inter- ing of wastes and other matter—are managed separately under face, climate change effects. The special issues raised by marine different sectoral regimes by different regional and global insti- genetic resources were also discussed. tutions, with few, if any, connections among them, in most cases. There is also no mechanism for an area-wide environ- I. The Nature of the Issues in Marine Areas mental review process of the effects of one use on other uses beyond National Jurisdiction and on the environment. Participants also underlined that the economic and social val- 1. A sense of urgency – ues and perspectives on future problems/opportunities by var- Participants recognized that there is a need to accelerate the ious ocean industries have not been well documented and implementation of ecosystem-based integrated management in aggregated, and that a study on these questions would be very areas beyond national jurisdiction. However, they recognized useful. as well that the issues are thorny, that there are significant dif- 4. Emerging uses are not yet adequately managed and there ferences on some of these issues among developed/developing are important legal/policy gaps. countries, industry, and environmental NGOs, as well as uncer- Participants considered emerging uses of areas beyond nation- tainty. Formal changes to the regime governing areas beyond al jurisdiction such as: bio-prospecting for marine genetic national jurisdiction may take time to sort out (for example, the resources, carbon storage and sequestration; iron fertilization; Law of the Sea discussions spanned the period 1967 to 1994, mariculture facilities; floating energy facilities. The view was with the actual negotiations taking place over a nine year peri- od (1973-1982). However, there is much that can and should expressed that, apart from seabed mineral exploration and be done in the near and medium term. exploitation (managed by the International Seabed Authority), there are inadequate management frameworks and environ- 2. Three forcing functions – mental review processes for such uses in ABNJ, and that if such activities are to go forward, appropriate regulatory policy Participants identified three forcing functions that catalyze the need for improved governance: 1) the effects of uses on marine and legal frameworks would need to be articulated. biodiversity and the marine environment; 2) effects of uses on one another (multiple use conflicts); and 3) the effects of the 3 II. The Policy and Legal Issues that are Raised • Application of a transparent, science-driven approach to sustainable use of the oceans 5. What is needed in moving toward ecosystem-based • Precautionary approach integrated management in areas beyond • Integrated ecosystem approach national jurisdiction? • Integrated management for multiple uses Participants underscored that there is much experience in how • Responsibility of States for actions of nationals, e.g., to move toward ecosystem-based integrated management at breaches of international law national levels and at regional levels and that much can be learned from examining these experiences. Ecosystem-based While such principles are well accepted internationally, some integrated ocean and coastal management is well rooted in participants considered that it may be useful to review these international instruments adopted at various fora, starting with principles and to consider the promotion of a UNGA resolution Agenda 21 at the 1992 UN Conference on Environment and to set out these established principles and to confirm their Development (UNCED) and continuing with the Plan of applicability to areas beyond national jurisdiction. Implementation of the 2002 World Summit on Sustainable In respect to the specific issue of marine genetic resources in Development (WSSD) and related instruments. At the nation- ABNJ, however, there were significant different views among al level, about 40 nations (incorporating about three-quarters of participants on the principles and institutions that were appli- the world’s Exclusive Economic Zones) have moved toward cable. These ranged from the application of the principle of integrated ecosystem-based management by establishing “common heritage of mankind,” to that of “freedom of the national ocean policies. At the regional trans-boundary level, seas.” Some proposed the designation of marine areas beyond the application of ecosystem-based and integrated management national jurisdiction as “areas of common concern.” has taken place, to varying degrees, in the 16 Large Marine Ecosystems supported by the Global Environment Facility and There was also discussion about the usefulness of examining in the 18 Regional Seas Programmes. modes of benefit sharing which has been developed in other areas, such as marine scientific research, ocean mining (under In general, some commonalities in moving toward ecosystem- the International Seabed Authority), the Convention on based and integrated management at both national and region- Biological Diversity, and the collection of material and docu- al levels are: mentation of case studies on as wide a range of experiences as 1. Enunciation and application of governing principles possible, so as to inform future debates on the management of 2. Development of capacity for area-based assessment, plan- marine genetic resources in ABNJ. ning, and ultimately decision-making 7. Capacity for area-based assessment, planning, ultimately 3. Development of institutional capacity for addressing decision-making interactions among uses and their effects on biodiversity and the environment Capacity for area-based assessment and planning in areas beyond national jurisdiction is, at present, quite limited. There 4. Development of capacity for enforcement are some informal efforts at assessment, such as the Census of 5. Funding to support the management interventions. Marine Life. The “Assessment of Assessments” - the preparato- ry stage of a regular process for global reporting and assessment 6. Principles. There are already well-accepted established of the state of the marine environment - may ultimately provide principles of modern ocean governance (rooted in the adequate area-based information. There is, however, little Law of the Sea, Agenda 21 and the WSSD POI and other capacity to assess and respond, in particular, to the effects of cli- related instruments) which apply to marine areas beyond mate change. national jurisdiction. However, there are some important gaps and differences of opinion in some areas. 8. Institutional capacity for addressing interactions among Participants noted that there are major international law princi- uses and their combined/cumulative effects on biodiversity ples that are well accepted that apply to marine areas beyond and the environment national jurisdiction. These would include the following: This area is especially ill-developed in relation to areas beyond • Conditional freedom of activity on high seas national jurisdiction. There is a need to develop more sophis- • Obligation to protect and preserve the marine ticated mechanisms for addressing interactions among uses and environment their effects on biodiversity and the environment, as well as their combined and cumulative impacts. Some participants
4 underscored the need for the establishment of a cross-sectoral 10. There is no readily available funding for management of environmental review process. It was recognized that this is an marine areas beyond national jurisdiction issue that is on the agenda for the UN Ad Hoc Working Group. Participants discussed the fact that there is no readily available Figure 1 below shows a variety of options that various partici- funding to support management of marine areas beyond pants proposed for enhancing cross-sectoral institutional national jurisdiction. In the future, alternative funding capacity. The options range from “least action” on the left side arrangements might be found, for example, by changes to the of the continuum to “most action” on the right side of the con- Global Environment Facility to allow for funding of manage- tinuum. For example, on the “least action” side, the options ment of these areas of common concern, or the establishment include the strengthening of existing sectoral authorities and of special trust funds for these areas. use of codes of conduct. In the middle of the continuum are options such as introducing some form of cross-sectoral coor- 11. Options for moving forward to improve the international dination, for example a regular meeting (or council) of the sec- legal and policy framework toral authorities, or area-wide environmental review. Existing Participants discussed a wide range of possibilities for improv- institutional frameworks such as UNICPOLOS or UN-Oceans ing the legal and policy framework to achieve ecosystem-based might possibly be adapted to play such a role. On the “most integrated governance of marine areas beyond national jurisdic- action” end of the continuum, options include, for example, tion. These are noted below. There was no attempt to evaluate expansion of the mandate of the International Seabed Authority the desirability and pros and cons of each option—this ques- (toward a multiple use mandate), establishment of a tion awaits further study. Stewardship Council to govern areas beyond national jurisdic- tion, and use of the UN Trusteeship Council. Options • Enhanced implementation of existing international Figure 1. Continuum of Institutional Capacity instruments and their scope of application • Voluntary codes of conduct • More effective implementation, strengthening of, or extending, mandates of existing institutions such as Regional Fisheries Management Organizations (RFMOs) and Regional Seas Programmes (RSPs) • Forming new regional institutions as required • A new Global Programme of Action on biodiversity in areas beyond national jurisdiction • A new implementing agreement to United Nations Convention on the Law of the Sea (UNCLOS) in relation to activities in marine areas beyond national jurisdiction; • An amendment to UNCLOS • A Protocol to the Convention on Biological Diversity (CBD) The major intent of these discussions was to conceptually iden- • Other possible approaches to be determined tify the wide range of options available to improve governance Reservations were raised as to the practicality and/or feasibility of marine areas beyond national jurisdiction. It should be of some of these options. stressed that time did not permit a detailed evaluation of each or combinations of these options—such evaluation would be 12. Stakeholder involvement dependent on future studies and analyses. With various industries and NGOs present, participants had the opportunity to compare and contrast different modes of stake- 9. Enforcement capacity is limited to single sector uses holder involvement in different fora (United Nations Regarding enforcement capacity, there is potential enforcement Convention on the Law of the Sea, Food and Agriculture capacity related to single sectors (such as, for example, ship- Organization, International Maritime Organization). ping or fishing) but far less or no enforcement capacity related to area-wide cross-sectoral issues. 5 Participants took the view that there is a need to develop a good discuss how to improve the integration of their data process for stakeholder involvement in the process of moving with ocean science data forward toward more integrated governance of marine areas • Together with representatives from the science beyond national jurisdiction—e.g., in identifying the issues; in community (e.g., Census of Marine Life), develop a discussions of the needs and perspectives of various stakehold- marine policy-science roundtable that could support the ers; in identifying and assessing options, etc. institutionalization of continued data collection on areas beyond national jurisdiction III. Issues Related to the Science/Policy Interface, • Ensure that knowledge needs and science-policy Climate Change Effects, and Special Issues interface, including access to integrated analysis, are Raised by Marine Genetic Resources developed to support any new arrangements for marine areas beyond national jurisdiction 13. Knowledge Needs and Science/Policy Interface Participants discussed the fact that the development of an effec- 14. Climate Change Issues tive framework for the governance of marine areas beyond Participants discussed climate change issues, focusing especial- national jurisdiction needs to be based on the best available, ly on uncertainties surrounding climate change and the appar- robust, peer-reviewed science and ongoing ocean monitoring ent lack of preparedness in addressing the policy implications efforts. The following needs were regarded as particularly of the effects of ocean changes on climatology and of changes important: in the oceans due to climate change, e.g., ocean warming, ocean • Maintain and strengthen continuous monitoring and acidification, changes in ocean currents, changes in polar observation of the oceans regions, etc. Participants underscored the need for adaptable • Increase understanding of deep sea ecosystems and and responsive governance mechanisms and management biodiversity measures in place to maintain, or restore, the resilience of ocean ecosystems to adapt to the impacts of climate change. Major • Improve effectiveness and coherence of science-policy points discussed are noted below: interface • Address information gaps on the relationship between • Integrate industry experience into the knowledge base climate change and the oceans, especially the understand- • Ensure consideration of robust, sound, peer-reviewed ing of the impacts of climate change on the oceans science during the policy-making process (and vice versa) Participants discussed some options for moving forward on • Develop mitigation measures for reducing the impacts of these issues. These included the following: climate change on the oceans • Develop a statement stressing the importance of ongoing • Increase political awareness of the role of oceans in and continued scientific research in marine areas beyond climate change at the global, regional, and national levels national jurisdiction and raise the visibility of the concerns • Develop a statement on the need to internalize the • Establish an integrated, scientific assessment of the ecosystem services provided by the oceans to the econo- potential and cumulative impacts of all human activities my through, for example, an ecological economics model impacting the oceans, e.g. fishing, pollution, seabed • Continue support for the Census of Marine Life, the mining and impacts of climate change Assessment of Assessments and similar approaches to • Generate scientifically-robust and sound information on data collection, banking and sharing of information the relationship between climate change and the oceans • Improve knowledge of deep sea ecosystems, uses, (and vice versa) for planning and management purposes threats and impacts • Maintain and expand open ocean observations, including • Develop capacity for integrated data and analysis oceanographic processes and weather observations to cat- • Carry out a study of socio-economic values of ocean alogue changes, including occurrences of extreme weath- industries and contributions to the global economy, er events related to climate change and of industry perspectives on future opportunities/- • Seek UNGA support for a high-level scientific panel to constraints develop a Report on the relationship between oceans and • Include industry knowledge to ensure a whole-system climate change approach, e.g. initiate a dialogue with industry, including • Develop mitigation and adaptation measures to address fisheries, submarine cables, biotech, and shipping, to the impacts of climate change on ocean ecosystems, 6 including the biogeochemical cycles (carbon, oxygen, and nutrients) • Assess technical feasibility and encourage/conduct environmental impact analysis of the emerging uses of the deep ocean: CO2 sequestration, carbon storage, ocean fertilization, and other mitigation measures • Trace the distribution and range expansion of organisms transmitting diseases, invasive species, red tides and other harmful algal blooms and the potential impact on global ocean health, human health, and ecosystem services • Enhance/Increase efforts to maintain or restore the productivity, biodiversity, and resilience of ocean ecosys- tems in view of their increasing overall vulnerability to the impacts of climate change and their importance in Suggested actions included the following: providing for ecosystem balance, ecosystem services A viable subset of total marine genetic resources in marine areas and food security beyond national jurisdiction should be surveyed, catalogued, Participants also outlined possible next steps to address the mapped, protected and sustainably managed under an effective climate/oceans issues: and collaborative governance regime so as to meet development • Observations should continue, providing the basis for and environmental needs of present and future generations. understanding the parameters of climate change and Some participants underscored the fact that conservation, man- cause and effect (for example, sea temperature changes, agement, and sustainable use of living marine resources in areas current flow patterns, marine food webs, and distribution beyond national jurisdiction is needed to contribute to the of plankton, pelagic fish and other pelagic megafauna) achievement of the Millennium Development Goals. • Initiate a dialogue to further collaboration and strengthen partnerships between the oceans community, the IPCC Participants identified a variety of options for considering the and the WMO special issues involved in the management of marine genetic • Collaborate and coordinate with all fora dealing with resources, however there was not time for a detailed evaluation climate change, including UNFCCC and IFC, to ensure of the practicability and/or feasibility of each: ocean issues are on the agenda at the 2009 climate • Identify: a) potential benefits from research and commer- change negotiations cialization of marine genetic resources in areas beyond • Produce and maintain a database on existing and national jurisdiction; b) options for benefit sharing, emerging mitigation and adaptation strategies addressing including learning from case studies on best practices; c) the impacts of climate change modalities for promoting equitable use • Conduct an analysis of implications of climate change • Promote continued and focused marine scientific research on global ocean health and ecosystem services • Identify means of data banking, knowledge management and sharing: the biotech industry should provide infor- 15. Special Issues Related to Marine Genetic Resources mation on where the samples of organisms identified to Participants discussed a possible future vision related to these be of medicinal, industrial, other value, have been collect- important ocean resources. It was emphasized that this issue is ed, for management and conservation purposes complex involving several different legal frameworks and • Involve the biotech industry in the planning process engendering significant debate. It was recognized that there is a • Facilitate government-to-government discussions, espe- lack of understanding of the extent, nature, location and vul- cially between developed and developing nations nerability of marine genetic resources (MGRs) due to their • Identify and assess management options, which are diversity, and that there are complex issues concerned with potentially applicable in addressing the threats to marine ABNJ including controversial legal and policy issues. It was genetic resources, including codes of conduct, permits noted that there are also accessible MGRs in areas within and environmental impact assessment, area-based man- national jurisdiction that are not being fully exploited. There agement, and ecosystem-based management, for adoption was recognition that, given the nature of these issues, ongoing across sectors and regions debate and dialogue is crucial. 7 Participants Workshop Co-Chairs: Biliana Cicin-Sain, Co-Chair and Head of Secretariat, Global Forum on Oceans, Coasts, and Islands, and University of Delaware (Project Director) David Freestone, Senior Adviser, Legal Vice Presidency, World Bank (also Editor, International Journal of Marine and Coastal Law) Facilitators: Salvatore Arico, UNESCO Ecological Sciences and Global Forum Expert Working Group on Governance of Marine • Conduct economic analysis; analysis of comparative Areas Beyond National Jurisdiction Co-Chair advantage Miriam Balgos, Global Forum on Oceans, Coasts, and Islands • Form partnerships and formal agreements of collabora- (Project Coordinator) tion, including MOUs Marjo Vierros, United Nations University–Institute of IV. Next Steps in the Global Forum’s Work on Advanced Studies Improving Governance of Marine Areas Beyond Rapporteurs: National Jurisdiction Caitlin Snyder, Global Forum on Oceans, Coasts, and Islands Participants discussed and identified the following next steps in Kateryna Wowk, Global Forum on Oceans, Coasts, and the Global Forum’s informal process to support the formal Islands processes that have been established or will be established by Jordan Diamond, Boalt Hall School of Law, University of the United Nations to consider the issues of governing marine California, Berkeley areas beyond national jurisdiction. Again lack of time prevent- ed a detailed evaluation of each of these options: Participants from Governments: • Provide an overview of the governance issues and options Lori Ridgeway, Department of Fisheries and Oceans, Canada, in marine areas beyond national jurisdiction (analyze and Co-Chair of the UN Open-ended Informal Consultative costs/benefits of options, and their administrative and Process on Oceans and the Law of the Sea, Department of political feasibility) Fisheries and Oceans, Canada • Solicit multi-stakeholder perspectives on the issues Jennifer Mooney, Department of Fisheries and Oceans, • Provide an overview of the range of modes of benefit Canada sharing Fuensanta Candela Castillo, Acting Head of Unit • Initiate an ongoing process to facilitate dialogue among International Policy and Law of the Sea, European the key stakeholders, including developed and develop- Commission ing countries, on the more contentious issues in the gov- Daniela Chitu, Maritime Affairs Coordinator, European ernance of marine areas beyond national jurisdiction Commission • Act globally to raise awareness about issues of lack of Mary Seet-Cheng, Ambassador of Singapore to Panama jurisdiction over one half of the planet’s surface in view of its importance for the future of humankind. Christian Estrosi, President, Departement des Alpes Maritimes, and Minister of Overseas Territories, France Annex 1 Sivu Maqungo, Minister Counsellor, Legal Expert on Oceans and Law of the Sea, Permanent Mission of South Africa to the Strategic Planning Workshop on Global Ocean Issues in United Nations Marine Areas Beyond National Jurisdiction in the Context of Climate Change Jean-Louis Bissuel, Director of Maritime Affairs, Principality of Monaco Nice, France, January 23-25, 2008
8 Anne Medecin, Chef de Division, Direction des Affaires Dong-Sung Kim, Korean Ocean Research and Development Internationales, Principality of Monaco Institute, Korea Patrick Van Klaveren, Ministre Conseiller, Délégué Permanent Gunnar Kullenberg, Independent Consultant, former Executive auprès des organismes internationaux à caractère scientifique, Secretary, Intergovernmental Oceanographic Commission, UNESCO environnemental et humanitaire, Principality of Monaco Marjo Vierros, United Nations University–Institute of Advanced Studies, Yokohama, former Programme Officer for marine biodiver- Norma Taylor Roberts, Director, International Organizations sity, Convention on Biological Diversity Department, Ministry of Foreign Affairs, Jamaica, Former Coordinator for G-77 Miriam Balgos, Global Forum and University of Delaware (Project Coordinator) Porfirio Alvarez-Torres, Director for Regional Integration, Annick de Marffy, International consultant and former Director, Ministry of Environment and Natural Resources, SEMARNAT UNDOALOS Participants from Intergovernmental Philippe Vallette, World Ocean Network and NAUSICAA, France Organizations Matt Gianni, Deep Sea Conservation Coalition Vladimir Golitsyn, Professor, Moscow State University of Gabriele Goettsche-Wanli, Principal Ocean Affairs and the Law of International Relations, former Director, UN Division for Ocean the Sea Officer, UN Division for Ocean Affairs and the Law of the Affairs and the Law of the Sea Sea Roberto Danovaro, Census of Marine Life, Italy Jean-François Pulvenis de Séligny-Maurel, Director, Fisheries and Aquaculture Economics and Policy Division, Food and Agriculture Alain Piquemal, Director of the Law of the Sea and Marine Organization Activities Centre (CERDAME), University of Nice David Freestone, Senior Adviser, Legal Vice Presidency, World Bank (also Editor, International Journal of Marine and Coastal Law) Participants from Foundations Patricio Bernal, Executive Secretary, Intergovernmental Jens Ambsdorf, Lighthouse Foundation, Germany Oceanographic Commission, UNESCO Philippe Mondielli, Scientific Director, Fondation Prince Salvatore Arico, Programme Specialist, UNESCO Ecological Albert II De Monaco Sciences (Global Forum Expert Working Group Co-Chair) Jihyun Lee, Environmental Affairs Officer for Marine and Coastal Annex 2 Biodiversity, Secretariat of the Convention on Biological Diversity Francois Bailet, UN Division of Ocean Affairs and Law of the Sea Members – Global Forum Expert Working Group on Governance of Marine Areas Beyond National Participants from Industry Jurisdiction Stetson Tinkham, International Coalition of Fishing Organizations Erik Ranheim, Manager, Research and Project Section, INTER- Co-Chairs TANKO Salvatore Arico, Programme Specialist for Biodiversity, Mick Green, Chairman, International Cable Protection Committee Division of Ecological and Earth Sciences, UNESCO (ICPC) Sivu Maqungo, Minister-Counsellor, Permanent Mission of Douglas R. Burnett, International Cable Law Advisor, International South Africa to the United Nations Cable Protection Committee (ICPC) Working Group Members Participants from Academia/NGOs Frida Armas-Pfirter, Austral University, Argentina Biliana Cicin-Sain, Global Forum on Oceans, Coasts, and Islands, and Director, Gerard J. Mangone Center for Marine Policy, Miriam Balgos, Global Forum on Oceans, Coasts, and Islands University of Delaware (Project Director) Awni Behnam, International Ocean Institute Richard Chemla, Le Centre de Decouverte du Monde Marin, Nice Thia-Eng Chua, Partnerships in Environmental Management Kristina Gjerde, High Seas Policy Advisor, IUCN in the Seas of East Asia (PEMSEA) Lucien Chabason, Institute for Sustainable Development and Biliana Cicin-Sain, Global Forum on Oceans, Coasts, International Relations (IDDRI), Paris and Islands
9 Bruno Corréard, Independent Consultant and Responsible Tullio Scovazzi, University of Milano-Bicocca Fishing Alliance Norma Taylor Roberts, Ministry of Foreign Affairs, Jamaica John Dolan, Ocean Policy Research Foundation, Japan Hiroshi Terashima, Ocean Policy Research Foundation, Japan David Freestone, World Bank Chris Tompkins, Department for Environment, Food, and Anne Frenette, Department of Fisheries and Oceans, Canada Rural Affairs, UK Serge Garcia, formerly with Food and Agriculture Philippe Vallette, NAUSICAA, France Organization (FAO) Monica Verbeek, Seas at Risk Valentina Germani, UN Division for Ocean Affairs and the Marjo Vierros, United Nations University – Institute for Law of the Sea (UNDOALOS) Advanced Studies Matthew Gianni, Deep Sea Conservation Coalition Kristina Gjerde, The World Conservation Union (IUCN) Annex 3 Lyle Glowka, Convention on Biological Diversity (CBD) Vladimir Golitsyn, Professor of International Law Moscow Strategic Planning Workshop on Global Ocean State University of International Relations (MGIMO- Issues in Marine Areas Beyond National University) Jurisdiction in the Context of Climate Change Barbara Hanchard, Pacific Islands Forum Fisheries Agency Nice, France, January 23-25, 2008 Arlo Hemphill, Great Wilderness Key Sources of Information Paul Holthus, formerly with Marine Aquarium Council Workshop Program and Participants: Elie Jarmache, Prime Minister's Office, France http://www.globaloceans.org/highseas/pdf/NiceWorkshopProgr Sam Johnston, Institute of Advanced Studies, United Nations am-ListOfParticipants.pdf University (UNU-IAS) Kim Juniper, University of Victoria Workshop Briefing Volume on Key Information Sources: http://www.globaloceans.org/highseas/pdf/NiceWorkshopBriefi Lee Kimball, formerly with The World Conservation Union ngVolume.pdf (IUCN) Gunnar Kullenberg, Independent Consultant, former Executive Director, International Ocean Institute Jihyun Lee, CBD Secretariat Rebecca Lent, NOAA Fisheries International Office Eric Mathur, Synthetic Genomics, Inc. Jennifer Mooney, Department of Fisheries and Oceans, Canada Akari Nakajima, Ocean Policy Research Foundation, Japan Daniel Owen, Fenners Chambers, United Kingdom Rosemary Rayfuse, University of New South Wales John Richardson, European Commission Lori Ridgeway, Department of Fisheries and Oceans, Canada Julien Rochette, High Seas Governance, IDDRI Karen Sack, Greenpeace International Charlotte Salpin, UN Division for Ocean Affairs and the Law of the Sea (UNDOALOS) Renée Sauvé, Department of Fisheries and Oceans, Canada
10 CO-CHAIRS’ REPORT OF THE GLOBAL FORUM ON OCEANS, COASTS, AND ISLANDS Working Group on Governance of Marine Ecosystems and Uses in Areas Beyond the Lmits of National Jurisdiction at the 4th Global Conference on Oceans, Coasts, and Islands
April 7-11, 2008, Hanoi, Vietnam
Salvatore Arico, UNESCO, and Sivu Maqungo, Permanent Mission of South Africa to the United Nations
11 I. Background and Objectives The Working Group, in conformity with the spirit of the Global Forum, is not a negotiating setting but rather an informal The Global Forum on Oceans, Coasts, and Islands Working forum, at which scholars, expert practitioners and actors from Group on Governance of Marine Ecosystems and Uses in Areas various sectors of society gather in order to exchange informa- Beyond the Limits of National Jurisdiction had the opportunity tion, views and collectively make progress towards the identifi- to meet throughout the 4th Global Conference on Oceans, cation of possible approaches and solutions to solving problems Coasts, and Islands. and tackling issues of common interest. Pre-conference meetings were held with the members of the The Working Group on Governance of Marine Ecosystems and Working Group in the form of two conference calls in Uses in Areas Beyond the Limits of National Jurisdiction gath- December 2007 and March 2008. A Strategic Planning ered at the 4th Global Conference on Oceans, Coasts, and Workshop on Global Oceans Issues in Marine Areas Beyond Islands with the goal to assist with the process of collecting rel- National Jurisdiction in the Context of Climate Change took evant information that may provide a valuable contribution to place in Nice, France in January 2008 under the co-sponsorship the second meeting of the United Nations General Assembly Ad of the Global Forum and the Nippon Foundation. A pre- Hoc Open-ended Informal Working Group to study issues relat- Conference workshop was organized on April 5, followed by ing to the conservation and sustainable use of marine biologi- another pre-Conference session on April 6. During the cal diversity beyond areas of national jurisdiction (New York, Conference, a Concurrent Discussion Session was held on April 28 April – 2 May 2008). 9 and a Plenary Panel on Thursday 10. More specifically, the objectives of the work of the Working The Working Group consists of fifty plus members. Many of Group at the Hanoi Conference were: these participated actively in the Working Group both prior to • to hold focused discussions on a continuum of coherent and at the Hanoi Conference. Moreover, the Working Group policy options from sectoral solutions to cross-sectoral benefited from inputs from many non-members of the Working global solutions; and Group at the Nice Workshop and during the Hanoi Conference. • to discuss next steps needed for developing and applying In Hanoi, the Working Group benefited from a number of a set of evaluative criteria to examine each option in the expert presentations, spanning from governance-related issues continuum (e.g. to what extent would the conservation to the contribution of oceans to the life-support system, includ- and sustainable use goals be achieved, responses to cli- ing climate change issues, information on access and benefit- mate change be effective, ocean uses be allowed, the insti- sharing, the application of the ecosystem approach, issues relat- tutional and administrative feasibility of individual meas- ed to flag states, and marine genetic resources. Moreover, par- ures, their political feasibility, etc.). ticipants in the various Working Group sessions were encour- aged to present information and views beyond the official pre- The Working Group focused its work on the main theme of the sentations at Hanoi, and indeed a number of individuals pre- 4th Global Conference on Oceans, Coasts, and Islands, namely sented information and views that greatly contributed to and “Advancing Ecosystem Management and Integrated Coastal informed the discussions by the Working Group. and Ocean Management in the Context of Climate Change.” We trust that the process of participating in the presentations, This document provides a summary of the Co-chairs under- discussions, and deliberations of the Working Group was both standing of the various information and views exchanged and participatory and representative of the aspirations and views of of the outcomes of the work by members and non-members of all individuals involved. Because of the Working Group’s open- the Working Group on issues related to marine areas beyond ended and multistakeholder nature, we believe that its views national jurisdiction, in preparation for the second meeting of reflect the palette of issues and perspectives related to gover- the United Nations General Assembly Ad Hoc Open-ended nance of marine ecosystems and uses in areas beyond the lim- Informal Working Group to study issues relating to the conser- its of national jurisdiction currently being discussed at the vation and sustainable use of marine biological diversity international level. beyond areas of national jurisdiction. The Working Group discussions were characterized by a sense II. Summary of Main Outcomes of the of urgency as well as by the realization that these issues are complex, often interrelated and cannot therefore be tackled in Working Group’s Activities a simplistic manner. It is therefore important to be realistic and In order to facilitate their possible consideration by the United build on solutions that can work for each of these issues, while Nations General Assembly Ad Hoc Open-ended Informal also maintaining a holistic and long-term perspective. Working Group to study issues relating to the conservation and 12 chemical conditions and changes in biodiversity and ecosystem structure and functioning. Moreover, there are further possible irreversible changes resulting in a new climate equilibrium, namely those affecting ocean circulation such as in the case of the North Atlantic circulation and in the case of El Niño events. These altered conditions directly impact on biodiversity, nega- tively affect fishing productivity, impact on the hydrological cycle, water availability, food productivity, energy security and health. There is uncertainty as to the impact of new uses of the oceans such as carbon sequestration and ocean fertilization and how they may affect the ocean equilibrium and its resilience as a system and therefore its vulnerability. Marine areas beyond national jurisdiction contribute carbon regulation and other important services, the values of which should be taken into account when making decisions related to these areas. sustainable use of marine biological diversity beyond areas of national jurisdiction at its second meeting, the summary of the Solutions: There are ways for addressing the human impacts main outcomes of our work is structured consistently with the on oceans, including in marine areas beyond national jurisdic- agenda of the United Nations General Assembly Ad Hoc Open- tion. Scientific research and ensuing increased knowledge is a ended Informal Working Group. For clarity of presentation, the key approach to addressing the sense of urgency surrounding outcomes of the Working Group discussions are organized the combined impacts of existing traditional with new ocean according to statements, their underlying rationale and solutions. uses by humans. International scientific cooperation and sys- tematic observations and forecasting on the role of the oceans a) The environmental impacts of anthropogenic activities on in mitigating climate change and in assessing the impacts of cli- marine biological diversity beyond areas of national jurisdic- mate change and other manifestations of global change on the tion oceans and their biodiversity will remain key tools for organiz- ing international action aimed at increasing our knowledge of Statement: There is a need for urgency to achieve effective human impacts in marine areas beyond national jurisdiction, ocean management within and across areas beyond national due to the remoteness, vastness and the technological and jurisdiction, as well as in areas within national jurisdiction and financial difficulties related to the exploration of these areas. continuously throughout the two, in view of strong evidence of Examples of regional bodies dealing with integrated science threats to our life-supporting system and security due to extra (ecosystem, biodiversity and climate science) are the vulnerabilities of ecosystems caused by climate change and the International Council for the Exploration of the Sea (ICES) and spillovers into broader ecosystem functions from current uses the North Pacific Marine Science Organization (PICES), and of resources in these areas. In this context, there is a need to these should be replicated. Moreover, there is a need to trans- ensure mechanisms to cooperate for generating the knowledge late relevant scientific knowledge into language that is accessi- needed for adequate management of marine areas beyond ble by those who are required to make informed decisions and, national jurisdiction. more generally, for information-based decision-making. In Rationale: Recent scientific findings demonstrating this sense turn, scientists must also take into account policy demands and of urgency include work by the Intergovernmental Panel on requirements. There is a need to capitalize upon the beneficial Climate Change (IPCC) on the risks posed by climate change contribution of scientific assessments to policy-making in rela- in terms of disrupting the structure and functionality of ocean tion to marine areas beyond national jurisdiction. Such inte- systems. Moreover, there is evidence that the combined impacts grated scientific assessments would encompass both natural of climate change, pollution, overexploitation of living and social sciences and should be linked with policy frame- resources, destructive fishing practices, introduction of alien works and processes, for example through the model of an species and harmful effects of the exploration and exploitation intergovernmental panel. The ‘Assessment of Assessments’, the of non-living resources imply that the major ocean systems are preparatory stage of which aims towards the establishment of a affected by environmental impacts arising from traditional uses regular process for global reporting and assessment of the state of the oceans. These impacts manifest themselves, inter alia, of the marine environment, including socio-economic aspects, through changes in sea-surface temperatures due to heat-ener- is scheduled for completion in 2009, and the results of which gy increase, increased frequency and intensity of extreme will be presented to the to the United Nations General weather patterns, eutrophication due to the alteration of geo- Assembly. These results will provide the basis on which the 13 memoranda of understanding to achieve better institutional cooperation when the respective responsibilities they have been mandated to carry out are closely related. In this context, there is value in continuing to rely on agencies whose mandates are specific to a given sector or issue or set of issues. UN-Oceans could be requested to play a more enhanced and effective role in promoting such coherence with regard to the activities of the UN system relating to marine areas beyond national jurisdic- tion. It would be useful for UN-Oceans to undertake and main- tain a comprehensive inventory of programmes and activities carried out by individual agencies, for example, an inventory of international science programmes related to marine areas beyond national jurisdiction. These inventories of activities should be made widely accessible so as to ensure a clearer General Assembly will decide on the next steps towards the overview of current efforts being undertaken in relation to establishment of a regular process and will also assess the feasi- issues related to marine areas beyond national jurisdiction. bility of an intergovernmental panel for the oceans. While there is a need to ensure an institutional continuum, there also is a need to develop a platform for coordinating b) Coordination and cooperation among States as well as rel- action at an operational level, at different scales. A concrete step evant intergovernmental organizations and bodies for the in this direction could be to develop a Global Programme of conservation and management of marine biological diversity Action for marine areas beyond national jurisdiction. The pro- beyond areas of national jurisdiction posed Global Programme of Action would put in place the Statement: There is a need for coordination and cooperation global policy framework and include actions at the global and nationally, regionally and globally, both at the intergovernmen- regional levels and would also address the relationship between tal as well as the governmental levels, in order to achieve inte- activities taking place within Exclusive Economic Zones with grated outcomes, if marine areas beyond national jurisdiction those beyond areas of national jurisdiction. The proposed are to be managed sustainably for the benefit of current and Global Programme of Action would assist in the implementa- future generations of the international community. tion stage of the United Nations Convention on the Law of the Sea (UNCLOS) and other related instruments and act as a cat- Rationale: Efforts towards international coordination of alyst to spur actions in various directions and at various levels, actions undertaken by individual governments through inter- while ensuring visibility of issues related to marine areas governmental organizations should be optimized and expand- beyond national jurisdiction and transparency and also provid- ed. Equally, institutional coordination should be ensured at the ing a basis for reviewing progress. The Global Programme of national level. There are precedents of effective cooperation Action should be anchored to an existing institution, namely both at the regional and global levels, but there is a need to the United Nations General Assembly, and could rely, as appro- build on these. Moreover, the issue of coordination also con- priate, on regional operational or study units such as the Large cerns the scientific community, in that it is important that the Marine Ecosystems. latter continues organizing and coordinating its activities so as to continue developing the knowledge needed for making deci- c) The role of area-based management tools sions on the sustainable management of marine areas beyond Statement: There is a need to adopt management measures to national jurisdiction. the specific nature, needs and opportunities presented by given Solution: Governments should pursue efforts aimed at ensur- ocean spaces in given time frames, through a holistic approach. ing better institutional coherence at the national level. At the Area-based management measures are important tools for regional and global levels, progress towards cooperation and implementing the ecosystem approach in marine areas beyond better institutional coherence has been made through mecha- national jurisdiction, for the mutual benefits of all concerned nisms such as UN-Oceans, which was set-up with the objective stakeholders. to ensure better cooperation between the secretariats of the Rationale: The problems of the oceans tend to be interlinked member agencies and, therefore, assist in improving institu- and should be considered as a whole. Area-based management, tional coherence and effectiveness. There is a need for these which integrates sectoral approaches, can be used as an opera- mechanisms to perform more effectively. To this end, intergov- tional framework for achieving a balance between conservation ernmental organizations should be encouraged to enter into 14 Hoc Open-ended Informal Working Group to study, inter alia, issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction that are intended to facilitate the exchange of information and the provision of advice and recommendations to the General Assembly. In particular, the United Nations General Assembly Ad Hoc Open-ended Informal Working Group should be insti- tutionalized as a regular mechanism that provides the forum to pursue discussions and make recommendations on issues relat- ed to marine biodiversity in areas beyond national jurisdiction, including the equitable and efficient utilization as well as the conservation of on marine genetic resources. Access and bene- fit-sharing, as well as capacity-building, should also be an important element of these discussions, and appropriate mod- els of trusts that would operate on the basis of users’ rights and sustainable use of marine areas beyond national jurisdic- should be identified. tion. Area-based management measures are part of a system of management measures and tools that implicate underlying e) Whether there is a governance or regulatory gap and, if advice, conservation approaches, collaboration and coopera- so, how it should be addressed tion, and monitoring and evaluation. Area-based management approaches should also be used to link marine areas beyond Statement: UNCLOS provides the legal framework for address- national jurisdiction with areas within national jurisdiction. ing any possible governance, regulatory or implementation gap related to marine areas beyond national jurisdiction. In this Solution: There is a sense of urgency for moving towards area- context, there is a need to ensure a package of measures aimed based management in marine areas beyond national jurisdic- at implementing integration, while also promoting sectoral tion, and there are a number of possible tools and approaches approaches, in relation to marine areas beyond national juris- that could be used already. To meet this urgency, there is a need diction. These measures should be seen as distributed along a to encourage ongoing scientific work in this area at the interna- continuum, each involving a greater level of formality/degree of tional level, including ecologically and biologically significant institutionalization. areas, biogeographic information, mapping and modeling, envi- ronmental impact assessments and appropriate planning Rationale: Efforts towards integration of sectoral approaches and approaches and tools. actions undertaken by individual governments have been hap- pening for a long while and should be further capitalized upon. d) Genetic resources beyond areas of national jurisdiction Integration between sectoral policies should be based on strong foundations, namely clear sectoral policies and responsibilities, Statement: Marine genetic resources are currently the subject by which each sector operating in marine areas beyond national of discussions in relation to access and the potential for their jurisdiction would take into account their respective impacts on applications such as pharmaceuticals and industrial processes, other sectors. The geographic dimension of integration is also an as well as with regard to the sharing of the benefits arising from important element to be considered, due to the diversity of situ- their utilization. Their legal status is also being discussed. ations within a given region and between regions. An ecosystem These discussions should continue in an appropriate forum. approach to marine areas beyond national jurisdiction should Rationale: Various dimensions of the issue of marine genetic ultimately be pursued, which would encourage trade-offs resources in areas beyond national jurisdiction (scientific, tech- between sectors and the achievement of common objectives. nical, technological, economic, socio-economic, environmental, Such common objectives would be: strengthening the sustain- policy and legal) still need to be further informed and debated ability and viability of sectors operating in marine areas beyond in an open and transparent manner, in order to consider all rel- national jurisdiction; maintaining the ecological integrity neces- evant views and options available to address this emerging issue. sary to ensure proper ecosystem functioning; and maximizing opportunities for synergies among sectors. Solution: It is important to retain and make better use of exist- ing institutions such as the United Nations Informal Solutions: In this context, appropriate regulatory measures are Consultative Process on Oceans and the Law of the Sea seen as necessary so as to provide a clear framework for guid- (UNICPOLOS) and the United Nations General Assembly Ad ing the operations of the various stakeholders involved, pro- moting the exchange of information, encouraging cooperation, 15 ensuring public transparency and adapting such operations on face and water column. Governance gaps are complemented by the basis of their impacts and the results achieved. Such regula- gaps in implementation. In this regard, there are opportunities tory measures would apply both within and across sectors. for action now, based on existing legal frameworks, namely the With regard to sectoral measures, each sector operating in areas UNCLOS, for which implementing measures should be identi- beyond national jurisdiction should be subject to: an assess- fied so as to fill implementation gaps related to marine areas ment of whether or not sectoral obligations are clearly identi- beyond national jurisdiction. There may be governance or reg- fied; whether an assessment of the activities of that given sec- ulatory and implementation gaps in relation to marine genetic tor, including an environmental impact assessment, has been resources as well; a fast-track approach in dealing with this conducted and the related effects on the marine environment issue may be to assess how existing instruments could be used are regularly monitored (whether these activities have impacts, to deal with these resources, while the identification of long- if they are optimized and how they could be adapted with term implementing measures may also be needed. regard to activities by other sectors); an assessment of that given sector’s compliance with the obligations to which it is III. Next Steps subject; and how to improve access to available knowledge and It is our intention to bring this Co-chairs report to the attention promote capacity-building within that particular sector. There of Member States participating in the second meeting of the is no shortage of obligations with regard to the proper imple- United Nations General Assembly Ad Hoc Open-ended mentation of flag state responsibilities, but tools available for Informal Working Group to study issues relating to the conser- assessing the implementation of flag state responsibilities with vation and sustainable use of marine biological diversity regard to specific sectors are unevenly available. For example, beyond areas of national jurisdiction (New York, 28 April – 2 in the case of commercial shipping some tools are available, May 2008). The Co-chairs shall ensure the dissemination of while in the case of the fishery sector tools for assessing com- this report so that States can use it as they see fit to address pliance with international obligations are generally lacking. In issues related to marine areas beyond national jurisdiction. turn, sectoral policies can and should be further harmonized through appropriate approaches such as the ecosystem Salvatore Arico and Sivu Maqungo approach, integrated ocean management and tools such as area- based management. This can be achieved through reforming Working Group Co-Chairs sectoral management, especially in relation to ecosystems, as a foundation to cooperate on ecosystem-based management approaches. Moreover, institutional cooperation would need to be guaranteed, both at the national level as well as in terms of the operations of the various intergovernmental agencies involved with issues related to marine areas beyond national jurisdiction, so as to achieve a better integration of sectoral policies. Cooperation and coordination in the actions pursued at the level of individual regions should also be pursued. There is a need for capacity-building, both sectorally as well as in rela- tion to cross-sectoral integration. Other important elements that cut across the hereby proposed nested approach to ensur- ing integration are integrated assessments and science, and education and public awareness. Capacity-building, integrated assessments and science, and education and public awareness are essential to ensuring a continuum of appropriate policy measures for regulating both sectoral and cross-sectoral solu- tions to dealing with issues related to marine areas beyond national jurisdiction. Initial regulatory measures for marine areas beyond national jurisdiction could be based on relevant existing legal and policy instruments. Indeed, there are a num- ber of existing principles derived from current international law that can be considered for governing of marine areas beyond national jurisdiction. These include the principles that apply to the seabed, the ocean floor and its sub-soil and to the water sur-
16 Conference Overview 4th Global Conference on Oceans, Coasts, and Islands: Advancing Ecosystem Management and Integrated Coastal and Ocean Management in the Context of Climate Change
April 7-11, 2008, Hanoi, Vietnam
Biliana Cicin-Sain and Miriam Balgos
17 Conference Overview An extensive preparatory process involving twelve multination- al Working Groups (involving 254 ocean experts from 68 coun- 4th Global Conference on Oceans, Coasts, and Islands: tries representing all sectors and regions of the world) was Advancing Ecosystem Management and Integrated Coastal mobilized to prepare analyses and specific policy recommenda- and Ocean Management in the Context of Climate Change, tions to the 4th Global Conference in Hanoi, Vietnam, April 7- April 7-11, 2008, Hanoi, Vietnam 11, 2008. The Policy Briefs prepared by each Working Group are available on the YouTube Channel noted below. The 4th Global Conference on Oceans, Coasts, and Islands brought together 436 ocean and coastal leaders from 71 coun- Coverage of the Global Conference is available at the following tries, representing all sectors, including governments, intergov- sites: ernmental and international organizations, non-governmental • The Global Forum, the World Ocean Network and the organizations, the business community, ocean donors, and sci- World Ocean Observatory have created a special entific institutions. The conference assessed essential issues in GOC2008 website and YouTube channel designed specifi- the governance of the world’s oceans, with a focus on moving cally to inform audiences across the world about the con- toward an ecosystem-based and integrated approach to oceans text and work of the Global Forum using rich media. governance at national, regional, and global levels. For the first GOC2008 Website: time, a concerted effort was made to bring oceans policy togeth- http://www.thew2o.net/goc2008/index.html er with climate change, which, as indicated in the 2007 report of the Intergovernmental Panel on Climate Change will have GOC2008 YouTube Channel: profound effects on ecosystems and coastal populations around http://www.youtube.com/globaloceans2008 the world, especially among the poorest people on Earth and in These sites enable viewers to: small island developing States. • Explore the proceedings of the Conference and each The conference focused especially on assessing the progress major ocean issue being addressed that has been achieved (or lack thereof) on the global oceans • View the reports, recommendations, and Policy Briefs of targets established by the world’s political leaders at the 2002 the Global Forum’s 12 Working Groups, which have World Summit on Sustainable Development: Achieving ecosys- been mobilized to provide recommendations on priority tem-based and integrated ocean and coastal management by next steps that the international community should 2010, reducing marine biodiversity loss by 2010, establishing take on major ocean issues networks of marine protected areas by 2012, and restoring fish- • Watch ocean and coastal experts from various sectors ery stocks by 2015, among others. around the globe in brief interviews addressing major The conference underlined that ocean and coastal managers are ocean topics and issues. at the front line of climate changes. The climate issues that • The International Institute for Sustainable Development – ocean and coastal leaders around the world will need to face Reporting Services (IISDRS) provided daily coverage of will ineradicably change the nature of ocean and coastal man- Conference proceedings. As the publisher of the Earth agement, introducing increased uncertainty, the need to incor- Negotiations Bulletin, IISDRS is recognized for its issue porate climate change planning into all existing management expertise in the field of international environment and processes, the need to develop and apply new tools related to sustainable development policy. vulnerability assessment, and the need to make difficult choic- The Earth Negotiations Bulletin Summary Report of the es in what in many cases will be “no win” situations, involving Global Oceans Conference follows this introduction. adverse impacts to vulnerable ecosystems and communities. Conference participants underlined that we must begin this process now, including altering coastal development that is already in the pipeline--we don’t have the luxury of waiting 10 years before we consider the implications and before we act.
18 4th Global Conference on Oceans, Coasts and Islands Bulletin
A summary report of the Fourth Global Conference on Oceans, Coasts, and Islands Published by the International Institute for Sustainable Development (IISD)
ONLINE AT HTTP://WWW.IISD.CA/YMB/SDOH4/ VOLUME 68, NO. 4, SUNDAY, 13 APRIL 2008 FOURTH GLOBAL CONFERENCE ON OCEANS, COASTS, AND ISLANDS: ADVANCING ECOSYSTEM MANAGEMENT AND INTEGRATED COASTAL AND OCEAN MANAGEMENT BY 2010 IN THE CONTEXT OF CLIMATE CHANGE: 8-11 APRIL 2008 The Fourth Global Conference on Oceans, Coasts, and Islands, “Advancing Ecosystem Management and Integrated Coastal and Ocean Management by 2010 in the Context of Climate Change” (Fourth Global Conference) hosted by the Government of Viet Nam, Ministry of Agriculture and Rural Development, took place in Hanoi, Viet Nam, from 8-11 April Vietnamese cultural presentation during the opening session 2008. Outcomes from the Fourth Global Conference include: a The Fourth Global Conference was organized by the Global Co-Chairs’ report containing a summary of the proceedings Forum on Oceans, Coasts, and Islands, which was created by an from the various panel sessions, discussion sessions and informal World Summit on Sustainable Development (WSSD) roundtables; summaries of the policy briefs presented; and coordinating group in Johannesburg, South Africa, in 2002. recommendations. These outcomes will be presented at the ninth Comprised of individuals from governments, intergovernmental session of the UN Informal Consultative Process on Oceans organizations and non-governmental organizations (NGOs), and Law of the Sea in New York, US, scheduled to take place the Global Forum serves as a platform for cross-sectoral from 23-27 June 2008. The specific recommendations will be information sharing and dialogue on issues affecting oceans, considered at the World Ocean Conference in Manado, North coasts and islands, with the goal of achieving sustainable Sulawesi, Indonesia, from 11-15 May 2009, organized by the development in these areas. Government of Indonesia in collaboration with the Global The event brought together over 430 participants from 71 Forum on Oceans, Coasts, and Islands, and other international countries representing governments, UN and other international partners. agencies, NGOs, industry, oceans donors, organized science groups, and networks of museums and aquaria. The Fourth Global Conference provided a review of progress, or lack IN THIS ISSUE thereof, in attaining the goals adopted by the world’s political leaders at the 2002 WSSD relating to oceans management and A Brief History of the Global Forum and International conservation in the context of climate change. Oceans and Coasts Policy and Management ...... 2 During the Conference, participants heard presentations by high-level officials and engaged in topical panels and discussion Report of the Conference ...... 3 sessions on three major themes, namely: achieving ecosystem Opening Session ...... 3 management and integrated coastal and ocean management Plenary Panels ...... 4 by 2010; climate, oceans, and security: addressing impacts in Conference Reports ...... 9 Closing Ceremony ...... 12 vulnerable ecosystems and in vulnerable coastal communities, especially in Small Island Developing States (SIDS); and the Upcoming Meetings ...... 12 governance of marine ecosystems and uses in areas beyond the limits of national jurisdiction. Glossary ...... 15
The 4th Global Conference on Oceans, Coasts and Islands Bulletin is a publication of the International Institute for Sustainable Development (IISD)
Plenary panel on “Ecosystem management and integrated ocean and Plenary panel on “Fisheries and aquaculture; sustainability and coastal management by 2010” governance” Assessment of Assessments will contain a regional overview of transparency; emphasis on equity and openness to new assessments, establish best practices, and develop a framework countries; adoption of UN Fish Stocks Agreement principles; and options for the GMA. and performance assessments. He highlighted a Chatham House Jose Matheickal, Chief Technical Advisor, Global Ballast report entitled “Recommended Best Practices for RFMOs.” Water Management Programme, International Maritime Lori Ridgeway, Director-General, International Policy and Organization, recommended: appropriately managing marine Integration, Department of Fisheries and Oceans, Canada, biosecurity threats; including biosecurity as one of the Global outlined the challenges facing tuna stocks, such as: weak Forum’s ongoing themes; including marine biosecurity issues conservation and management measures; IUU fishing; access and in GEF/LME programmes; and promoting the ratification and allocation issues; by-catch; institutionalized over-fishing; and implementation of existing international agreements, such as the data collection and sharing. She called for accelerated progress 2004 Ballast Water Convention, dealing with this issue. and suggested that failure to conserve tuna would translate to a FISHERIES AND AQUACULTURE: SUSTAINABILITY credibility loss for the fisheries governance system. AND GOVERNANCE: This panel was held on Wednesday Moritaka Hayashi, Ocean Policy Research Foundation, Japan, morning and co-chaired by: Rebecca Lent, Director, Office and former Assistant Director-General, UN Food and Agriculture of International Affairs, US National Oceanic Atmospheric Organization (FAO), welcomed the increasing link between Administration (NOAA); Nguyen Chu Hoi; and Le Thanh Luu, RFMOs and global institutions, such as the UN General Assembly Director of Research Institute for Aquaculture, Viet Nam. (UNGA) and the FAO’s Committee on Fisheries. He stressed the Lent introduced the four main themes addressed by the need for more effective management of RFMOs with periodic fisheries and governance working group, namely: regional reviews of their performance. fisheries management organization (RFMO) reform; illegal, In the ensuing discussion moderated by Rebecca Metzner, unreported and unregulated (IUU) fishing; overcapacity in FAO, participants addressed the costs of management and fishing; and sustainable aquaculture. She highlighted the impacts enforcement, the need for improving the science-policy interface of climate change on fisheries, particularly on small-scale fishing, within RFMOs, and the replicability of RFMOs’ success stories. and stressed the need for more flexible measures. One participant stressed the need for RFMOs to collaborate with Panel Co-Chair Nguyen Chu Hoi outlined the main fisheries regional economic organizations. management challenges in Viet Nam, including: an unmanaged HALTING LOSS OF BIODIVERSITY AND number of fishing boats; overexploitation in coastal waters; ESTABLISHING REPRESENTATIVE NETWORKS OF and increasing numbers of fishermen. He suggested solutions MARINE PROTECTED AREAS: This panel was held on such as creating a community-based management system, Wednesday morning and co-chaired by Jihyun Lee, Convention applying responsible fishing techniques, and developing marine on Biological Diversity (CBD) Secretariat, and Do Van Khuong, conservation parks. Director of Research Institute of Marine Fisheries, Viet Nam. Kilus Nguvauva, Deputy-Minister, Ministry of Fisheries Panel Co-Chair Lee introduced the working group’s policy and Marine Resources, Namibia, discussed access agreements brief on halting marine biodiversity loss and establishing between developing countries and distant and neighboring representative networks of MPAs. She said the working group nations, and the private sector. While he noted that the was not confident that the 2002 World Summit on Sustainable agreements can be valuable, he raised concerns regarding equity, Development (WSSD) biodiversity goals will be met by 2010 and the environment, competition with local fisheries, food security highlighted the need to represent biodiversity in market terms in and trade. He encouraged creating a platform for discussion and order to receive government attention. identifying best practices. Sue Wells, Independent Consultant, discussed progress towards Chris Tompkins, Independent Consultant, UK, called for the 2002 WSSD biodiversity and MPA goals. She highlighted several RFMO reforms, including: modernization of mandates; marine biodiversity indicators for meeting the 2010 goal, noted cooperation among RFMOs and with other regional bodies; challenges in achieving the 2012 MPA target, and underscored 7 4th Global Conference on Oceans, Coasts and Islands Bulletin, Vol. 68 No. 4, Sunday, 13 April 2008 GEF project that seeks to reverse environmental degradation trends in the South China Sea and the Gulf of Thailand. He highlighted the development of a system of fisheries refugia in the region. Julius Francis, Executive Secretary, Western Indian Ocean Marine Science Association, Tanzania, discussed a certification programme for MPA professionals in the Western Indian Ocean region. He highlighted the growing number of MPAs in the region, the lack of training schemes and the programme’s three tiers of certification. The ensuing discussion focused on sustaining the participation of local communities in MPA management and financing MPA enforcement. OCEANS AND CLIMATE: This plenary panel took place on Plenary Panel 4: Halting loss of biodiversity and establishing representative networks of MPAs Wednesday afternoon and was co-chaired by Gunnar Kullenberg, the difficulty of gathering data for the working group policy brief. former Executive Secretary, IOC/UNESCO, and Vu Thanh Ca, She called on participants to explore the possibility of a creating Vietnam Institute of Meteorology and Hydrology. a Friends of the Jakarta Mandate Group and to advance the Panel Co-Chair Kullenberg discussed the working group’s marine biodiversity agenda forward through the CBD and IUCN policy brief on oceans, climate change and security. He processes. highlighted the prospect for harnessing the ocean’s energy, and Nicole Glineur, Biodiversity Program Manager, GEF, noted that climate impacts are transpiring at higher rates than discussed the GEF’s activities on coastal and marine ecosystem expected. He argued that we have the financial means, but lack conservation. She outlined funding avenues, such as through the the capacity, to contend with climate impacts to oceans, as well as biodiversity, international waters and climate change focal areas, ocean impacts to the climate. as well as the GEF Small Grants Programme and the Public- Pamela Rubinoff, Coastal Resources Center, University Private Partnership Initiative. She highlighted the opportunity for of Rhode Island, discussed a US Agency for International ecosystem services payments and, given limited resources, the Development publication, need for pooling funding sources together. “Adapting to Climate Variability Payet described the Global Island Partnership, which strives to and Change,” and efforts to tailor bridge the gaps between the global agenda, national leaders and lessons to coastal systems. She communities. He suggested that leadership at the highest level identified the need for: long-term is needed to protect biodiversity and called for the reversal of and place-based approaches; biodiversity loss. the use of local and traditional James Hardcastle, Senior Conservation Finance and Policy knowledge; outcome-based Advisor, Asia-Pacific, The Nature Conservancy, described the and adaptive adaptation; and a Micronesia Challenge, which was issued in 2005 by the President transition to long-term political of Palau to Micronesian nations to effectively conserve 30% of choices. Kenneth Sherman, GEF LME near-shore marine resources and 20% of forest resources by 2020. Pamela Rubinoff, Coastal Resources Center, University of Programme and NOAA, described He outlined lessons learned from the Challenge, including the Rhode Island need to build on existing conservation programmes and for the a five module strategy, based on full involvement of communities. lessons learned from LME case studies, to provide science-based Marea Hatziolos, Senior Coastal and Marine Specialist, information for the monitoring, assessment and management Environment Department, World Bank, presented on means of of LMEs. He recommended the adoption of a system of increasing the effectiveness of MPAs and coral reef conservation, capping catches and prioritizing important species to establish a noting that most areas contain coral reefs. She explained how precautionary regime based on the level of warming detected in remote sensing and scientific research on coral disease can help each LME. improve the design of MPAs. Paul Epstein, Center for Health and the Global Environment, Nguyen Giang Thu, Project Director of Livelihoods and Harvard Medical School, gave examples of the consequences of MPAs, Viet Nam, reported on MPA development in Viet Nam. global warming on public health. Noting that oceans nourish and She highlighted: the challenges facing MPA policy, legal regulate the climate, he called for a transition to clean energy and institutional frameworks; the need for ICM and MPA sources that would serve adaptation to and mitigation of climate co-development; cross-cutting issues for effective management; change. and the impact of MPAs on sustainable livelihoods. Nguyen Huu Ninh, Chairman, Center for Environment Vo Si Tuan, Former Senior Expert, GEF, Institute of Research, Education and Development, Vietnam National Oceanography, Viet Nam, UNEP/GEF South China Sea Project, University, Coordinator, Indochina Global Change Network, discussed the collaborative network and outcomes from a UNEP/ presented on climate variability and hazards with a focus on Viet 8 4th Global Conference on Oceans, Coasts and Islands Bulletin, Vol. 68 No. 4, Sunday, 13 April 2008 Nam. He noted the impacts of climate change on livelihoods Sivu Maqungo, South Africa, described the working and national economic development, and highlighted the group’s policy brief on governance of marine areas beyond consequences of disasters in Viet Nam. national jurisdiction. He said that the group’s brief addresses: Willett Kempton, College of Marine and Earth Studies, environmental impacts on marine biodiversity beyond areas of University of Delaware, discussed the essential role of marine national jurisdiction; coordination and cooperation among states renewable power in mitigating climate change and reducing and intergovernmental organizations; the role of area-based ocean acidification. Using a case study from the US Northeast management tools; genetic resources beyond areas of national to demonstrate the potential of offshore wind energy, he jurisdiction; and governance gaps. recommended focusing on large-scale marine renewables, such Salvatore Arico, UNESCO, discussed the policy brief findings as offshore wind, ocean currents and ocean thermal energy in more detail. He highlighted the role of information-based conversion. decision making, and suggested that area-based management tools In the ensuing discussion, participants debated the costs could facilitate implementation of the ecosystem approach. He of marine renewable energy, strategies to balance mitigation identified the need for: institutional and programmatic coherence; measures, and why coastal marine ecosystems warm more quickly a package of measures to address governance gaps; and than the global marine average. recommendations on genetic resources beyond areas of national GOVERNANCE OF MARINE AREAS BEYOND jurisdiction. NATIONAL JURISDICTION: This plenary panel took place Laurent Stefanini, Ambassador for the Environment, Ministry on Thursday morning and was co-chaired by Gabriele Goettsche- of Foreign and European Affairs, France, described a strategic Wanli, UN Division for Ocean Affairs and the Law of the Sea plan to be developed within France, which will address transport, (DOALOS); Mary Seet-Cheng, Singapore’s Ambassador to the economic development, coastal planning, marine resources and Republic of Panama and to Cuba; and Ngoc Giao Hoang, Faculty biodiversity. He stated that the plan will first be applied to areas of Law, Vietnam National University. under national jurisdiction but, given France’s role in ocean Panel Co-Chair Goettsche-Wanli highlighted the lack of policies, he suggested that it would have greater reach. He called knowledge and technical challenges impeding the governance for better coordination among UN organizations, and identified of marine areas beyond national the importance of scientific expertise on marine biodiversity, jurisdiction. She noted the which, he said, should be included under the International contention of the existing legal Mechanism of Scientific Expertise on Biodiversity framework regime and stressed the need and could put pressure on the policymaking process. for cooperation. She highlighted David Freestone, World Bank, stressed that there is no that these issues will be further comprehensive governance framework for marine areas discussed in the Second Meeting beyond national jurisdiction even though they comprise 50% of the Ad Hoc Open-ended of the Earth’s surface. He noted governance gaps, including Informal Working Group to study poor implementation, uncoordinated rule-making and weak issues relating to the conservation enforcement; stressed the need for ecosystem-based integrated and sustainable use of marine management; and suggested solutions such as establishing a biological diversity beyond areas coordinating mechanism and expanding the mandate of existing Co-chair Gabriele Goettsche- of national jurisdiction (Ad Hoc arrangements. Wanli, UNDOALOS Open-ended Informal Working Maqungo discussed developing country perspectives on Group) established under the UNGA. governance of marine areas beyond national jurisdiction. He Panel Co-Chair Seet-Cheng discussed issues related to outlined the key issues, namely the governance of marine areas beyond national jurisdiction, clarification of the legal regime, including the need to: address knowledge gaps; provide continuity the existence of regulatory gaps, with previous governance activities; and raise the profile on the and access and benefit-sharing political agenda. of marine genetic resources. He Panel Co-Chair Ngoc stressed the importance of the Giao Hoang noted how UNCLOS’s principle of equity Viet Nam can learn and noted that activity in the Area from addressing this (the seabed and subsoil beyond topic, and identified national jurisdiction) must be the need to develop guided by the principle of the cooperation within Asia common heritage of mankind. on governance of marine Marie Fuensanta Candela Sivu Maqungo, South Africa areas beyond national Panel Co-Chair Ngoc Giao Hoang, Faculty of Castillo, European Commission, jurisdiction. Law, Vietnam National University said the EU position on the governance of marine areas beyond national jurisdiction is a work in progress. She said the EU is committed to the concept of an UNCLOS implementation 9 4th Global Conference on Oceans, Coasts and Islands Bulletin, Vol. 68 No. 4, Sunday, 13 April 2008 agreement as a long-term objective, and is ready to consider dialogue to examine options related to access and benefit-sharing, but has difficulty accepting the common heritage of mankind status of marine genetic resources in the Area. Ridgeway presented on opportunities for enhancing integrated governance of marine areas beyond national jurisdiction, stressing that “integration starts at home.” She outlined the different kinds of integration that should be taken into account, including horizontal, vertical, and spatial, and noted the new concept of mainstreaming integration within other issue areas, such as climate change. David Johnson, Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR) Commission, presented a regional perspective on the enhancement of integrated governance of marine areas beyond national jurisdiction. He described the Charlie Gibbs Fracture Zone, which, he explained, Plenary panel on “Overarching cross-cutting issues” is a possible test case for the creation of a MPA. institutional indicators. He added that this work will be followed In the ensuring discussion, which was moderated by Johannes by a review of on-the-ground results, supporting a shift from Nieuwenhuis, Marine Policy Coordinator, Ministry of Agriculture, “outputs to outcomes.” Nature and Food Quality, the Netherlands, one non-governmental Carl Bruch, Environmental Law Institute, presented the policy organization representative said some scientific advice is already brief of the compliance and enforcement working group. He said available and should be taken as basis for action. Participants the costs of noncompliance can be substantial in the short- and addressed the ways in which pilot projects and science can inform long-term and that a range of tools is needed. He noted challenges the international debate on high seas governance. such as lack of capacity and political will, outlined options OVERARCHING CROSS-CUTTING ISSUES: This including increasing public participation and the use of market- plenary panel took place on Thursday morning and was based approaches, and stressed the need to develop an agenda for co-chaired by Anna Tengberg, UNDP, Bangkok; Nicole Glineur, improving compliance and enforcement. GEF Secretariat; and Le Ngoc Hung, Head of the Department Philippe Vallette, French National Sea Experience Centre of Management Sociology, Ho Chi Minh National Politics and (NAUSICAÄ) and World Ocean Network, presented on the Administration Academy, Viet Nam. long-term media strategy to advance the global oceans agenda. Koos Neefjes, UNDP, discussed the “One UN Initiative” in He stressed the importance of bringing media attention to Viet Nam. He described the extent to which climate change and traditional knowledge, cultural heritage, and the impacts of marine and coastal issues are climate variability on the oceans and the oceans on the climate. incorporated into the Initiative. He outlined ongoing work, including the establishment of He identified the need for: a World Ocean Day and the World Ocean Network educational focus on core mandates of, as programmes. well as increased coherency Takashi Ito, The Nippon Foundation, described the capacity among, UN organizations; building initiatives of The Nippon Foundation in the field of overcoming implementation global ocean governance, highlighting the organization of the obstacles; leadership; efficiency; International Ocean Governance Network. and managing performance In the ensuing discussion, participants debated outreach expectations. and awareness-raising activities in Viet Nam. Sinyo Harry Indumathie Hewawasam, Sarundajang, Governor of North Sulawesi Province, Indonesia, World Bank Consultant, extended an invitation to participants to attend the World Ocean highlighted the need and Conference in May 2009, to be held in Manado, Indonesia. priorities for capacity CONFERENCE REPORTS Koos Neefjes, UNDP development. She called for: On Tuesday and Wednesday afternoon, 21 concurrent partnerships with private foundations; a global forum to enhance discussion sessions took place. These discussion sessions aimed technical skills; mainstreaming coastal and oceans agendas into to provide participants with an opportunity to discuss 13 themes national economic planning; a high-level multi-donor conference in an informal setting and to formulate recommendations. On on capacity development; and support of regional institutions in Thursday afternoon, participants heard reports from all but three the most vulnerable countries. of these sessions in a plenary moderated by Julian Barbiere, Ralph Cantral, National Ocean Service, NOAA, discussed IOC/UNESCO. Coverage of the discussion groups is grouped progress markers, designed to gauge success in achieving coastal according to the 13 themes and limited to the plenary summary and ocean goals. He noted that the development of progress reports presented by each group’s rapporteur in plenary on markers will have a short-term focus on identifying process and Thursday. 10 4th Global Conference on Oceans, Coasts and Islands Bulletin, Vol. 68 No. 4, Sunday, 13 April 2008 OCEANS, CLIMATE, AND SIDS: On Tuesday, this topic funded LME projects and underscored the insufficient focus and was addressed in a discussion session entitled, “Advancing the means for support of professional training in the various regions. Implementation of the SIDS Mauritius Strategy.” On Thursday, He indicated an interest to build on the existing LME assessment Rolph Payet presented a summary of this discussion. He noted management framework. that SIDS have led the oceans agenda and identified adaptation FISHERIES AND AQUACULTURE: SUSTAINABILITY to climate change as the most pressing issue for SIDS. He AND GOVERNANCE: This topic was addressed on Wednesday welcomed the support to the Sea-level Rise Initiative and the in two discussion sessions entitled, “Controlling Fishing GEF ecosystem-based management (EBM) initiatives. Payet Overcapacity” and “Doing Aquaculture Right.” On Thursday, stressed the need to address genetic resources issues in time for Chris Tompkins presented a summary of these discussions. He SIDS to take advantage of the economic opportunity they may outlined eight central themes, namely: the need for market- present and to build the capacity of SIDS to enable them to make based mechanisms; coordination and integration of governance extended continental shelf submissions. He said SIDS should approaches; inseparability of fisheries and oceans management; be fully involved in the high seas discussions and called for the integration of aquaculture into the overall fisheries framework; establishment of a robust mechanism to implement the Mauritius capacity development; the challenge of IUU fishing; the Strategy. imperative of stakeholder engagement; and the impacts of ECOSYSTEM MANAGEMENT AND INTEGRATED climate change. He noted four recommendations from the COASTAL AND OCEAN MANAGEMENT: This topic was fishing overcapacity discussion session, including the need first addressed in a discussion session on Tuesday entitled, to investigate perverse government incentives and to support “Building Networks of Local Officials for Integrated Coastal and scientific management of capacity. Tompkins outlined five main Ocean Governance”; “Progress makers”; and “Integrated Coastal policy recommendations from the aquaculture discussion session, and Ocean Policies: National Perspectives-1.” On Wednesday, including the need for certification and sustainability standards, the topic was again addressed in a discussion session entitled, and support for the development and implementation of better “Integrated Coastal and Ocean Policies: Regional Perspectives-2”; practices by resource users. “Mainstreaming Coastal and Marine Issues into National Planning HALTING LOSS OF BIODIVERSITY AND and Budgetary Processes”; and “Enhancing UN Coherence: ESTABLISHING REPRESENTATIVE NETWORKS OF Global Regional Assessment of Marine Environments, MPAs: This topic was addressed on Wednesday, in the discussion UN-Oceans, and One UN Pilot Programme.” On Thursday, Ned session entitled, “Next Steps in Assessing Progress in Halting Cyr, Chief, Marine Ecosystems Division, NOAA, presented a Biodiversity Loss by 2010.” On Thursday, Jihyun Lee presented a summary of these discussions. summary of this discussion. She said progress towards the WSSD Noting that ICM implementation guidelines are well targets is not positive, and feared that the 2010 biodiversity and established, Cyr underlined that EBM implementation guidelines 2012 MPA targets would not be met. Noting that the working are less well codified. He said EBM and ICM are not conflicting group was “searching for hope,” she highlighted that: the CBD but complementary and consistent. Cyr noted progress in provides an overall framework for implementation; numerous implementation at various levels, but stressed the need to better high-level commitments exist; management interventions are communicate the benefits of EBM to policy makers. He also largely known and understood; and some populations and called for: maintaining collaboration on ICM and EBM at the ecosystems are showing signs of recovery. Lee identified barriers international level; emphasizing capacity building of and support and constraints towards achieving the WSSD targets, which to developing States; and establishing a systematic process to include: poor marketing of the value of marine biodiversity; track progress on ICM and EBM implementation by 2010 using lack of political interest and commitment; limited capacity and common indicators. financial resources; lack of baseline data and information on LMEs: This topic was addressed on Tuesday in a discussion trends; ineffective reporting mechanisms; and fragmented efforts session entitled, “Experiences in the Practical Implementation by regional and international organizations. To overcome these of Country-Driven GEF LME barriers she recommended: renewing country commitments to Programmes.” On Thursday, the Jakarta Mandates; establishing an effective reporting and Kenneth Sherman presented a monitoring framework; and promoting the value of marine summary of this discussion. He biodiversity. identified the possible policy OCEANS, CLIMATE AND SECURITY: This topic change within the GEF towards was addressed in the discussion session on “Dealing with a national allocation of funds as Changes in Oceans: Ocean Warming, Ocean Acidification, a potentially perverse incentive Changes in Polar Regions,” which took place on Tuesday, as that would discourage countries well as in the discussion sessions on “Practical Solutions to from working together to Climate Change Adaptation” and “Mitigation Measures to address cross-cutting issues and Climate Change Impacts: Encouraging Alternative Sources could be detrimental to EBM of Energy: Wind, Waves, Tides, Currents, oceans thermal implementation. He recognized Kenneth Sherman, GEF LME energy conservation,” which took place on Wednesday. On the success of a number of GEF- Programme and NOAA Thursday, Gunnar Kullenberg presented a summary of these 11 4th Global Conference on Oceans, Coasts and Islands Bulletin, Vol. 68 No. 4, Sunday, 13 April 2008 recommended freshwater and coastal management communities take steps to overcome the present lack of coordination and communicate the seriousness of the issue, including the cost of inaction, and need for integrated freshwater and costal management. He called for increased attention to non-point sources of pollution and noted the role that demonstration projects can play in developing and testing integrated river and freshwater tools and good practices. He highlighted lack of capacity and funding, particularly in developing countries. CAPACITY BUILDING: This topic was addressed on Panelists in the session on “Governance of marine areas beyond national jurisdiction” Tuesday in a discussion session entitled, “Capacity Development discussions. He noted that oceans are necessary to fulfill basic Among the Community of Portuguese-Speaking Nations,” as human needs, which are threatened by climate change impacts well as on Wednesday in a discussion session entitled “Capacity having global consequences. He called for comprehensive Building.” On Thursday, Indumathie Hewawasam presented a integration of adaptation, planning and mitigation activities. summary of these discussions Noting the existence of the necessary tools, Kullenberg urged and noted that capacity had capacity building and implementation. He identified the need been emphasized in every for observational research, especially with regard to ocean discussion session. She acidification and climate impacts to the food chain. On climate identified barriers to capacity change, he highlighted equity concerns and the vulnerability of building, including: political polar regions, and stated that marine mitigation options need to be will; leadership; institutional evaluated and that “no regrets” options should be embraced. weakness; high turn-over of GOVERNANCE OF MARINE AREAS BEYOND technical staff; the “brain NATIONAL JURISDICTION: This topic was addressed drain”; lack of transparency; on Wednesday in the discussion session on “Uses of need for empowered citizenry; Marine Ecosystems in Areas Beyond National Jurisdiction and communication between (Bioprospecting, Fisheries, Deep Seabed Mining, Maritime public and private entities. Transportation, Communication Cables: Opportunities for She said the Global Forum Enhancing the Management Frameworks).” On Thursday, can aid in forging alliances Salvatore Arico presented a summary of this discussion. He among those in the private Indumathie Hewawasam, World Bank Consultant underscored the sense of urgency and complexity of the topic, sector, public sector, global and reported that the group was successful in achieving a institutions and regional institutions. She also suggested it can balance between a realistic vision and a long-term perspective. promote technical skills in emerging issue areas. In conclusion, He discussed the working she called for a conference of donors to discuss financing group’s policy brief on and leveraging funds, as well as collaboration, efficiency and governance of marine areas effectiveness. beyond national jurisdiction, PUBLIC EDUCATION: This topic was addressed on which is organized according Wednesday in a discussion session entitled, “Public Education to findings, rationale and and Outreach.” On Thursday, Manuel Cira, NAUSICAÄ, solutions. He said the World Ocean Network Coordinator, presented a summary brief identifies a need for of this discussion. He called for training and resources for integrated science and calls the mobilization of oceans ambassadors and announced the for cooperation among creation of a world ocean leadership academy, which aims to States and international train educators and media. He highlighted the upcoming World organizations, as well Ocean Day, to be celebrated on 8 June 2008, and called for the as among scientists. He official UN designation of that day by 2012, which will mark the highlighted the value of area- twentieth anniversary of the Rio Summit, where the World Ocean based management tools, and Day was first proposed. He urged the maintenance of the Fourth called on the Ad Hoc Open- Salvatore Arico, UNESCO Global Conference’s momentum. ended Informal Working Group to provide recommendations with COMPLIANCE AND ENFORCEMENT: This topic regard to marine genetic resources. Concerning regulatory gaps, was addressed on Wednesday in a discussion session entitled he said a range of options would be necessary. “Compliance and Enforcement.” No presentation was made to FRESHWATER TO OCEANS: This topic was addressed on plenary. Wednesday in the discussion session on “Freshwater-to-Oceans MARINE TRANSPORTATION: This topic was addressed and Preparations for the Fifth World Water Forum.” On Thursday, on Tuesday in a discussion session entitled “maritime Torkil Jonch-Clausen presented a summary of this discussion. He transportation.” No presentation was made to plenary. 12 4th Global Conference on Oceans, Coasts and Islands Bulletin, Vol. 68 No. 4, Sunday, 13 April 2008 INDICATORS FOR PROGRESS: This topic was addressed and overall objectives for the Global Forum; means to enhance on Tuesday in a discussion session entitled, “Progress markers.” efficiency; lobbying methods; communication, education, and No presentation was made to plenary. outreach needs; and alliances with other actors. Andrew Hudson, Principal Technical Advisor, International CLOSING CEREMONY Waters, UNDP-GEF, spoke on behalf of Global Forum Co-Chair This plenary session took place on Thursday afternoon and was Vandeweerd. He said the Global Forum was the principal moderated by Janot-Reine Mendler de Suarez, Deputy Director, mechanism for high-level policy dialogue on sustainability GEF International Waters Learning Exchange and Resource challenges that face oceans, coasts and islands. He noted the Network (IW:LEARN). Forum’s role in reviewing progress and identifying strategies to Global Forum Co-Chair address ongoing and emerging challenges. He highlighted insights Cicin-Sain outlined the strategic from the Conference’s policy briefs, including: the additional planning process that preceded complexity climate change brings to the sustainable management the Conference and noted that of oceans and coasts; the continuation and expansion of impacts the working groups will continue from human activities; the urgent issues facing SIDS, which can on an indefinite basis. She serve as models for demonstrating good progress; the need to highlighted strong media interest, enhance public participation and strengthen governance; and the outlined the Conference outcomes, major gaps in public understanding. and reflected upon next steps Noting that the oceans and freshwater communities share the moving towards the World Ocean same commitments to sustainable development, Jonch-Clausen Conference in 2009 and the Fifth urged participants to “decrease their salinity” and invited them to Global Conference in 2010. Rejoice Mabudafhasi, Deputy attend the Fifth World Water Forum in 2009. Rejoice Mabudafhasi, Deputy Minister of Environmental Peter Neill, Director, World Ocean Observatory, explained Minister of Environmental Affairs Affairs and Tourism, South Africa that the conference had been covered by the World Ocean and Tourism, South Africa, applauded the sense of urgency Network and the World Ocean Observatory, with funding from present at the Conference and the Lighthouse Foundation (http://www.thew2o.net/goc2008/). He called for increased partnership highlighted that interviews from a number of eminent participants between professionals in are available on U Tube. developed and developing Lori Ridgeway underlined the power of positive thinking countries. She stressed the need and, noting the inspirational examples presented during the to raise the profile of the oceans Conference, she urged participants to convey a message of hope. and coasts within climate change She stressed the urgency for change and for the creation of a negotiations. “win-win” agenda. Nguyen Viet Thang, Minister Reine Mendler de Suarez closed the Conference at 4:45 pm. of Agriculture and Rural Development, Viet Nam, stated UPCOMING MEETINGS that the conference was “fruitful,” as it forged collaboration and GLOBAL MARINE RENEWABLE ENERGY played an important role in Viet CONFERENCE: This conference will take place from Nguyen Viet Thang, Minister of Agriculture and Rural Nam, helping the nation further 17-18 April 2008 in New York, US, convening international Development, Viet Nam recognize the importance of and US-based leaders and innovators to exchange the latest protecting oceans, coasts and islands. He wished the participants information on marine renewable energy. For more information, success and expressed his hopes for them to retain memories of contact: fax: +1-410-423-2193; e-mail: [email protected]; Viet Nam. internet: http://www.globalmarinerenewable.com Ibrahim Thiaw reflected on the Conference’s high-level SECOND AD HOC OPEN-ENDED INFORMAL participation, dynamism, diversity WORKING GROUP TO STUDY ISSUES RELATING TO and rich presentations. He called THE CONSERVATION AND SUSTAINABLE USE OF for moving beyond “preaching to MARINE BIOLOGICAL DIVERSITY BEYOND AREAS the converts,” and urged outreach OF NATIONAL JURISDICTION: The second meeting of this to other communities, such as working group will take place from 28 April to 2 May 2008, those involved in freshwater and in New York, US, in accordance with UN General Assembly development issues. He noted resolution 62/215 adopted on 22 December 2007. For more the need to consider land-locked information, contact: Director, UN Division for Ocean Affairs countries, for more champions to and the Law of the Sea (DOALOS); tel: +1-212-963-3962; defend the world’s oceans, and fax: +1-212-963-5847; e-mail: [email protected]; internet: for key figures who can convey Ibrahim Thiaw, Director, UNEP http://www.un.org/Depts/los/biodiversityworkinggroup/ Division of Environmental Policy biodiversityworkinggroup.htm messages. He asked participants Implementation, and Co-Chair, to consider: a long-term vision Fourth Global Conference 13 4th Global Conference on Oceans, Coasts and Islands Bulletin, Vol. 68 No. 4, Sunday, 13 April 2008 INTERNATIONAL GLOBAL ENVIRONMENT 12TH SESSION OF THE INDIAN OCEAN TUNA FACILITY (GEF) WORKSHOP ON EVALUATING COMMISSION (IOTC): This session of the Commission will CLIMATE CHANGE AND DEVELOPMENT: RESULTS, take place from 7-11 June 2008, in Muscat, Oman. Among the METHODS AND CAPACITIES: This workshop will take issues to be considered is the future relationship between the place from 10-13 May 2008, in Alexandria, Egypt, organized by IOTC and UN Food and Agriculture Organization (FAO). For the GEF Evaluation Office, with a view to sharing experiences in more information, contact: IOTC Secretariat; tel: +248-225-494; evaluating projects and programmes aimed at the nexus between fax: +248-224-364; e-mail: [email protected]; internet: climate change and development. For more information, contact: http://www.iotc.org/English/meetings/comm/comcurrent.php Secretariat of the International Workshop, Evaluation Office of 18TH MEETING OF STATES PARTIES TO THE UN the Global Environment Facility; tel: +1 202 458 8537; e-mail: CONVENTION ON THE LAW OF THE SEA: This meeting [email protected]; internet: http://www.esdevaluation. will take place from 13-20 June 2008, at UN headquarters org in New York, US. For more information, contact: Secretary INTERGOVERNMENTAL MEETING ON THE of the Meeting of States Parties; tel: +1-212-963-3972; MANAGEMENT OF HIGH SEAS BOTTOM FISHERIES fax: +1-212-963-5847; e-mail: [email protected]; internet: IN THE NORTH WESTERN PACIFIC OCEAN: The second http://www.un.org/Depts/los/meeting_states_parties/ meeting of this new Regional Fisheries Management Organization eighteenthmeetingstatesparties.htm (RFMO) will take place from 14-16 May 2008, in Vladivostock, FAO TECHNICAL CONSULTATION ON ILLEGAL, Russia. The scientific working group meeting will take place from UNREPORTED AND UNREGULATED (IUU) FISHING: 12-13 May 2008. For more information, contact: Miho Wazawa; The Technical Consultation to draft a legally binding instrument tel: +81-3-3502-8111 (ext 6747); fax: +81-3-3502-0571; e-mail: on port State measures to prevent, deter and eliminate IUU [email protected]; internet: http://www.fpir.noaa. fishing is scheduled to take place from 23-27 June 2008 in Rome, gov/IFD/ifd_nwpbottomtrawl.html Italy. For more information, contact: David Doulman, FAO; CBD COP-9: This conference is organized by the tel: +39-6-570-56752; fax: +39-6-570-56500; e-mail: david. Convention on Biological Diversity (CBD) Secretariat and will [email protected]; internet: http://www.fao.org/fi/NEMS/events/ be held from 19-30 May 2008, in Bonn, Germany. For more detail_event.asp?event_id=36383 information, contact: CBD Secretariat; tel: +1-514-288-2220; fax: 60TH ANNUAL MEETING OF THE INTERNATIONAL +1-514-288-6588; e-mail: [email protected]; internet: http:// WHALING COMMISSION (IWC): This meeting of the www.cbd.int/doc/meeting.aspx?mtg=COP-09 Commission will be held from 23-27 June 2008, in Santiago, FORUM FISHERIES COMMITTEE MINISTERIAL Chile. Associated meetings of the Scientific Committee MEETING: This meeting will take place from 19-20 May and Commission sub-groups are scheduled for 1-22 June 2008, in Palau, following the 67th official session of the 2008. For more information, contact: IWC Secretariat; tel: Forum Fisheries Committee from 12-16 May 2008. For more +44-1223-233-971; fax: +44-1223-232-876; e-mail: secretariat@ information, contact: Jean-Paul Gaudechoux; tel: +687-262-000 iwcoffice.org; internet: http://www.iwcoffice.org/meetings/ or +687-260-169; fax: +687-263-818; e-mail: [email protected]; meeting2008.htm internet: http://home.spc.int/coastfish/meetings.htm NINTH MEETING OF THE UNITED NATIONS OPEN- 59TH TUNA CONFERENCE: This conference will take ENDED INFORMAL CONSULTATIVE PROCESS ON place on 19-22 May 2008, in Lake Arrowhead, California, US. OCEANS AND THE LAW OF THE SEA: This meeting is It will consider progress in research on various marine species, scheduled for 23-27 June 2008, at UN headquarters in New York, including tuna. For more information, contact: Anne Allen; US. The meeting will focus on “Maritime security and safety.” tel: +1-858-546-7128; fax: +1-858-546-5656; e-mail: info@ For more information, contact: Secretary of the Consultative tunaconference.org; internet: http://www.tunaconference.org/ Process; tel: +1-212-963-3969; fax: +1-212-963-5847; Home.htm e-mail: [email protected]; internet: http://www.un.org/Depts/los/ 28TH SESSIONS OF THE UNFCCC SUBSIDIARY consultative_process/consultative_process.htm BODIES: The 28th sessions of the Subsidiary Bodies of the UN ELEVENTH INTERNATIONAL CORAL REEF Framework Convention on Climate Change (UNFCCC) – the SYMPOSIUM: This symposium will be organized under the Subsidiary Body for Implementation (SBI) and the Subsidiary theme “Reefs for the Future” and will take place from 7-11 July Body for Scientific and Technological Advice (SBSTA) – are 2008, in Fort Lauderdale, Florida, US. This meeting will focus scheduled to take place from 2-13 June 2008, in Bonn, Germany. on key concepts of coral reefs, including reef structure and In addition, the second meeting of the Ad Hoc Working Group function, pattern and process, ecosystem-based management, on Long-Term Cooperative Action, a new body established at and human interactions. For more information, contact: Nancy COP 13 in Bali, is expected to be held alongside the SBI and Copen; tel: +1-301-634-7010; e-mail: [email protected]; SBSTA. The resumed fifth session of the Ad Hoc Working Group internet: http://www.nova.edu/ncri/11icrs/ on Further Commitments for Annex I Parties under the Kyoto INTERNATIONAL SYMPOSIUM ON COPING WITH Protocol will also be held at the same time. For more information, GLOBAL CHANGE IN MARINE SOCIAL-ECOLOGICAL contact: UNFCCC Secretariat; tel: +49-228-815-1000; fax: SYSTEMS: This symposium will take place from 8-11 July +49-228-815-1999; e-mail: [email protected]; internet: http:// 2008, in Rome, Italy. For more information, contact: Kevern unfccc.int/meetings/unfccc_calendar/items/2655.php?year=2008 Cochrane, FAO Senior Fisheries Officer; tel: +39-6-570-56109; 14 4th Global Conference on Oceans, Coasts and Islands Bulletin, Vol. 68 No. 4, Sunday, 13 April 2008 fax: +39-6-570-53020; e-mail: [email protected]; internet: 15TH ANNUAL MEETING OF THE COMMISSION http://www.fao.org/fi/NEMS/events/detail_event.asp?event_ FOR THE CONSERVATION OF SOUTHERN BLUEFIN id=36388 TUNA (CCSBT) COMMISSION: This session of the CCSBT, ASIA-PACIFIC FISHERY COMMISSION (APFIC) also incorporating the Extended Commission, will take place CONSULTATIVE FORUM MEETING: This meeting from 14-17 October 2008, in Auckland, New Zealand. For more on “Adapting to emerging challenges - promoting effective information, contact: Executive Secretary; tel: +61-2-6282-8396; arrangements for managing fisheries and aquaculture in the fax: +61-2-6282-8407; email: [email protected]; internet: Asia-Pacific Region” will take place from 6-9 August 2008, in http://www.ccsbt.org/docs/meeting.html Manado, Indonesia. The Consultative Forum Meeting provides 10TH MEETING OF THE CONFERENCE OF THE an opportunity to agree on actions needed to adapt to the CONTRACTING PARTIES: THE RAMSAR CONVENTION emerging challenges facing fisheries and aquaculture in the ON WETLANDS: The 10th meeting of the Conference of region. For more information, contact: Secretary APFIC the Parties to the Ramsar Convention will take place from 28 Secretary; tel: +66-2-697-4149; fax: +66-2-697-445; e-mail: October-4 November 2008, in Changwon, Republic of Korea. For [email protected]; internet: http://www.apfic.org/ more information, contact: Ramsar Convention Secretariat; tel: RCFM2008/RCFM_home.html +41 22 999 0170; fax: +41 22 999 0169; e-mail: ramsar@ramsar. ASIA-PACIFIC FISHERY COMMISSION: The 30th org; internet: http://www.ramsar.org/index_cop10_e.htm session of the Fishery Commission will take place from 11-13 27TH MEETING OF THE COMMISSION FOR THE August 2008, in Manado, Indonesia. This by invitation only CONSERVATION OF ANTARCTIC MARINE LIVING formal session will deliberate on a range of current and emerging RESOURCES (CCAMLR): The regular meeting of the fisheries issues relevant to the Asia-Pacific Region. For more Commission will take place from 27 October to 7 November information, contact: Secretary APFIC; tel: +66-2-697-4149; fax: 2008, at CCAMLR Headquarters in Hobart, Australia. For more +66-2-697-445; e-mail: [email protected]; internet: information, contact: CCAMLR Secretariat; tel: +61-3-6210- www.apfic.org and http://www.fao.org/fishery/nems/36390/en 1111; fax: +61-3-6224-8744; email: [email protected]; internet: 29TH SESSION OF THE INTERGOVERNMENTAL http://www.ccamlr.org/pu/e/sched-of-mtgs.htm PANEL ON CLIMATE CHANGE (IPCC 29): IPCC 29 will ANNUAL MEETING OF THE NORTH EAST ATLANTIC take place in Geneva, Switzerland, during the first week of FISHERIES COMMISSION (NEAFC): The contracting September 2008, during which the IPCC’s 20th anniversary parties of the NEAFC will meet for their annual meeting from will be celebrated. For more information, contact: IPCC 10-14 November 2008, in London, UK. For more information, Secretariat; tel: +41-22-730-8208; fax: +41-22-7 30-8025/13; contact: NEAFC Secretariat; tel: +44-20-7631-0016; fax: e-mail: [email protected]; internet: http://www.ipcc.ch/ +44-20-7636-9225; email: [email protected]; internet: http://www. NORTHWEST ATLANTIC FISHERIES neafc.org/ ORGANIZATION (NAFO): The annual meeting of the ANNUAL MEETING OF THE NORTH PACIFIC Northwest Atlantic Fisheries Organization will take place from ANADROMOUS FISH COMMISSION (NPAFC): This 22-26 September 2008, in Vigo, Spain. For more information, meeting will take place from 17-21 November 2008, in Seattle, contact: Barbara Marshall; tel: +1-902-468-5590; fax: Washington, USA. The objective of the meeting is to promote the +1-902-468-5538; e-mail: [email protected]; internet: http://www. conservation of anadromous fish stocks in its region, including nafo.int/about/frames/activities.html various kinds of salmon. For more information, contact: Wakako 63RD SESSION OF THE UN GENERAL ASSEMBLY: The Morris; tel: +1-604-775-5550; fax: +1-604-775-5577; e-mail: 63rd session of the UN General Assembly is scheduled to hold [email protected]; internet: http://www.npafc.org/new/ Informal Consultations on the draft resolutions on “Oceans and events_annual.html the Law of the Sea,” tentatively scheduled from 29 September 16TH SPECIAL SESSION OF THE INTERNATIONAL to 3 October 2008, and 17-21 November, and on sustainable COMMISSION FOR THE CONSERVATION OF ATLANTIC fisheries, including the UN Fish Stocks Agreement and UN TUNAS (ICCAT): The Special Session is scheduled to take place Convention on the Law of the Sea, tentatively scheduled on 17-19 from 17-24 November 2008, at a venue yet to be determined. September and 10-14 November 2008. For more information, For more information, contact: Pilar Pallarés, ICCAT; tel: contact: Director, UNDOALOS; tel: +1-212-963-3962; fax: +34-91-416-5600; fax: +34-91-415-2612; e-mail: [email protected]; +1-212-963-5847; e-mail: [email protected]; internet: http://www. internet: http://www.iccat.int/ un.org/Depts/los/reference_files/calendar_of_meetings.htm NPAFC INTERNATIONAL SYMPOSIUM ON THE ANNUAL MEETINGS OF THE SOUTH EAST BERING-ALEUTIAN SALMON INTERNATIONAL ATLANTIC FISHERIES ORGANIZATION (SEAFO): The SURVEYS (BASIS): This Symposium is scheduled for 4th annual meeting of the Scientific Committee of SEAFO will 23-25 November 2008, in Seattle, Washington, US, and is take place from 2-3 October 2008, followed by the 5th annual conceptualized under the theme of “Climate Change, Production meeting of the Commission on 6-9 October 2008, in Windhoek, Trends, and Carrying Capacity of Pacific Salmon in the Bering Namibia. For more information, contact: Executive Secretary; tel: Sea and Adjacent Waters.” For more information, contact: +264-64-220-387; fax: +264-64-220-389; e-mail: [email protected]; NFAPC Secretariat; tel: +1-604-775-5550; fax: +1-604-775-5577; internet: http://www.seafo.org e-mail: [email protected]; internet: http://www.npafc.org/ new/index.html 15 4th Global Conference on Oceans, Coasts and Islands Bulletin, Vol. 68 No. 4, Sunday, 13 April 2008
CMS COP-9: The ninth Conference of the Parties to the Convention on Migratory Species (CMS) is organized by GLOSSARY the CMS Secretariat and will take place from 1-5 December 2008, in Rome, Italy. For more information, contact: tel: AOSIS Alliance of Small Island States +49-228-815-2401/02; fax: +49-228-815-2449; e-mail: APFIC Asia-Pacific Fishery Commission [email protected]; internet: http://www.cms.int/news/events.htm CBD Convention on Biological Diversity UNFCCC COP-14 AND KYOTO PROTOCOL COP/ CCAMLR Commission for the Conservation of Antarctic MOP 4: UNFCCC COP-14 and Kyoto Protocol COP/MOP 4 are Marine Living Resources scheduled to take place from 1-12 December 2008 in Poznan, DOALOS Division for Ocean Affairs and the Law of the Poland. These meetings will coincide with the 29th meetings Sea of the UNFCCC’s subsidiary bodies. For more information, EBM ecosystem-based management contact: UNFCCC Secretariat; tel: +49-228-815-1000; fax: FAO UN Food and Agriculture Organization +49-228-815-1999; e-mail: [email protected]; Internet: GEF Global Environment Facility http://unfccc.int/meetings/unfccc_calendar/items/2655. GPA Global Programme of Action for the Protection php?year=2008 of the Marine Environment from Land-based WESTERN AND CENTRAL PACIFIC FISHERIES Activities COMMISSION SESSION: The 5th regular session of the ICCAT International Commission for the Conservation Commission is provisionally set to take place from 8-12 of Atlantic Tunas December 2008, in Busan, Republic of Korea. The meetings of ICM integrated coastal management its Northern, Scientific, Technical and Compliance Committees ICP Informal Consultative Process on Oceans and will take place prior to the session. For more information, contact: the Law of the Sea Lucille Martinez; tel: +691-320-1992 or +691-320-1993; fax: IOC Intergovernmental Oceanographic Commission +691-320-1108; e-mail: [email protected]; internet: http://www. IOTC Indian Ocean Tuna Commission wcpfc.int/ IUU illegal, unreported and unregulated WORLD OCEAN CONFERENCE: This conference will IW:LEARN International Waters Learning Exchange and take place from 11-15 May 2009, in Manado, North Sulawesi, Resource Network Indonesia, organized by the Government of Indonesia, Global IWC International Whaling Commission Forum on Oceans, Coasts and Islands, and other partners. The LME large marine ecosystems conference will focus high-level attention on issues of ecosystem- MDGs Millennium Development Goals based integrated oceans management in the context of climate MPA marine protected area change, focusing especially on the policy recommendations NAUSICAÄ French National Sea Experience Centre emanating from the 2008 Global Conference. For more NEAFC North East Atlantic Fisheries Commission information, contact: WOC’09 Secretariat; tel: +62 431 861 152; fax: +62 431 861 394; e-mail: [email protected]; internet: NGO non-governmental organization http://www.woc2009.org/ NOAA US National Oceanic Atmospheric FIFTH GLOBAL CONFERENCE ON OCEANS, COASTS Administration AND ISLANDS: The Fifth Global Conference on Oceans, Coasts NPAFC North Pacific Anadromous Fish Commission and Islands will be held at a date to be determined in 2010, in a OSPAR Convention for the Protection of the Marine venue to be determined. For more information, contact: Miriam Environment of the North-East Atlantic Balgos, University of Delaware; tel: +1-302-831-8086; fax: PEMSEA Partnerships in Environmental Management for +1-302-831-3668; e-mail: [email protected]; internet: http:// the Seas of East Asia www.globaloceans.org/globalconferences/2008/index.html RFMO regional fisheries management organization SBI Subsidiary Body for Implementation SBSTA Subsidiary Body for Scientific and Technological Advice SEAFO South East Atlantic Fisheries Organization SIDS Small Island Developing States UNCED United Nations Conference on Environment and Development UNCLOS UN Convention on the Law of the Sea UNDP UN Development Programme UNEP UN Environment Programme UNESCO UN Educational, Scientific and Cultural Organization UNGA UN General Assembly WSSD World Summit on Sustainable Development Vietnamese dancers entertained delegates
About the Global Forum The Global Forum is comprised of ocean leaders from govern- ments, non-governmental organizations, international and intergovernmental organizations, the private sector, and scien- tific associations with the purpose of advancing the global oceans agenda. “Advancing the global oceans agenda” is meant as: 1) promoting the implementation of international agree- ments related to oceans, coasts, and small island developing States (SIDS), especially the goals emanating from the 2002 WSSD; 2) analyzing new emerging issues such as improving the governance regime for ocean areas beyond national jurisdic- tion; and 3) promoting international consensus-building on unresolved ocean issues. The Global Forum was first mobilized in 2001 to help the world’s governments highlight issues related to oceans, coasts, and SIDS on the agenda of the 2002 World Summit on Sustainable Development, and was later formalized at the WSSD in Johannesburg. The Global Forum is a response to per- ceived needs for fostering cross-sectoral dialogue on ocean issues among governments, NGOs, international organizations, and the private and scientific sectors; constant advocacy for oceans at the highest political levels; and the imperative of tak- ing an ecosystem-based and integrated approach to oceans gov- ernance at national, regional, and global levels, including treat- ing the water system—from freshwater, to coasts, to oceans— as the interlinked system that it is. Since 2001, the Global Forum has involved ocean experts rep- resenting all sectors from 93 countries; organized four Global Conferences (in 2001, 2003, and 2006 at UNESCO in Paris, and in Hanoi, Vietnam in 2008); organized the Ocean Policy Summit in Lisbon in 2005 documenting experiences with inte- grated oceans governance in over 20 countries and 4 regions around the world; prepared a number of reports on the imple- mentation of the WSSD ocean targets, reports on ocean issues in island states for the 2005 Mauritius International Meeting, and reports on capacity development needs on ocean and coastal management in 8 world regions; and provided a series of Internet information services, including periodic newsletters. For information about the Global Forum, please see the Global Forum Website at http://www.globaloceans.org."
19 Steering Committee, Global Forum on Oceans, Coasts, and Islands
CO-CHAIRS Guillermo Garcia Montero, President, Mary Power, Director, Resource Vladimir Golitsyn, Professor of National Aquarium, Havana, Cuba Mobilization Office, World Meteorological International Law, Moscow State Biliana Cicin-Sain, Director, Gerard J. Magnus Ngoile, Team Leader, Marine Association University of International Relations Mangone Center for Marine Policy, and Coastal Environmental Management Cristelle Pratt, Director, South Pacific Lynne Hale, Director, Marine Strategy, University of Delaware (also Head of Project (MACEMP), Ministry of Natural Applied Geoscience Commission The Nature Conservancy Secretariat, Global Forum) Resources and Tourism (SOPAC), Fiji Art Hanson, former Ministerial Ocean Patricio A. Bernal, Executive-Secretary, Rolph Payet, Advisor to the President, Diane Quarless, Chief, Small Island Ambassador, Department of Fisheries and Intergovernmental Oceanographic Seychelles Developing States Unit, UNDESA Oceans, Canada, member of the Canadian Commission, UNESCO, Paris, France Lori Ridgeway, Director-General, John Richardson, Head, Maritime Policy Foundation for Innovation (CFI) Veerle Vandeweerd, Director, International Coordination and Policy Task Force, European Commission Gregor Hodgson, Director, Reef Check Environment and Energy Group, United Analysis, Department of Fisheries and Nations Development Programme Anne Rogers, United Nations Paul Holthus, Executive Director, World Oceans, Canada, and Camille Mageau, (UNDP) Department of Economic and Social Ocean Council Director, Marine Ecosystems Conservation Affairs (UNDESA) Gunnar Kullenberg, Independent Branch, Department of Fisheries and GOVERNMENTAL Eduard Sarukhanian, Director, World- Consultant and former Executive Oceans, Canada Weather-Watch-Applications, World Secretary, Intergovernmental David Balton, Deputy Assistant Secretary Mario Ruivo, Intersectoral Meteorological Organization (WMO), Oceanographic Commission (IOC) for Oceans and Fisheries, Bureau of Oceanographic Commission, Ministry Switzerland Dan Laffoley, World Commission on Oceans, U.S. Department of Science, Technology, and Higher Dann Sklarew, Director and Chief Protected Areas-Marine, IUCN of State Education, Portugal Technical Advisor, GEF, IW:LEARN Carl Lundin, Head, IUCN Marine Phil Burgess, Director, Cetacean Policy Indroyono Soesilo, Chairman, Agency Asterio Takesy, Director, Secretariat for Programme and Recovery, Department of the for Marine and Fisheries Research, Environment and Water Resources, the Pacific Regional Environment Dawn Martin, President, Sea Web, USA Department of Marine Affairs and Programme Australia Fisheries, Indonesia Gerald Miles, The Nature Conservancy, Khulood Tubaishat, Advisor, Nguyen Chu Hoi, Director, Institute Ambassador Enele S. Sopoaga, Tuvalu, Pacific Region, Brisbane, Australia The Regional Organization for the of Fisheries Economics and Planning, Former Vice-Chair, Alliance of Small Iouri Oliounine, Executive Director, Conservation of the Environment of the Ministry of Agriculture and Rural Island Developing States (AOSIS) International Ocean Institute, Malta Red Sea and Gulf of Aden (PERSGA) Development, Vietnam Pietro Parravano, President, Institute for Chika Ukwe, Torkil J. Clausen, Managing Director, INTERGOVERNMENTAL Industrial Development Fisheries Resources, World Fisheries DHI Water Policy and Senior Adviser, Officer (International Waters), United Salvatore Arico, Programme Specialist, Forum Global Water Partnership Nations Industrial Development Ecological Sciences, UNESCO Organization (UNIDO) Sian Pullen, Independent Consultant, Aldo Cosentino, Director-General, Julian Barbiere and Stefano Belfiore, New Zealand, and former Head of Directorate for Nature Protection, Sea Marjo Vierros, Visiting Professor, Intergovernmental Oceanographic European and Middle East Marine Protection, Ministry for Environment and Institute of Advanced Studies, United Commission, France Program, WWF International, UK Protection of the Territory, Italy Nations University, Vancouver Chua Thia-Eng, Partnership in Victoria Radchenko, Director, Margaret Davidson, Director, Coastal Eugenio Yunis, Chief, Sustainable Environmental Management for the Seas International Ocean Institute, Ukraine Services Center, National Oceanic and Development of Tourism World Tourism of East Asia (PEMSEA), IMO/UNDP/GEF, Tony Ribbink, Director, Sustainable Atmospheric Administration (NOAA), Organization Philippines Seas Trust USA A.H. Zakri, Director, Institute of Anjan Datta, Global Programme for the Evelia Rivera-Arriaga, Centro de Antonio Diaz de Leon, Director-General, Advanced Studies, United Nations Protection of the Marine Environment Ecologia, Pesquerias y Oceanographia del Environmental, Regional Integration and University, Yokohama from Land-Based Activities, The Hague Golfo de Mexico (EPOMEX), Mexico Sectoral Policy, Environment and Natural Resources Ministry (SEMARNAT), Mexico Ahmed Djoghlaf, Executive Secretary, NONGOVERNMENTAL Nirmal Jivan Shah, Chief Executive, Convention on Biological Diversity Nature Seychelles Ambassador Angus Friday, Chair, Milton Asmus, International Alliance of Small Island States (AOSIS), Al Duda, Senior Advisor, International Representative, Brazilian Agency for Alan Simcock, former Executive Permanent Representative of Grenada to Waters, Global Environment Facility Coastal Management Director, OSPAR, and former Co-Chair, UN Informal Consultative Process on the United Nations (GEF) Awni Behnam, President, International Ocean Affairs and Law of the Sea Gi-Jun Han, Ministry of Maritime Affairs Marea E. Hatziolos, Senior Coastal and Ocean Institute, Malta Nancy Targett, Dean, University of and Fisheries, Republic of Korea Marine Specialist, Environment Charles A. Buchanan, Administrator Department, The World Bank Delaware College of Marine and Earth Elie Jarmache, Chargé de Mission, Luso-American Development Foundation, Studies Secrétariat Général de la Mer, France Indumathie Hewawasam, Consultant to Portugal Kristian Teleki, International Coral Reef The World Bank Simon Cripps, Magnus Johannesson, Secretary-General, Director, Global Marine Action Network, Switzerland Ministry for the Environment, Iceland Andrew Hudson, Principal Technical Programme, World Wide Fund For Advisor, International Waters, UNDP/GEF Nature (WWF) International Hiroshi Terashima, Executive Director, Ambassador Jagdish Koonjul, Institute for Ocean Policy, Ocean Policy David Johnson, Executive Secretary, Richard Delaney, Mauritius, former Chair, Alliance of Small Executive Director, Research Foundation, Japan Island States (AOSIS) OSPAR Convention, London Center for Coastal Studies, Provincetown, Vladimir Mamaev, GEF Regional Massachusetts, USA Chris Tompkins, Independent Gerhard Kuska, Associate Director Consultant and formerly DEFRA, UK and Director of Ocean and Coastal Policy, Technical Advisor, UNDP, Europe and the Annick de Marffy, former Director of White House Council on Environmental CIS, Slovak Republic Division of Ocean Affairs and Law of the Grant Trebble, African Marine and Quality, USA Franklin McDonald, Adviser, UNEP Sea (UNDOALOS), United Nations Coastal Resource Over-exploitation Caribbean Environment Programme International Consultant Prevention Strategy (AMCROPS), South Tom Laughlin, Deputy Director, Africa International Affairs Office, National (UNEP/CEP), and former Director, Sylvia Earle, Chair, Deep Ocean Oceanic and Atmospheric Administration National Environmental Policy Agency, Exploration and Research (DOER), and Philippe Vallette and Manuel Cira, (NOAA), USA Jamaica Explorer-in-Residence, National NAUSICAA, France, and the World Ocean Network Haiqing Li, Deputy Director-General, Vaclav Mikulka, Director, UN Division Geographic Society State Oceanic Administration (SOA), for Ocean Affairs and the Law of the Sea Charles Ehler, Consultant to UNESCO David VanderZwaag, IUCN Specialist Group on Ocean Law and Governance China Ali Mohamed, Coordinator, Coastal and Julius Francis, Executive Secretary, Trust John Low, Adviser to the Minister of Marine Secretariat, New Partnership for Western Indian Ocean Marine Science Marine Resources for the Cook Islands Africa’s Development (NEPAD), Kenya Association, Tanzania * Please note: Members of the Steering Rejoice Mabudafhasi, Deputy Minister Satya Nandan, Secretary-General, Serge Garcia, Independent Consultant, Committee participate in their individual of Environmental Affairs and Tourism, International Seabed Authority, Jamaica and Former Director, Marine Fisheries capacities. South Africa Tiago Pitta e Cunha, Member, Cabinet Resources Division, Food and Agriculture Jan Mees, Director, Flanders Marine of Fisheries and Maritime Commissioner, Organization (FAO) Institute, Belgium European Commission Matthew Gianni, Political Advisor, Deep Sea Conservation Coalition, Netherlands
20
Global Forum on Oceans, Coasts, and Islands
Gerard J. Mangone Center for Marine Policy
301 Robinson Hall, University of Delaware Newark, Delaware 19716 USA Telephone: +1-302-831-8086 Fax: +1-302-831-3668 www.globaloceans.org
See coverage of 2008 Global Oceans Conference at:
World Ocean Observatory http://www.thew2o.net/goc2008/goc2008.htm
Global Oceans Conference 2008 YouTube Channel http://www.thew2o.net/goc2008/goc2008.htm
International Institute for Sustainable Development – Reporting Services (IISD-RS) http://www.iisd.ca/ymb/sdoh4/ December 2008
Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options
Executive Summary
November 3-5, 2008, Singapore
Organized by the Global Forum on Oceans, Coasts, and Islands, the National Parks Board, Singapore, and the University of Delaware Gerard J. Mangone Center for Marine Policy, with funding support from the Nippon Foundation, Japan, and the Global Environment Facility The Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options was the third in a three-part series of workshops examining issues and options pertaining to the governance of marine areas beyond national jurisdiction. It was organized by the Global Forum on Oceans, Coasts, and Islands, the Gerard J. Mangone Center for Marine Policy at the University of Delaware, and the National Parks Board, Singapore, with funding support from the Nippon Foundation, Japan, and the Global Environment Facility.
The Workshop was part of an informal process to bring together major relevant interests to facilitate open and constructive multi-stakeholder dialogue to inform and support the formal processes which have been or may be established by the UN General Assembly regarding this issue. The intent is to contribute to clarifying the issues, laying out various perspectives, developing options, and identifying possible avenues for consensus-building among disparate interests.
We acknowledge, with sincere thanks, individuals who played a key role in the organization of the Workshop: Miriam Balgos Nigel Goh Sumathi Krisinasamy Leong Chee Chiew Rachel Lim Li-feng Kat McCole Yang Shufen Caitlin Snyder Siti M. Yaakub
Note to readers: This report should be cited as: Miriam C. Balgos, Caitlin Snyder, Biliana Cicin-Sain, David Freestone, and Chris Tompkins. 2008. Executive Summary: Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. The report is available online at http://www.globaloceans.org. Executive Summary Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options November 3-5, 2008, Singapore
By Miriam C. Balgos,1 Caitlin Snyder,1 Biliana Cicin-Sain,2 David Freestone,3 and Chris Tompkins,4
Workshop Co-Chairs Dr. Biliana Cicin-Sain, Global Forum on Oceans, Coasts, and Islands Mr. David Freestone, World Bank Ambassador Mary Seet-Cheng, Ministry of Foreign Affairs, Singapore Mr. Eden Charles, Permanent Mission of Trinidad and Tobago to the United Nations Dr. Salvatore Arico, UNESCO, Co-Chair of the Working Group
(Authors’ Note: Any errors or omissions in this report are the responsibility of the authors in their individual capacities.)
1 University of Delaware and Global Forum Secretariat 2 University of Delaware, Global Forum Co-Chair and Head of Secretariat 3 The George Washington University Law School 4 Independent Consultant, UK
i ii Draft for Review, December 3, 2008 Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options November 3-5, 2008, Singapore Executive Summary
Background maritime transportation; pollution; off- held in Hanoi, Vietnam, April 7-11, 2008 shore oil and gas development; marine A report on these two workshops was sub- The Global Forum on Oceans, Coasts, and scientific research; climate change; carbon mitted to the Second Meeting of the UN Ad Islands has, since 2001, brought together capture and storage) through an integrated Hoc Open-ended Informal Working Group ocean leaders from governments, UN agen- and ecosystem-based approach. There are, to study issues relating to the conservation cies, NGOs, the private sector, and science moreover, significant differences of opinion and sustainable use of marine biological di- groups from 105 countries to advance the among developed and developing coun- versity beyond areas of national jurisdiction global oceans agenda, particularly the im- tries, industries, and environmental held in New York on April 28-May 2, 2008.1 plementation of the ocean targets from The interests, on what, if anything, needs to be The Singapore Workshop builds on the two World Summit on Sustainable Develop- done to improve governance of these im- workshops noted above and continuing ment and addressing new challenges such portant ocean areas. as climate change and governance of ma- work carried out by the Global Forum’s Ex- This Workshop is part of a series of rine areas beyond national jurisdiction. pert Working Group on Governance of workshops, policy analyses, and multi- Since 2005, the Global Forum has been en- Marine Areas Beyond National Jurisdiction, stakeholder dialogues being carried out gaged in an informal process to bring which includes 72 experts from both devel- under the Project Governing the Oceans together major relevant interests to facili- oped and developing countries and from a Beyond National Jurisdiction: Multistake- tate open and constructive multi- broad range of sectors including national holder Policy Analyses and Policy stakeholder policy dialogue to inform and governments, academia, UN agencies, in- Dialogues for Improved Ocean Gover- support the formal processes that have tergovernmental organizations, nongov- nance, supported by the Nippon been or may be established by the United ernmental organizations, and industry and Foundation, Japan, and carried out at the Nations General Assembly regarding gov- is co-chaired by Salvatore Arico, UNESCO, University of Delaware Gerard J. Mangone ernance of marine areas beyond national and Sivu Maqungo, Permanent Mission of Center for Marine Policy, which included jurisdiction. The general intent is to work South Africa to the United Nations. two past workshops: to clarify the issues, lay out various per- spectives, discuss options, and identify • Strategic Planning Workshop on Global Purpose of the possible avenues for consensus-building Oceans Issues in Marine Areas Beyond Singapore Workshop among disparate interests. National Jurisdiction in the Context of Climate Change, January 23-25, 2008, The Singapore Workshop aimed to provide The question of governance of the 64% of Nice, France expert and multi-stakeholder perspectives the oceans that lies beyond national juris- • Workshop on Ecosystems and Uses in Ma- on addressing important issues related to diction looms as a major issue that rine Areas Beyond National Jurisdiction, the governance of marine areas beyond na- countries will need to address and negoti- held on April 5, 2008 as part of the tional jurisdiction, specifically by: ate over in the next decade. While there has Fourth Global Conference on Oceans, been substantial progress in recent years in 1. Assessing each of the major management Coasts, and Islands: Advancing Ecosys- achieving integrated oceans governance in options for improved governance of ma- tem Management and Integrated areas under national jurisdiction and in re- rine areas beyond national jurisdiction Coastal and Ocean Management by gional seas areas, governance of areas (ranging along a continuum of enhanc- 2010 in the Context of Climate Change beyond national jurisdiction at present re- ing institutional capacity for ecosystem- mains largely sectorally-based and 1Cicin-Sain, B., S. Maqungo, S. Arico, and M. Balgos. 2008.Submission of the Global Forum on Oceans, Coasts, and Islands to the fragmented. Thus, it is difficult to address UN Ad Hoc Open-Ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biologi- cal diversity beyond areas of national jurisdiction New York, 28 April – 2 May 2008. Available online at interconnected issues (such as fishing is- http://www.globaloceans.org/globalconferences/2008/pdf/GlobalForumSubmission-2ndAdHocWGMeeting-April2008-red.pdf. sues; extraction of genetic resources; 1 based management), building on the Chairman of the Preparatory Committee and the Special Address by outcomes of the Nice Workshop and of Main Committee of the UN Conference on Envi- the Hanoi Conference; ronment and Development, 1990-1992), in an in- Singapore Ambassador spiring keynote address. 2. Addressing the following focal areas in Tommy Koh Funding support for the workshop from the Nippon the management of marine genetic re- Ambassador Tommy Koh provided the sources: Identifying opportunities and en- Foundation, Japan, and the Global Environment Facility is greatly appreciated. opening keynote address on whether the hancing understanding of values and existing international conventions, such as processes, and issues related to intellec- The workshop also took note and reviewed the United Nations Convention on the Law tual property, options for access and bene- progress made in the past year in both the of the Sea (UNCLOS), adequately address fit sharing, and governance gaps, taking formal UN process and in informal venues emerging governance issues on the use of into account the outcomes of the 8th (see Box 2). marine living resources in areas beyond na- meeting of the UN Open-ended Infor- tional jurisdiction as opposed to non-living Box 2. Efforts carried out in 2007- mal Consultative Process on Oceans resources in the deep seabed beyond na- 2008 and planned for in 2008-2009 and the Law of the Sea (ICP-8, June tional jurisdiction from his perspective as to advance discussion on the gover- 2007) and the second meeting of the former President of the Conference that ne- nance of marine areas beyond UN Ad Hoc Open-ended Informal gotiated UNCLOS (Annex 1). Working Group to study issues relating national jurisdiction. to the conservation and sustainable use Formal Process of marine biological diversity beyond Discussion of Major 1. Second Meeting of the UN Ad Hoc Open-Ended areas of national jurisdiction (April- Topics Informal Working Group to study issues relat- May 2008); ing to the conservation and sustainable use 3. Discussing priority activities that might of marine biological diversity beyond areas of 1. Major Options for Moving Toward be taken to move toward ecosystem-based national jurisdiction, April 28-May 2,2008, Ecosystem-Based Management of governance of marine areas beyond na- New York Marine Areas Beyond National Jurisdiction tional jurisdiction (including the Arctic) 2. UN General Assembly discussions, Fall 2008 that could be considered for support It is generally agreed that there is much ex- Informal Process through future Global Environment Fa- perience in how to move toward cility (GEF) funding. 1. IUCN Workshop on High Seas Governance for ecosystem-based integrated management at The Workshop was co-chaired by Biliana the 21st Century, October 17-19, 2007, New national levels and at regional levels and York, New York Cicin-Sain, Global Forum on Oceans, that much can be learned from examining Coasts, and Islands; David Freestone, World 2. Strategic Planning Workshop on Global Oceans these experiences. Ecosystem-based inte- Bank; Ambassador Mary Seet-Cheng, Min- Issues in Marine Areas Beyond National Ju- grated ocean and coastal management is istry of Foreign Affairs, Singapore; Eden risdiction in the Context of Climate Change, well rooted in international instruments January 23-25, 2008, Nice, France Charles, Permanent Mission of Trinidad and adopted at various fora, starting with Tobago to the United Nations; and Salvatore 3. International Seminar on Towards a New Gov- Agenda 21 at the 1992 UN Conference on Arico, UNESCO, Co-Chair of the Working ernance of High Seas Biodiversity, March 20- Environment and Development (UNCED) Group. 21, 2008, Monaco and continuing with the Plan of Implemen- 4. Workshop on Ecosystems and Uses in Marine tation of the 2002 World Summit on Box 1. Acknowledgements Areas Beyond National Jurisdiction, April 5, Sustainable Development (WSSD) and re- 2008, Hanoi, Vietnam Sincere appreciation is expressed by the Work- lated instruments. At the national level, shop organizers to the Singapore hosts, the Na- 5. International conference on marine affairs and about 40 nations (incorporating about tional Parks Board of Singapore (NParks), the Law of the Sea, Fridtjof Nansen Institute, three-quarters of the world’s Exclusive Eco- especially Dr. Leong Chee Chiew, Mr. Wong Tuan Oslo, Norway, August 21-23, 2008 nomic Zones) have moved toward Wah, and Dr. Nigel Goh of the National Parks 6. IUCN World Conservation Congress, October 5- integrated ecosystem-based management by Board, and Ambassador Mary Seet-Cheng of the 14, 2008, Barcelona, Spain establishing national ocean policies. At the Ministry of Foreign Affairs, Singapore. The great 7. Perspectives from the French Presidency of the regional trans-boundary level, the applica- support provided by the NParks staff for an effi- European Union, Fall 2008 tion of ecosystem-based and integrated ciently conducted workshop is sincerely acknowl- management has taken place, to varying de- edged. 8. Plans for 2012 Marine Targets: European Ma- rine Strategy and Issues in High Seas, Brest, grees, in the 16 Large Marine Ecosystems The Workshop greatly benefited from the wisdom France, December 9-11, 2008 supported by the Global Environment and experience of Ambassador Tommy Koh, Am- Facility and in the 18 Regional Seas Pro- bassador-At-Large, Ministry of Foreign Affairs, 9. Plans for an Intergovernmental Platform on Bio- grammes. and Chairman of the Institute of Policy Studies, diversity and Ecosystem Services Singapore (President of the Third UN Conference 10. Plans for the World Ocean Conference, May In general, some commonalities in moving on the Law of the Sea, 1980-1982, and 11-15, 2009 toward ecosystem-based and integrated
2 management at both national and regional Participants at the Nice Workshop also The second meeting of the UN Working levels are:2 identified a range of options for enhancing Group stressed the urgent need to address 1. Enunciation and application of cross-sectoral institutional capacity.The op- the conservation and sustainable use of ma- governing principles tions range from “sectoral” on the left side rine biodiversity beyond areas of national 2. Development of capacity for area-based of the continuum to “most cross-sectoral” jurisdiction and noted that some progress assessment, planning, and ultimately on the right side of the continuum. For ex- had been made since 2006 but that further decision-making ample, on the “sectoral” side, the options efforts were needed. It further noted that all include the strengthening of existing sec- issues related to oceans are interrelated and 3. Development of institutional capacity toral authorities and use of codes of should be addressed in an interdisciplinary, for addressing interactions among uses conduct. In the middle of the continuum intersectoral and comprehensive manner and their effects on biodiversity and are options such as introducing some form and that the United Nations Convention on the environment of cross-sectoral coordination, for example the Law of the Sea sets out the legal frame- 4. Development of capacity for a regular meeting (or council) of the work for all activities in the oceans and seas enforcement sectoral authorities, or area-wide environ- and is complemented by a number of other 5. Funding to support the management mental review. Existing institutional conventions and instruments. The essential interventions. frameworks such as UNICPOLOS or UN- role of science and the need for further sci- The discussions at the Nice Workshop Oceans might possibly be adapted to play entific research were noted as was the need conceptually identified the wide range of such a role. On the “most cross-sectoral” for increased capacity-building for develop- options available to improve the governance end of the continuum, options include, for ing States. The Co-Chairs of the UN of marine areas beyond national jurisdic- example, expansion of the mandate of the Working Group considered that there was tion. The options identified include:3 International Seabed Authority (toward a a need for ongoing consideration by the • Enhanced implementation of existing multiple use mandate), establishment of a General Assembly of these issues, in international instruments and their Stewardship Council to govern areas be- particular within the framework of the scope of application yond national jurisdiction, and use of the Working Group. The following could be UN Trusteeship Council (Fig. 1).4 more particularly considered: effective • Voluntary codes of conduct The Hanoi workshop then provided an op- implementation/enforcement of existing in- • More effective implementation, struments; the strengthening of cooperation strengthening of, or extending, portunity to assist in the process of collecting relevant information on these op- and coordination at all levels and across all mandates of existing institutions such sectors, including enhanced cooperation in as Regional Fisheries Management tions that may contribute information to the second meeting of the United Nations Gen- capacity-building for developing countries; Organizations (RFMOs) and Regional development and implementation of effec- Seas Programmes (RSPs) eral Assembly Ad Hoc Open-ended Informal Working Group to study issues re- tive environmental impact assessments as a • Forming new regional institutions as re- lating to the conservation and sustainable tool for improving ocean management; quired use of marine biological diversity beyond development and use of area-based man- • A new Global Programme of Action on areas of national jurisdiction (New York, 28 agement tools; practical measures to address biodiversity in areas beyond national April – 2 May 2008). The Hanoi workshop the conservation and sustainable use of ma- jurisdiction focused discussion on the continuum of co- rine genetic resources in ABNJ; and • A new implementing agreement to the herent policy options from sectoral to enhanced marine scientific research in rela- 6 United Nations Convention on the Law cross-sectoral global solutions, and on the tion to marine biodiversity in ABNJ. of the Sea (UNCLOS) in relation to next steps needed for developing and ap- activities in marine areas beyond plying a set of evaluative criteria to examine Criteria for Assessing Managing national jurisdiction each option in the continuum. The out- Options • An amendment to UNCLOS comes of the Nice and Hanoi workshops Based on the recommendations from the • A Protocol to the Convention on were presented to the Ad Hoc Working Nice and Hanoi workshops, the need for a Biological Diversity (CBD) Group meeting through a statement read more systematic assessment of management • Other possible approaches to be and disseminated in print form during the options was addressed in the Singapore determined. meeting.5 workshop. The options should be described
2Cicin-Sain, B., D. VanderZwaag and M. Balgos. Introduction. Integrated National and Regional Ocean Policies: Comparative Practices and Future Prospects (forthcoming in 2009). 3Cicin-Sain, B. and D. Freestone. 2008. Report from the Strategic Planning Workshop on Global Ocean Issues in Marine Areas Beyond National Jurisdiction in the Context of Climate Change, Nice, France, January 23-25, 2008. 4Cicin-Sain, B., S. Maqungo, S. Arico, and M. Balgos. 2008. Submission of the Global Forum on Oceans, Coasts, and Islands to the UN Ad Hoc Open-Ended Informal Working Group to study issues re- lating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction New York, 28 April – 2 May 2008. 5Ibid. 6Joint Statement of the Co-Chairs of the Second Meeting of the UN Ad Hoc Open-Ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction, April 28-May 2, 2008, New York. Available: http://daccess-ods.un.org/access.nsf/Get?Open&DS=A/63/79&Lang=E
3 vation and sustainable use of marine biodi- Figure 1. Continuum of Options for Enhancing Cross-Sectoral versity in areas beyond national jurisdiction Institutional Capacity. be in line with the Convention; 2) whether there is a need for an integrated approach Sectoral Cross-Sectoral and how can this be achieved consistent with the Convention; 3) whether there is a need for an ecosystem-based approach and Sectoral Authorities— Some Sectoral Coordination Cross-Sectoral Coordina- how can this be achieved consistent with Global and Regional tion/ New or Enhanced • Council of sectoral authorities the Convention; 4) how should cooperation Institutions • Use of codes of conduct • Area-based impact assessment, and coordination between the sectorally- • Enhanced enforcement and planning and decisionmaking • Expanded International based approaches undertaken by national, Seabed Authority compliance • Expanded UNICPOLOS regional, and global institutions be en- • New Global Programme of • Improvement of fisheries • Expanded UN-OCEANS hanced; 5) what elements would be management organizations Action necessary to make an implementing agree- (RFMOs) • Stewardship Council ment to UNCLOS both useful and effective; • Regional experimentation • UN Trusteeship Council and 6) what is the meaning of UNCLOS as a “living Constitution” for the oceans. in more detail, with the objectives, scope, The need for an integrated approach to Other considerations put forward to guide principles, content and modalities, devel- management of ocean space was empha- the discussion under this topic included opment, and review and monitoring of each sized. Similarly, the need for systematic employing the CBD framework (within the management option clearly presented. This mapping, inventory,and assessment, as well limits of its mandate), giving the charge to assessment of each option would examine as detailed marine spatial planning,9,10 was the UN Open-ended Informal Consultative the benefits and consequences (including underscored. It was pointed out that Process on Oceans and the Law of the Sea potential unintended consequences), out- Agenda 21 and the WSSD goals remain in- (ICP) to agree to a particular framework, or line the costs associated with the option, the sufficient to serve as future policy leaving the UNCLOS States parties to de- feasibility and ease of implementation, and guidelines on the issue of areas beyond na- velop a formula.11 effectiveness and efficiency of the option.7 tional jurisdiction and that a new,integrated Considering the options noted in the con- Options should be evaluated according to and holistic approach to management of tinuum, the discussion on the criteria for particular criteria, such as: 1) ecological ocean space is needed to secure a legal order assessing the management options, and the (e.g., meets important ocean stewardship on the oceans, promote peaceful use, con- presentations and papers submitted for the objectives; protects the ecological function serve natural resources, and protect the workshop, three groups of options were of oceans, including oceans/climate func- environment. Such an approach covers both examined in greater detail: 1) Improve- tioning; protects marine biodiversity); 2) the Exclusive Economic Zones and areas ments to Sectoral Processes; 2) Achieving developmental and managerial (promotes beyond national jurisdiction (ABNJ). Cross-Sectoral Coordination and Initiat- sustainable development; addresses con- It was pointed out that it is crucial to con- ing Area-wide Environmental Impact flicts and problems among ocean uses; tinue carrying out scientific research and Assessment; and 3) Establishing New Man- provides a capacity for area-based assess- information- sharing to address the dearth agement Institutions or Enhancing Existing ment, planning, and decision-making; 3) of data on oceans, including the develop- Institutions to Govern Marine Areas Beyond societal (incorporates equity among nations ment of a marine inventory of areas beyond National Jurisdiction. and between current and future genera- national jurisdiction. There was also dis- tions); and 4) procedural/programmatic cussion about the usefulness of considering Improvements to Sectoral Processes (incorporates science-based decision-mak- the various management options using a The section discusses sectoral activities that ing; is consistent with existing international number of questions related to the UNC- contribute to improved governance and bet- law and policy; incorporates public trans- LOS framework, including: 1) the adequacy ter ecosystem outcomes in ABNJ.12 Fisheries parency and accountability; is feasible — of UNCLOS and what would be needed to was the only sectoral example discussed in politically, financially, administratively.8 ensure that any implementing agreement detail in the session, but much of the dis- eventually developed to address the conser- cussion applies more generally. Discussion
7Cicin-Sain. General Perspectives and Criteria for the Assessment of Management Options. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options November 3-5, 2008, Singapore. 8Ibid. 9Marine spatial planning (MSP) is an ecosystem-based approach to promoting ocean use management. MSP results in a comprehensive marine spatial plan for an area or ecosystem and is usually implemented through zoning maps, regulations, and a permit system. 11Terashima, H. Holistic Approach to Management of Ocean Space. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. 12Charles, E. Major questions to consider when considering the management options. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. 4 focused on the role of sectoral management, exist for such approaches, although imple- on the ecosystem, rests on the legitimate in- the fit of sectoral activities in cooperative mentation gaps need filling, including terests of other bodies and processes. By governance models, the need to understand knowledge gaps and management capacity enabling all key sectoral bodies to adopt sectoral management contexts in reality,and building. It was also noted that specifics of similar approaches – ecosystem based man- practical meaning of such terms as “the the agendas of other sectors also need to be agement, precautionary approach, impact need for cross-sectoral collaboration.” It understood. Emphasis was also placed on assessments – a common language could be was argued that a lack of a shared apprecia- the need for better collaboration and inte- established among sectoral bodies to enable tion among oceans, biodiversity and gration among international institutions, as them to cooperate and coordinate effec- sectoral communities of interest on often one aspect of better integrated management, tively, laying a basis for more integrated complex sectoral management challenges as well as performance review processes. management where necessary. and developments, and on goals and roles Not all opportunities for cross-sectoral co- they might play in possible integrated gov- operation and leverage for conservation Achieving Cross-sectoral Coordina- ernance has led to confusion among outcomes (thus contributing to responsible tion and/or Initiating Area-wide communities that may hinder collaboration use of ABNJ) need enabling by organized in- Environmental Impact Assessment and trust among players in the agenda. An tegrated management (answering, in part, a This section builds on the preceding dis- inclusive paradigm for sectoral roles in in- question as to whether “spontaneous” col- cussion by clarifying that workable tools are tegrated management in ABNJ was put laboration across sectors is realistic). available to help achieve cross-sectoral co- forward as an illustrative and scalable model Examples include cooperation between ordination. It was pointed out that oceans of “cooperative governance,” aimed at de- maritime and fisheries expertise in port beyond national jurisdiction are suffering livering healthier ecosystems, reduced state inspections; cooperation between mar- from increasing environmental impacts now biodiversity loss, and associated economic itime and fisheries interests regarding compounded by the effects of climate and social goals.13 transshipment; the synergy between do- change. The synergistic effects of these im- Robust sectoral management across all key main awareness for security and pacts, according to a 2008 UNEP report, sectors would be needed to support inte- monitoring, control and surveillance (e.g. “risk an unprecedented, dramatic and wide- grated planning processes, and to deliver regarding IUU fishing); food marketing and spread collapse of marine ecosystems and shared goals through responsible sectoral education enabling informed, responsible fisheries within the next decades.” In order activities, which, in ABNJ, may be achieved consumption; integrated tracking and trace- to safeguard ocean health and resilience in in the shorter term from stronger sectoral ability that exploits both catch certification a changing climate, it was suggested that management and voluntary collaborative and emerging private marketing standards. governance of oceans in ABNJ needs to re- integrated management initiatives. Exam- Thus, the fisheries example shows that the flect a new imperative: maintaining ples of how fisheries management absence of formal integrated management structure, function and biodiversity of contributes to integrated ecosystem-based does not leave the ABNJ landscape devoid ecosystems to enhance resilience to management include: 1) Application of the of regulation or tools for better manage- change.14 The United Nations Conference ecosystem approach to fisheries (EAF); 2) ment, or modernization of management to on Environment and Development collection of new data and information es- improve conservation outcomes. However, (UNCED), it was recalled, emphasized the pecially related to ecosystems; 3) it was well recognized that appropriate co- critical linkage of marine environmental development of new science efforts and operative and coordinated management protection to sustainable development. mapping of both vulnerable marine ecosys- approaches would improve outcomes as The importance of ecosystem-based and tems (VMEs) and fishing footprints; 4) long as sectors are prepared to play their precautionary management to governance protection of VMEs (e.g., use of area and proper role in such systems. in ABNJ was underscored. Because marine time-based measures, by-catch); 5) ecosystems do not recognize political strengthened monitoring, surveillance and In general, there is a need to identify and boundaries, progress on ecosystem-based control; 6) development of new guidelines delimit the appropriate ‘entry points’ for management requires global cooperation. including most recently for management of more integrated approaches as well as the Though there may be different kinds of deep seas fisheries; 7) new work on port use of processes to assist this, for example, ecosystem approaches with different meth- state and flag state control and assessment; the IUCN high seas governance principles ods of application, it was put forward that and 8) single-stock sustainability con- as a check list or code of conduct for effec- there needs to be some common principles tributes to ecosystem health (e.g., tive action. It was recognized that the prime and objectives that are shared by all organ- protection of trophic relationships). responsibility for sustainable management of the sectoral resource – e.g., minerals or izations and sectors. Given the increasing The broader fisheries reform agenda was fish – lies with the sector, while the wider intensity of ocean uses and the impacts of discussed. It was noted that tools already sustainability issues, such as broader effects climate change, institutions will also need
13Ridgeway, L. Improvements in Sectoral Authorities and Processes. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. 14Currie, D. Achieving Cross-sector Coordination and/or Initiating Area-Wide Environmental Impact Assessment. Presentation given during the Workshop on Governance of Marine Areas Beyond Na- tional Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. 5 to evolve to respond quickly to new infor- ceived. The GEF should be encouraged a)Develop assessment processes, mation and uncertainties and to take to continue funding such initiatives, for including the assessment of cumulative cumulative and synergistic effects into ac- example, a program is needed in order impacts, of human activities with a po- count. For ocean areas, another challenge for the GEF to experiment with a num- tential for significant adverse impacts lies in integrating the various management ber of other ways of addressing ABNJ on the marine environment, living ma- approaches into a comprehensive and co- ecosystems, especially seamounts.15 rine resources and biodiversity in areas hesive plan that has the ecosystem approach It was pointed out that area-wide environ- beyond national jurisdiction; and as its central framework. There are, how- mental impact assessments have an b)Ensure that assessed activities with the ever, many lessons that can be learned from extensive basis in both hard and soft law potential for such significant adverse experiences in integrated coastal and ma- and are already being applied at the re- impacts are subject to prior authoriza- rine area management that should be gional, national and global levels.16 In tion by States responsible for nationals further studied. addition to provisions in UNCLOS, the and vessels engaged in those activities, It was emphasized that global level coordi- CBD, the London Convention, the Madrid consistent with international law, and nation and integration need not replace Protocols to the Antarctic Treaty and many that such activities are managed to pre- regional regulation or State control. Sec- regional seas agreements, there have also vent such impacts, or not authorized toral- based management has its advantages been calls for EIAs in Agenda 21, the JPOI to proceed. in terms of focused expertise and needs to of WSSD and UNGA resolution 61/105 with Some ideas were also put forward for be strengthened. Sectoral organizations, respect to high seas bottom fishing. There initiating area-wide EIA including: nevertheless, may be dominated by particu- is a treaty specifically on environmental im- • Actively supporting the development of lar industry interests. To effectively pact assessments in a transboundary scientific and technical guidance for implement the ecosystem approach, there context (the Espoo Convention), but it fo- EIAs and SEAs by the CBD; needs to be common principles and objec- cuses solely on impacts on neighboring • Developing and implementing tives as well as a process or mechanism to States. It does, however, provide a useful assessment procedures at State level for bring the sectoral and regional organiza- model for capacity building amongst par- vessels as well as nationals; tions and civil society together. ticipating States. • Providing financial assistance to In this regard, some important ideas were Many RFMOs and States are now grappling developing countries to develop proce- offered as to how to move towards practical with the requirement to conduct individual dures to implement EIAs for ABNJ implementation of EBM in the deep assessments of high seas bottom fishing as (e.g. in role as flag states); sea/high seas including: called for by an UNGA resolution, which • To implement the precautionary also requires RFMOs and States to manage • Further exploration of marine spatial approach, placing the burden of proof high seas bottom fishing to prevent signifi- planning as a practical tool for imple- on those who propose a specific activity cant adverse impacts, or not to allow it to menting the ecosystem approach. To do to show that it will not cause significant proceed. Implementation of the impact as- this there is a need to improve under- adverse impacts and that management sessment process required under UNGA standing of the human dimension of measures are in place to prevent such 61/105 has been uneven to date, under- ABNJ, including the use of ocean space, impacts. Responsible parties should be scoring the importance of a global review intensity, spatial and temporal extent, liable for environmental harm; process to spur performance improvements. and impacts through, e.g., information • To ensure that EIAs are more than just systems that integrate spatially refer- In May 2008, the Parties to the CBD a sectoral instrument, ensuring the enced environmental data, stakeholder adopted a decision calling for the creation assessment process allows for consider- uses, and jurisdictional boundaries. of scientific and technical guidance for EIAs ation of cumulative impacts; There is also a need to anticipate the and Strategic Environmental Assessments • Prior assessment and regulation under role of new and expanding uses of that can build on experience at the national, conservation and management meas- oceans. regional and sectoral level. In October 2008, ures to prevent significant adverse the IUCN World Conservation Congress • Selection of pilot sites for development impacts should become the sine qua adopted a motion building on the require- of a management plan based on the non for fishing or other activities on the ments in UNCLOS and the CBD, as well as ecosystem approach. The Global Envi- high seas. Bottom fishing and ocean the conditions set forth in UNGA res. ronment Facility (GEF) has already fertilization are already moving in 61/105. The World Conservation Congress funded four cases involving ABNJ and that direction. the subject has been eligible for financ- motion 43 urges Member States of the ing for a number of years; however, United Nations General Assembly to adopt In order to enhance cross-sectoral coordi- only very few requests have been re- a resolution calling on States to: nation and cooperation and improve
15Vierros, M. Towards the application of the ecosystem approach in the deep and open ocean: Cross-sectoral perspectives. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. 16Gjerde, K. Achieving Cross-Sectoral Coordination and/or Initiating Area-wide Environmental Impact Assessment. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. 6 institutional performance, discussions were f) Provide for some form of global level legal framework and emphasized the need held on the following options: review of regional and sectoral organi- for full and effective implementation of ex- a)Make the UN Open-ended Informal zations to identify progress and prob- isting instruments, including available Consultative Process on Oceans and the lems as well as to ensure accountability. principles and tools, and for the strength- Law of the Sea (ICP) a central coordi- While the global policy-setting role of the ening of existing institutions and nating body. ICP is a global forum that General Assembly was recognized, the com- arrangements and enhanced cooperation provides broad participation and thus plementary work of the CBD on scientific and coordination. Delegations were divided provides a good starting point. If it does and technical issues, including in relation as to whether an elaborated regime was not improve coordination, it could also to area-based management and impact needed within the framework of UNCLOS reconsider the need for a more elabo- assessments was also highlighted. Further- in relation to marine genetic resources or rate arrangement, such as a new more, a case study from Vietnam featured more generally to marine biodiversity con- institution. an institutional framework of cross-coordi- servation in areas beyond national b)Allocate one or two days of the ICP to nation which reflected the complexities of jurisdiction. Delegations who hold the view the consideration of the ecosystem ap- achieving integrated and harmonized na- that a new international regime was not proach and integrated activities in the tional-level management of seas and needed for marine genetic resources noted world ocean. All existing global and re- islands.17 that any such regime might hinder scientific gional organizations could be invited to research and innovation and would be dif- present their views, issues, and con- Establishing New Management ficult to monitor and enforce. Several cerns after which these organizations Institutions or Enhancing Existing country delegations highlighted the need would go back to governing bodies to Institutions to Govern Marine Areas for further consideration of intellectual discuss responses. The allocated days Beyond National Jurisdiction property rights relating to marine genetic would be in addition to, not instead of, resources beyond areas of national jurisdic- With regard to the “most cross-sectoral” 19 focused discussions at the ICP on tion. end of the institutional capacity continuum specific topics. Greenpeace has put forward a draft imple- (Figure 1), there was no opportunity at the mentation agreement to elicit what c)Enhance coordination and cooperation Singapore meeting to discuss in detail op- elements are needed and what text could be through direct mechanisms such as mu- tions such as expanding the mandate of the drawn upon, and to show that an imple- tual participation by regional seas and International Seabed Authority, creating a menting agreement for the conservation regional fisheries organizations in each new Global Programme of Action, estab- and management articles of UNCLOS is other’s meetings and the development of lishing a Stewardship Council, or using the achievable. The agreement is to be estab- memoranda of understanding with and UN Trusteeship Council. Discussion of lished to coordinate and oversee ABNJ and between regional and global conserva- these options was deferred for future meet- high seas issues and address the major gaps, tion and sectoral organizations. ings to be organized by the Global Forum. and will comprise an intergovernmental d)Strengthen regional seas organiza- Nevertheless, analysis of some of these op- process and a broader involvement of stake- tions/arrangements and extend their tions was contained in some of the holders including the private sector.20,21 coverage and mandate into areas be- workshop materials put together for the Such an agreement, which should be yond national jurisdiction, where they Singapore workshop.18 do not already apply, and, where neces- founded upon previously established ocean There was discussion, instead, of the possi- sary, establish new ones. principles, needs to involve regional and ble value of creating an implementing sub-regional organizations. e)Establish a common set of principles agreement to UNCLOS addressing major is- The draft agreement builds on the UN Fish and objectives to provide an appropri- sues in the management of marine areas Stocks Agreement, which categorically in- ate environment for cooperation. The beyond national jurisdiction. mandates of sectoral organizations may cludes fisheries within the scope of the need to be broadened to incorporate At the second meeting of the UN Ad Hoc agreement, reflecting a current perception common environmental principles and Working Group in 2008, delegations gener- that fisheries are among the primary causes objectives. Incentives and funding can ally recognized that there were of damage to biodiversity in areas beyond also help. implementation gaps in the international national jurisdiction. The elements of the
17Nguyen Chu Hoi. Case study presented on the Vietnamese perspective on integrated management of coasts and oceans, including the high seas. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. 18Warner, R. Options to Strengthen the Environmental Regulation of Marine Genetic Resource Exploitation in Areas beyond National Jurisdiction. Paper prepared for the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. 19Joint Statement of the Co-Chairs of the Second Meeting of the UN Ad Hoc Open-Ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction, April 28-May 2, 2008, New York. Available: http://daccess-ods.un.org/access.nsf/Get?Open&DS=A/63/79&Lang=E 20Currie, D. The draft Greenpeace Implementing Agreement. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. 21Greenpeace. Suggested Draft High Seas Implementing Agreement for the Conservation and Management of the Marine Environment. Available: http://www.greenpeace.org/raw/content/international/press/reports/suggested-draft-high-seas-impl.pdf 7 text provide a model implementing agree- commercial application, the types of prod- poses and for the benefit of mankind as a ment for the conservation and management ucts developed and marketed by MGRs, and whole.. It is important to note that whether articles of UNCLOS with respect to biodi- the types of benefit-sharing agreements (if or not “bio-prospecting” is an activity which versity on the high seas. The authors noted any) that have been developed. The United falls under the definition of marine scien- that, where possible, the provisions of the Nations University–Institute of Advanced tific research and thus falls under the draft agreement, referenced throughout, Studies has developed an online database provisions of Part XIII, or is governed by the were taken or adapted from current regional tool, Marine Bioprospector, to provide in- Convention’s regime of exploitation of re- and international treaties and instruments. formation about bioprospecting activities in sources beyond national jurisdiction, The text was provided by way of suggestion Antarctica, the Pacific Island countries, ma- remains an issue with divergent view- and is subject to correction and clarification rine areas, and the Arctic.23 Information on points.24 22 as needed. deep seabed genetic resources remains dif- Intellectual property law can be examined Concerns were expressed that a new imple- ficult to find due to its commercially for its relevance in marine genetic resources menting agreement should address the sensitive nature, although several biotech- discovered in areas beyond national juris- systemic issues associated with the gover- nology companies are involved in the diction. Agreements include the Agreement nance of ABNJ, as well as enable area-based patenting of deep sea genetic resources, on Trade Related Aspects of Intellectual conservation. Existing area-based manage- product development and collaboration Property Rights (TRIPS)–Budapest Treaty ment initiatives such as the SPAMI with research institutions. (contains rules on patent criteria, disclosure (Specially Protected Areas of the Mediter- The existing legal instruments that apply to of the invention, and patent owners), the ranean Interest) and the establishment of marine genetic resources governance in- Madrid system (agreement and protocol on the Pelagos Sanctuary are good examples of clude the UN Convention on the Law of the trademarks/downstream intellectual prop- how ABNJ issues can be addressed within Sea (UNCLOS) and the Convention on Bi- erty), and the Paris Convention and Lisbon the context of existing regional processes ological Diversity (CBD), as well as other Agreement (geographical indicators). A and could serve as models for global conventions that may inform the discus- proposed amendment to TRIPS Article 29 processes. sion. Relevant provisions of UNCLOS would require that patent applicants dis- It was concluded that there is a need to include Parts VII on the high seas, Part XI close the origin of genetic resources used in make much better use of existing instru- on the Area, Part XIII, which addresses ma- their inventions, evidence that they received ments and frameworks, although new rine scientific research, and Part XIV,which “prior informed consent,” evidence of “fair instruments could be developed as appro- addresses technology transfer. Under Part and equitable” benefit sharing, and conse- 25 priate. XIII, marine scientific research activities quences for non-disclosure. Issues to shall not cause unjustifiable interference consider with this amendment include the 2. Management of Marine Genetic with other legitimate uses of the sea (Article definition of “biological resources” and Resources: Identifying Opportunities, 240), and shall not constitute the legal basis whether this includes “genetic resources;” Intellectual Property Issues, Options for any claim to any part of the marine en- the scope and extent of disclosure (e.g. for Access and Benefit Sharing, and vironment or its resources (Article 241). mandatory or optional, country of origin, Governance Gaps States and competent international organi- etc.); the effect of non-compliance and zations are required to ‘make available by the consequences on patent applica- Identifying Opportunities, Intellectual publication and dissemination through ap- tions/granted patents/ acquired intellectual Property Issues, Enhancing Under- propriate channels. . . knowledge resulting property rights, for example sanctions or standing of Values and Processes from [MSR]’ and ‘actively promote the flow revocation of patents.26 of scientific data and information and the Under Article 311, UNCLOS “shall not alter At present, there is limited detailed infor- transfer of knowledge resulting from mation about marine genetic resources the rights and obligations of States Parties [MSR], especially to developing States’ (Ar- which arise from other agreements compat- (MGRs), including in marine areas beyond ticle 244). States have the right to carry out national jurisdiction, to inform the policy ible with this Convention and which do not marine scientific research in the water col- affect the enjoyment by other States Parties debate. This includes the type of MGRs umn beyond the 200nm Exclusive being collected, the location of MGR col- of their rights or the performance of their Economic Zone and in the Area. Marine sci- obligations under this Convention.” In the lection, the potential and actual values of entific research undertaken in the Area is to MGRs, the use of the collected MGRs, e.g. present context, what this provision means, be carried out exclusively for peaceful pur- in substance, is that UNCLOS and interna-
22Ibid. 23Vierros, M. Status of Marine Biological Prospecting. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. 24Salpin, C. Marine Genetic Resources: The Law of the Sea and Intellectual Property Law. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. The views expressed in that presentation do not necessarily reflect the views of the United Nations. 25Ibid. 26Sim, A. Implications of Decisions on Access & Benefit Sharing of Genetic Resources on the International Intellectual Property System. Presentation given during the Workshop on Governance of Ma- rine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore 8 tional instruments related to IP law are Any new approach to access and benefit developments post-HGP have been compatible, insofar as compliance with the sharing frameworks for marine genetic re- premised on the following overarching latter instruments does not alter the exer- sources beyond national jurisdiction must principles: (1) Fostering free exchange of cise by a State of its rights and performance take into account ecological, climatic, and data, information and materials and (2) of its obligations under UNCLOS.27 transboundary issues. Moreover, proximate Fostering responsible patenting and licens- There is a considerable nexus between the States should be involved in the design and ing strategies that support further basic objectives of UNCLOS and intellectual implementation of any ABS framework, research. property law. Despite this nexus, questions with a focus on joint management, research Existing efforts, regimes and conventions 28 of compatibility between the two areas of cooperation, and royalty sharing. may be used as reference points in the de- law arise. Questions raised include: Lessons-learned from the CBD include ac- velopment of an access and benefit sharing • Is patenting a claim to the marine knowledgement that monetary flows are framework for areas beyond national juris- environment and its resources? never guaranteed from access to genetic re- diction. These include the FAO Global • Is the degree of confidentiality required sources. Shorter term in-kind benefits are Strategy for the Management of Farmed An- prior to filing for patents in order to valuable and should be sought. The inter- imal Resources, the OSPAR Convention, the safeguard the novel character of an national community could usefully focus on Nouméa Convention, the Mediterranean invention compatible with the require- defining what UNCLOS means by MSR in Action Plan, and the Intergovernmental ment for dissemination and publication the Area being undertaken for the “benefit Oceanographic Commission. An ideal pack- of data and research results? of (hu)mankind as a whole.” In addition to age of tools for ABS would involve codes of in-kind benefits outlined in Part XIII, em- conduct and databases, as well as compila- As discussed in the Workshop, patenting phasis could be placed not only on physical tion of and lessons derived from best does not constitute a claim of ownership to access to the samples and materials, but ac- practices with ABS. Any international access the marine environment or its resources, cess to associated genomic, proteomic and and benefit sharing arrangements should but instead a claim to the exclusive use of metagenomic information in publically ac- not adversely impact efficiency and integrity such resources for a limited period of time. cessible databases.29 of the intellectual property system. The issue of dissemination and research is largely an issue of implementation and there An issue to explore is the extent to which Some countries have been experimenting are avenues within the patent system itself the international community already has ac- with various approaches to access and ben- to ensure an implementation that is consis- cess to biological samples and associated efit sharing related to marine genetic tent with the relevant provisions of databases. A related issue is determining resources. For example, the Seychelles has UNCLOS. The need for studies on how current practice of the MSR community to participated in some ad hoc bio-prospect- patent law instruments have been imple- place information in the public domain (e.g. ing in collaboration with external partners, mented in relation to marine genetic InterRidge). Possible obstacles to sharing including the Venter Global Sea Collection resources from areas beyond national juris- samples and information include the nature project. A number of patents based on sam- diction was highlighted. It was also of scientific research today: scientific com- ples collected in the Seychelles have been proposed that the possibility of using other petition and the associated need to publish, filed, on which the Government and people types of intellectual property,such as trade- transaction costs to providing information of the Seychelles have no say. A second ex- marks and geographical indications and materials to others, commercial ample is the joint project between the downstream patenting and open source li- interests for confidentiality and intellectual University of the Philippines Marine Sci- censing, be further studied and considered. property rights. Governance mechanisms to ence Institute (UP-MSI) and the University ensure sharing include community best of Utah (Pharma Seas Drug Discovery Pro- Relevant Experiences with and Options practice, etiquette and peer pressure, fund- gram), which was a cross-departmental for Access and Benefit-Sharing ing agency (public or private) con- collaboration. The UP-MSI has a six-year ditionalities, governmental policies and law program with aims to develop marine ge- The current policy framework for access and international organizations working to netic resources, including anti-infective and benefit sharing (ABS) is represented by harmonize practices across countries (e.g. agents from sponge-associated marine mi- the related regime being negotiated under UNESCO/IOC). Lessons can be learned and croorganisms (for TB, S. aureus infections, the Convention of Biological Diversity principles adapted from other scientific sec- possibly HIV) and anti-pain agents from (CBD), while the Law of the Sea (UNCLOS) tors such as the fields of genomics and turrid snails. Although this is a local effort, does not contain regulatory measures for proteomics in relation to public health (e.g., the knowledge gained by UP-MSI can be ap- ABS for deep seabed genetic resources. Human Genome Project (HGP)). Policy plied to policy formulation related to
27Salpin, C. Marine Genetic Resources: The Law of the Sea and Intellectual Property Law. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. 28Payet, R. Access and Benefit Sharing of Genetic Resources in Seychelles. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. 29Glowka, L. Some Considerations on Marine Genetic Resources Beyond the Limits of Any National Jurisdiction. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. 9 marine genetic resources. The UP-MSI proj- ture generations. Under this public trust, tries, as well as areas beyond national juris- ects, and generally other local research open access to ABNJ resources would con- diction. Such experimentation in regional initiatives in the Philippines, also demon- tinue but those who exercise that access areas could entail, for example: Applying strate a willingness of the country to be must do so subject to rules for sustainable particular ocean governing principles to the involved and trained in international ocean management adopted by regional seas stew- regional area; assessing the status of marine and MGR research, it also is an example of ards. Users would also potentially make a biodiversity; determining patterns of capacity building especially in weak areas, contribution based on a small percentage of human use; identifying conflicts among e.g. taxonomic and population genetics re- their profits derived from ABNJ resource ex- uses and between users and the search.30 ploitation to a global oceans trust or its environment, including biodiversity; em- regional seas delegates for ongoing protec- ploying Environmental Impact Assessment; Addressing Governance Gaps tion and preservation of the marine establishing marine protected areas in cer- A range of options exist for addressing the environment. tain areas in need of special protection; governance gaps related to the management An analysis of the geographical and regula- study and inventory of the marine genetic of marine areas beyond national jurisdiction tory coverage of Regional Fisheries resources of the regional area; establishment and marine genetic resources, from broad Management Organizations and Arrange- of appropriate access and benefit-sharing governance options in which MGR issues ments (RFMO/As) and Regional Seas arrangements to exploit the marine genetic could be tied to regional approaches to spe- Conventions revealed large geographical resources of the regional area; establishing cific arrangements for just MGRs. The gaps exist in the coverage of regional in- appropriate compliance and enforcement current legal and institutional regime for struments. Where such instruments exist, mechanisms. marine areas beyond national jurisdiction is they provide an opportunity to continue Participants underscored the benefits that fragmented and incomplete, resulting in moving forward in the short-term with the such regional experimentation could bring limited effectiveness in securing sustainable application of modern management and to global debates over improved governance conservation and use of marine areas be- conservation measures. More extensive re- of marine areas beyond national jurisdic- yond national jurisdiction, its resources and liance on regional instruments would tion, for example, practical demonstration biodiversity. Effective protection of these require expanding their coverage and/or es- of which approaches may work well and areas will require a more integrated gover- tablishing new Regional Seas agreements or which may not; understanding of how ex- nance structure. RFMO/As. Coordination among regional in- isting sectoral processes might be better The central challenge for governance of struments is challenging, making coherent coordinated and enhanced to achieve cross- areas beyond national jurisdiction stems global action using regional measures more sectoral integrated management; practical from the nature of this area as an open ac- difficult. learning of how the marine genetic re- cess area with equal rights of users and Participants concluded that measures at sources might be identified, inventoried, exclusive Flag State jurisdiction. The free- both global and regional levels will be and benefit-sharing established; legal and dom of the high seas leads inexorably to the needed to move toward ecosystem-based policy issues that might arise in the appli- tragedy of the commons and Flag State ju- management of marine areas beyond na- cation of area-wide Environmental Impact risdiction is ineffective in halting this tional jurisdiction. Assessment, development of a management tragedy. plan, and establishment of marine protected 3. Encouraging Experimentation on areas; problems that may arise in coordi- In view of the limitations in the current Ecosystem-Based Management in nating the actions of multiple sectoral ABNJ regime, it is arguable that the time has Areas Beyond National Jurisdiction in agencies regarding joint monitoring and come for an integrated and comprehensive Regional Cases through Global Envi- compliance. regulation of all uses and activities in the ronment Facility Support common interest of all States. It may be pos- Participants urged the Global Environment sible to devise a regime which straddles the In recognition of the fact that developing Facility to consider providing financial sup- divide between the open access and com- global rules to enhance ecosystem-based port for such experiments to test the mon heritage of mankind principles in a management of areas beyond national feasibility of applying ecosystem-based way which protects the common interests jurisdiction and to improve existing sectoral management to regional areas which may in resources and the common concern of processes will take considerable time, par- include areas of national jurisdiction, large humanity for the protection and preserva- ticipants underscored the importance of marine ecosystems shared by various coun- tion of the marine environment. encouraging experimentation at the tries, and areas beyond national jurisdiction. In selecting such regional Common ground might be found in the regional level of ecosystem-based ap- proaches to manage particular areas which cases, the GEF might consider such factors concept of areas beyond national jurisdic- as the following: Areas of special signifi- tion as a public trust to be used for and may encompass national jurisdiction, large marine ecosystems shared by various coun- cance for restoring and sustaining coastal managed in the interests of present and fu- and marine fish stocks and associated bio-
30Eguia, M.R. Perspectives on the Role of Developing States in the Sustainable Use and Management of MGRs in Global Oceans. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. 10 logical diversity as well as areas particularly Portfolio supported 165 GEF Council-ap- an understanding of the governance needs affected by climate change; areas of special proved projects involving 147 recipient in terms of national and regional institu- interest to developing countries for their countries and 22 industrialized countries tional structures, human resources, political sustainable development, including ex- with $1.13 billion in GEF grants and $4.68 agreements, fiscal demands, etc.34 ploitation of fisheries and marine genetic billion in co-financing.32 A major part of the Ocean/climate processes in areas beyond resources; areas in which national authori- International Waters Portfolio has been the national jurisdiction which significantly af- ties have collaborated cross-nationally funding of 17 Large Marine Ecosystems in- fect the LMEs could be effectively managed through Large Marine Ecosystem Pro- volving 126 collaborating developing through an ecosystem approach in collabo- grams31 and where the areas of high seas countries. In addition to the GEF Interna- ration with the many regional organizations directly affect ecosystem health and func- tional Waters Portfolio, two other relevant in the region. Discussion also centered tion within the LMEs; areas in which GEF focal areas—the GEF Biodiversity around the possibility of coordinating with national and regional authorities have a Focal Area and the Climate Change Focal the Republic of Mauritius and the Republic demonstrable interest in such experimenta- area—are of relevance to areas beyond na- of Seychelles regarding the continental shelf tion and have the capacity to learn from the tional jurisdiction as well. area lying beyond 200 nautical miles in the experimentation and to draw lessons for Workshop participants encouraged the de- region of the Mascarene Plateau in respect scaling up and for application in other re- velopment of a new GEF program on marine of which Mauritius and the Seychelles made gional areas. It was noted that the Global areas beyond national jurisdiction, which a submission to the Commission on the Forum on Oceans, Coasts, and Islands is could be included under the next funding Limits of the Continental Shelf. well suited to playing a technical assistance period, GEF 5 (2010-2014). The GEF re- role in these efforts by linking the regional plenishment process for its next phase of OSPAR Region experiments with each other and with activities33 has just started and is expected to The OSPAR Commission is considering the global discussions of approaches, tools, and be completed by December 2009. inclusion of areas of the OSPAR maritime methods that might be applied and of pos- area beyond the limits of jurisdiction of sible legal and policy implications, and by Workshop participants discussed a number of regional cases where fruitful experimen- coastal states as components of the OSPAR drawing the attention of UN-level global network of Marine Protected Areas (MPAs). discussions on areas beyond national juris- tation on applying ecosystem-based approaches to regional areas combining na- WWF, Portugal and the Netherlands have diction of the results and lessons learned proposed a section of the Mid-Atlantic from the regional experiments. tional jurisdiction, large marine ecosystems, and areas beyond national jurisdiction Ridge/Charlie Gibbs Fracture Zone as an The Global Environment Facility is the could take place, as noted below. OSPAR area of interest for establishing an major international financial mechanism MPA, located beyond the limits of national supporting developing country action GEF/UNDP Algulhas and Somali jurisdiction of the coastal states in the under global environmental treaties (United Current Large Marine Ecosystems OSPAR maritime area and Canada. The site Nations Convention to Combat Desertifica- Project proposed is also outside the potential Ex- tion, Convention on Biological Diversity, tended Continental Shelf of Iceland and United Nations Framework Convention on The GEF/UNDP Agulhas and Somali Cur- Greenland (according to Part IV, Art. 76 of Climate Change, and Stockholm Conven- rent Large Marine Ecosystems Project aims UNCLOS). A roadmap for further work on tion on Persistent Organic Pollutants). to formulate, adopt, and implement effec- the establishment of this MPA is defined for Since 1991, the GEF has supported action tive and sustainable Strategic Action 2008- 2009 setting out a critical path of by 177 member countries through what is Programmes for the two LMES by looking considerations and steps to be taken with a now a $3 billion trust fund. The GEF Inter- at their: 1) Productivity; 2) Fish and Fish- view to considering for possible adoption of national Waters program, which responds eries; 3) Ecosystem Health and Pollution; MPAs in ABNJ at the OSPAR Ministerial explicitly to Chapters 17 and 18 of Agenda 4) Socioeconomics; and 5) Governance. Meeting in 2010, including liaising with 21, addresses area-based management of Work on the first three areas will provide other competent authorities, scientists and transboundary, multi-country water sys- the scientific foundation and justification other stakeholders.35 tems, including coasts, oceans and adjacent upon which to confirm the extent and basins, transboundary surface water basins, boundaries of the ecosystems (as well as Coral Triangle/French Polynesia identifying the processes which define those and groundwater basins. In the period The Coral Triangle, sometimes referred to ecosystems). The last two areas will provide 1992-2008, the GEF International Waters as the “Amazon of the Seas,” is the epicen- 31Large Marine Ecosystems provide a framework for ecosystem-based approaches to management adopted by the GEF in 1995 as an operational strategy for addressing transboundary concerns (Duda 2008, this report). 32Duda, A. GEF International Waters Focal Area and other GEF Opportunities for Addressing Areas Beyond National Jurisdictions. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. 33The GEF replenishment is the process by which donor countries contribute money to the GEF Trust Fund at four-yearly intervals. See GEF Structure and Organization. Available: http://www.gefcoun- trysupport.org/report_detail.cfm?projectId=140 34Vousden, D. and M. Ngoile. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore. 35Johnson, D. Update on OSPAR activities regarding the governance of marine areas beyond national jurisdiction to the Global Forum, October 2008. 11 ter of marine life abundance and biodiver- Group 1: Building Enhanced tal, social, economic and cultural stand- sity on the planet, holding more than 75% Understanding of Values and points. A proposal was made to develop an of the known coral species and over 3,000 Processes and Options for Benefit- ethics charter on ocean uses. Codes of con- species of reef fish. This regional case could Sharing Regarding Marine Genetic duct could include access and benefit involve the development of networks of ma- Resources sharing provisions. Vital was the need to en- rine protected areas in the large marine sure that marine scientific research was not Participants noted that a pre-condition for ecosystem stretching from the Solomon Is- hampered by stringent access and benefit- progress was the need for a realistic assess- lands to French Polynesia and the sharing measures. Adequate incentives are ment of ocean assets and the development of rules and guidance for ex- also needed to ensure the continuation of demystification of the issue of the potential ploitation of marine genetic resources marine research. profitability of activities related to MGRs through regional collaboration among the from ABNJ. A great deal of information is At the national level, possible access options Pacific Island Nations, France, and the available on the commercialization of prod- included the use of concessions, licensing, major regional organizations in the South ucts derived from MGRs, but a number of and user fees, although caution was ex- Pacific — the Pacific Islands Forum, Forum participants did not think the information pressed about the use of access fees. Fisheries Agency, SPREP, SOPAC, the Sec- currently available was sufficient for in- Certainly, learning from experiences and retariat of the Pacific Community. The formed decision-making by states. In line mechanisms developed in other fora for ad- Coral Triangle Initiative (CTI) has received with a precautionary approach, some par- dressing ABS would be useful, bearing in funding and support from the GEF,national ticipants considered that, in any case, the mind that such experiences may not always governments, the Asian Development Bank, lack of information should not prevent be applicable to marine resources in ABNJ. and partner NGOs – World Wildlife Fund, states as well as the international commu- The view was expressed that the ABS provi- The Nature Conservancy and Conservation nity from taking action. sions of the CBD were unlikely to work for International. marine genetic resources from ABNJ. But The need to move beyond discussions on important lessons could be learned from ex- ownership of the resources was highlighted, The Arctic periences at the national and local levels, as was the need to separate the issue of ac- As the sea ice melts in the Arctic, there is a including the possible development of cess to MGRs from that of benefit-sharing. concern about the need to manage this re- model contracts for ABS. Different views It was noted that there is no international gion, especially the areas beyond national were expressed on whether new mecha- consensus on whether there should be ben- jurisdiction, through an ecosystem ap- nisms or institutions were necessary to efit-sharing with regard to marine genetic proach, to insure that forthcoming manage ABS. The need to ensure buy-in resources from ABNJ. development—involving, among others, from all players and stakeholders, in partic- offshore oil and gas, new shipping routes, The UNCLOS objective of equitable and ef- ular markets and the public, was and greater population concentration, is ficient utilization of ocean resources was the highlighted, as was the need for input from carried out with due care for this vulnerable starting point and framework for any bene- different agencies, international organiza- region. fit-sharing discussion. There was agreement tions, investors, and donors. that before considering modalities for ben- The session identified a number of activi- 4. Participant Break-out Session efit-sharing, it was necessary to first identify ties that could be undertaken in relation to Outcomes the types of benefits to be shared, financial identifying opportunities, understanding and in-kind, as well as direct and indirect, in Two break-out sessions covered the follow- values and processes, as well as options for particular since different benefits may call ing themes: 1) Building enhanced access and benefit-sharing. The group con- for different sharing regimes. Benefits in- understanding of values and processes in sidered that those activities should not be clude, for example, ecosystem services, marine genetic resources; 2) Options for prioritized but, instead, could be under- goods, access to new drugs, information ex- benefit-sharing of marine genetic resources; taken simultaneously on parallel tracks; change, sharing of experience, education, and 3) Addressing governance gaps in areas hence they did not separate them in short capacity building, transfer of technology, beyond national jurisdiction. The first or long-term measures. partnerships, etc. The range of benefits out- group concentrated on clarifying the issues lined in the Bonn Guidelines on Access and The following ideas were proposed: and demystifying some of the language and Benefit Sharing could provide a useful ref- concepts related to marine genetic re- erence point. Start at micro-level (local, national) sources. The second group developed a and scale up to the macro-level (re- series of options and recommendations for Participants stressed that the ability to ben- gional, ABNJ): improvement of governance of marine areas efit from the resources should be • Develop ABS systems for MGR at the beyond national jurisdiction, both for the accompanied by an obligation to share the national level short, medium, and long-term, with a spe- cost of protecting those resources. The ben- cial emphasis on marine genetic resources. efits should be generated through • Consider the development of regional sustainable activities from the environmen- ABS plans
12 • Undertake pilot projects to develop ABS • A Global Statement on Basic Principles to consider why the gap is there and design systems; including using LMEs (explor- (perhaps feeding into codes) actions accordingly. Capacity building is ing the possibility for GEF funding for • Adopt a precautionary approach also important in this regard. such pilots) UNCLOS, problematically, provides no op- Institutional arrangements Clarification of what benefits are erational coordinating mechanism (except • Convene an Expert Panel to develop the UNGA) through which the interna- International discussions would benefit guidelines on the exploitation of MGRs tional community can set common from a process that clarifies what the realis- (not country-based, not UN-based), standards across various regional and sec- tic potential benefits from MGRs actually with a clear, focused mandate: to be toral governing bodies. As a result, new are. These common elements could then be held possibly on the margins of the UN instruments (e.g. binding or non-binding fed into the formal processes at the UN Ad Hoc Working Group, the World international agreements, agreed principles, (United Nations Open-Ended Informal Oceans Conference (May 2009), or the codes of conduct) and existing processes Consultative Process on Oceans and the Global Forum on Oceans, Coasts, and (e.g. UN Ad Hoc Working Group, Law of the Sea, UN Ad Hoc Working Islands Conference (April 2010). At a UNICPOLOS), perhaps with expanded Group). later stage consider whether there mandates, are needed to provide a basis for should be a continuous process to ad- coordinating existing mechanisms and ad- Research: Undertake further studies dress these issues. dressing new and emerging issues in marine and compile information on the fol- areas beyond the limits of national jurisdic- lowing Group 2: Addressing Governance tion. Any new instruments should • Details of successful public/private Gaps in Areas Beyond National Ju- incorporate modern provisions for compli- partnerships for ABS risdiction with Special Emphasis on ance including reporting, performance Marine Genetic Resources • Existing commercial uses of MGRs criteria and review, as well as measures for • The relationship between the ABS pro- The group started by seeking a shared un- noncompliance. It was also noted that gov- cedure under CBD and the MSR consent derstanding of governance. In its simplest ernance mechanisms exist in regional seas regime under UNCLOS and most direct form, it could be seen as the for collaboration between coastal states on managing proximate areas beyond their • Intellectual property rights over devising and execution of policy. Accord- EEZs where ecosystems extend into these MGRs, in particular their implementa- ingly, governance could be seen on a areas, but seldom extend into open ocean tion to date pragmatic basis as a set of tools and/or mechanisms used to achieve a desired out- waters. • Developing/learning from existing tools come. These can include laws, policies, for ABS measures (including national The group developed the following recom- institutions and procedures that provide the laws and model commercial contracts) mendations for addressing governance gaps basis for implementation, co-ordination, re- and disseminating them in marine areas beyond the limits of na- porting and compliance. Governance has tional jurisdiction in the short and medium Education several dimensions, including considera- to long-term. These actions are particularly tions related to scale (national, regional, and • Publish the panel presentations of ICP-8 relevant to marine genetic resources, international), time and geographic space, though they also have wider resonance. (modeled on “Ecosystems and Oceans” as well as coordination amongst institutions publication, prepared following ICP-7) to achieve coherence and making available Short-term • Target various audiences (governments, scientific knowledge relevant for decision- public, media, industry, scientific com- 1. As a priority, identify or establish a making. Governance needs to enable permanent forum/focal point on ABNJ munity, etc.), with governments as pri- implementation. Achievement of the de- ority targets issues. This could be done by a number sired outcome through governance critically of means: • Develop accessible policy briefs on the relies on setting the context for stakeholder • Renew and expand mandate of UN issue for national governments and civil buy-in and participation. society Ad Hoc Working Group For working purposes, a distinction can • Consider an expanded role for Developing an ethical approach for usefully be made between governance gaps– UNICPOLOS in particular regarding researchers and industry a need for new governing mechanisms, and coordination implementation gaps – whether the imple- • Adopt a UNGA Enabling Resolution • Corporate Social Responsibility norms mentation of existing governance on means to identify and address im- should encompass ethical exploitation mechanisms needs to be improved. It was plementation/regulatory gaps in UN- of MGRs stressed that key was to consider and ad- CLOS Part VII, XI, XII, XIII and XIV • Codes of Conduct for scientists and dress implementation gaps as a first step to (e.g., seeking clarification of the ISA industry identifying why desired outcomes have not mandate in terms of marine scientific been reached. In doing this, it is important research)
13 • Use mechanisms that are not formal, • Use performance review of RFMOs to Conclusion such as the Global Forum, to stimu- apply lessons learned into other A central feature of the Singapore Work- late discussion processes. Work towards creating shop, consistent with widely accepted global review for other activities using • UN Secretary General designates a approaches to ecosystem-based manage- common principles. Create linkages high-level liaison to facilitate the ment, was agreement on the pivotal role of among RFMOs process - including MGRs effective management by the sectors them- 2. Accelerate the implementation of exist- 6. Improve management of MGRs within selves and their representative bodies in ing commitments, both normative and national jurisdiction delivering change. At the same time, and institutional. This could, inter alia, be 7. Encourage stronger coordination again consistent with broader ecosystem- through the development of governing among UN agencies based management, there was clear principles or other mechanisms in par- 8. Invite the GEF to expand its work in recognition that sectoral improvements ticular to assess and enhance perform- the high seas with a dedicated program needed to be complemented and guided by ance with funding from its International Wa- more integrated approaches, which brought 3. Increase scientific research, knowledge, ters and its Biodiversity areas for its the sectors together in more cooperative capacity, and collaboration, as well as next budget cycle and coordinated approaches. access to and utilization of scientific in- Medium and long-term On this understanding, the Workshop was formation (initially using existing able to focus on ‘entry points’ as to where mechanisms) The following activities will help fulfill the more integrated approaches and mecha- • Incorporate marine biodiversity into WSSD goals relating to ecosystem-based nisms were appropriate and necessary, the Intergovernmental Platform on management in areas beyond national ju- without prejudice to the role of the sectors. Biodiversity and Ecosystem Services risdiction: Two discrete themes emerged: adequate and (IPBES) process if it goes forward 1. Norms strengthened UN oceans machinery was • Develop guidelines or codes of con- • Move towards institutionalization needed to help embed coordinated inter- duct on information sharing of agreed Principles of High Sea governmental and inter-agency work; and • Start the work to identify ecologically Governance secondly, and reflecting a significant new and biologically important areas in 2. Institutions departure, the need to validate and test out such integrated entry points at a practical, ABNJ • Establish a Special Working Group or management level. Here the work of the • Develop demonstration programmes Committee on MGRs in ABNJ Global Environment Facility (GEF), with or projects on marine spatial planning • Develop a new instrument(s), such as and other area-based management its large marine ecosystem (LME) and an Implementing Agreement transboundary capacity building work • Enhance institutional cooperation • Create a “New” Agenda 21 or joint could be key. Detailed discussions on ma- among UN Bodies plan of implementation for ABNJs rine genetic resources showed that • Incorporate climate change and its ef- • Create IPCC for oceans (if this need problematic issues of equity and property fects on ABNJ into broader discus- is not met by the proposed Intergov- rights might also be tested in this pragmatic sions ernmental Platform on Biodiversity framework. • Look at questions that might be asked and Ecosystem Services process or from the Global Marine Assessment Global Marine Assessment) and draft agenda for future develop- 3. Actions ment (best tool for science into policy • Fill governance gaps in high seas sec- debate) tors • Develop guidance on environmental • Investigate using the public trust idea impact assessment (EIA) in ABNJ for governance of ABNJ • Use this guidance to address activities • Invite regional seas conventions and conducted by flag states as well as arrangements to consider expanding other states through their nationals their mandate to include high seas 4. Create a stakeholder process for imple- issues menting environmental impact assess- ments and marine spatial planning in ABNJ 5. Identify Principles for High Seas Gover- nance • Agree on Principles and roadmap for their implementation 14 Annex 1. LOS) and the meetings of the UNAd-Hoc provisions for particular issues like marine Open ended Informal Working Group to genetic resources in ABNJ. The principle of Keynote Address by study issues relating to the conservation and carefully balancing the interests of all nego- Ambassador Tommy Koh, Ambassador at Large, sustainable use of marine biodiversity in tiating parties was the basis for the Ministry of Foreign Affairs, during the Workshop ABNJs held in New York earlier this year. successful conclusion of UNCLOS. It is im- on Governance of Areas Beyond National Juris- portant to reserve this balance by working diction: Management Issues and Policy Options, Sharing my experience in negotiating and within the existing UNCLOS legal frame- 3-5 November 2008, Botany Centre, Singapore interpreting UNCLOS work even as new issues emerge. It is a Distinguished members of the Global First, let me address the issue of whether matter of understanding the principles and Forum, ladies and gentlemen UNCLOS continues to be adequate to ad- correctly interpreting the provisions in the I am very pleased to join you this morning dress the ocean issues of today such as the context of the overall agreement. for this workshop appropriately held in this use of marine genetic resources in the Third, on the specific issue of exploitation wonderful green environment of the Botany deepsea areas beyond national limits. I con- and preservation of marine genetic re- Centre. sider the Treaty as a comprehensive sources, it will be useful for ‘oceans’ people “constitution for the oceans” which was I am told that the Global Forum brings to- to appreciate and understand the debate meant to have a long shelf life. The con- gether ocean leaders of governments, UN among ‘land’ people on the exploitation, vention covers all aspects of the uses and agencies, NGOs, the private sector and sci- benefit sharing and preservation of plant resources of the world’s oceans. It respects ence groups from many countries to and animal genetic resources. There must the interrelationships among the different advance the global oceans agenda, particu- be important synergies in terms of common aspects of law of the sea. It treats ocean larly the implementation of the ocean objectives and governing principles across space as an ecological whole. Concerns targets from the World Summit on Sustain- organisations such as UNCLOS, CBD, FAO about the environment surfaced very early able Development and to address new and others in this genetics debate. This is in the negotiations of UNCLOS. Conse- challenges like climate change. This work- where I would like to compliment the inte- quently, UNCLOS has provisions for the shop however is focused on the governance grated approach that the Global Forum has protection of the marine environment of marine areas beyond national jurisdic- been taking in trying to build the interna- alongside provisions for the sovereign rights tion. Its work aims to promote informal and tional dialogue on this issue. By building an of States to exploit their marine resources multistakeholder dialogue to support for- informal channel for dialogue among all within and beyond national limits. All is- mal processes that have been established in stakeholders whether governments, scien- sues relating to the oceans including the UNGA on the subject. Your premise is tists, industry, IGOs or NGOs you are protection and preservation of the marine that the governance of marine areas beyond helping to build up knowledge from an in- environment, marine scientific research and national jurisdiction is a major issue that tegrated perspective which can best development and transfer of marine tech- countries will need to address and negoti- promote solutions that carefully balance the nology were comprehensively covered. The ate over the next decade. interests of all parties. UNCLOS provides a clear legal framework One key question in the ongoing ABNJ de- that clarifies the principles and values for Balancing Economic Development and bate is whether the existing international the protection of the marine environment Protection of Marine Environment - The conventions, such as UNCLOS adequately yet remains sufficiently flexible to deal with Singapore experience address emerging governance issues on the new issues of the day. It appears that the Let me end with a few comments on Singa- use and exploitation of marine living re- majority of delegates at UNICPOLOS also pore’s own experience on how it has tried sources in the deepsea areas as opposed to remain unconvinced that a new interna- to maintain its marine biodiversity while at non-living mineral resources in the deep tional regime for marine genetic resources the same time becoming the world’s busiest seabed beyond national limits or THE in ABNJ is needed. transshipment port. Singapore’s waters har- AREA for which Part XI of UNCLOS ap- Second, UNCLOS is a finely balanced pack- bour more coral species and genera per plies. As the former President of the age deal. The Treaty took 10 years to hectare of reef than there are in the Great Conference that negotiated the UNCLOS, I negotiate during which delicate compro- Barrier Reef. We have achieved this by am told I might be able to add value to the mises were arrived at. Countries made strictly controlling both land and sea-based workshops’ discussions by sharing my ex- concessions in one area in return for gains sources of marine pollution. Our guiding perience and interpretation of what the elsewhere. The provisions in the Conven- principle is that protecting the marine en- UNCLOS negotiators had meant to cover in tion carefully struck the right balance vironment, maintaining navigational 1982 and if there are now emerging lacunas between the economic interests of those freedoms as well as pursuing economic de- that may necessitate a review. who wished to exploit the living and non- velopment are not mutually exclusive. Each I understand that some of this debate has living marine resources and those who of these activities need not be pursued at the already taken place at the meetings of the wanted to preserve the marine environ- expense of the other as long as a careful bal- UN Informal Consultative Process on ment. It may be unwise to unravel such a ance is struck as has been done in the Oceans and the Law of the Sea (UNICPO- finely balanced package deal to seek specific comprehensive framework which UNCLOS 15 represents. I am pleased to hear that during Annex 2. Workshop Participants Prof. Chou Loke Ming your stay in Singapore, NParks will be of- Dept of Biological Sciences fering you several field trips to show some National University of Singapore Workshop Co-Chairs SINGAPORE of our efforts at preserving our biodiversity. Dr. Biliana Cicin-Sain, Global Forum on Dr. Biliana Cicin-Sain Conclusion Oceans, Coasts, and Islands Co-chair and Head of Secretariat, Global Forum on The immediate and real effects of climate Mr. David Freestone, World Bank Oceans, Coasts, and Islands, and Director, Gerard J. Mangone Center for Marine Policy change on our oceans and the sustainability Ambassador Mary Seet-Cheng, Ministry of College of Marine and Earth Studies, of its living resources are serious threats to Foreign Affairs, Singapore University of Delaware humanity. Scientists tell us that rising sea Mr. Eden Charles, Permanent Mission of USA levels could wipe out entire countries off Trinidad and Tobago to the United Nations Mr. Duncan Currie the map. Rising water temperatures have Dr. Salvatore Arico, UNESCO, Co-Chair of Legal Counsel the potential to destroy marine ecosystems the Working Group Greenpeace International that may devastate world fishstocks threat- NEW ZEALAND ening the world’s major renewable food Workshop Participants Dr. Hasjim Djahal resource. The melting of the ice caps may Dr. Salvatore Arico Ambassador, Senior Advisor to the Minister Department of Marine Affairs and Fisheries open up new routes for commercial naviga- Programme Specialist, Biodiversity INDONESIA tion and start a race for the previously United Nations Educational, Scientific, and Cultural inaccessible natural and mineral resources Organization (UNESCO) Dr. Duan Fengjun in the Arctic and Antarctic. These are issues FRANCE Research Fellow that need our attention. Dr. Miriam C. Balgos Ocean Policy Research Foundation JAPAN But even as we focus on how to protect our Program Coordinator, Global Forum on Oceans, oceans and their resources from the ravages Coasts and Island, and Research Associate, Dr. Alfred Duda Gerard J. Mangone Center for Marine Policy Senior Advisor (International Waters of climate change, we should do so while College of Marine and Earth Studies, The Global Environment Facility (GEF) protecting UNCLOS’ integrity. UNCLOS University of Delaware USA was concluded as a comprehensive package USA Ms. Maria Rowena Eguia that balanced the competing interests of Dr. Cai Yixiong Research Specialist many diverse states. It has served the inter- Senior Programme Officer, SEAFDEC Aquaculture Department national community well over these years Coastal & Marine Environment Programme Office, PHILIPPINES National Biodiversity Centr and I am sure that it will continue to do so Dr. David Freestone in future. We will need to maintain that National Parks Board SINGAPORE Senior Advisor careful balance by ensuring that States are Office of General Counsel, faithful in their interpretation and applica- Mr. Lucien Chabason The World Bank tion of the Convention. That will help Conseiller de la Direction USA Institut du développement durable et des relations preserve UNCLOS’ position as the key in- internationales (IDDRI) Ms. Kristina Gjerde strument that can continue to sustain FRANCE High Seas Policy Advisor international cooperation in safety,security The World Conservation Union (IUCN) Mr. Eden Charles POLAND and environmental protection of the oceans Counsellor and seas. Permanent Mission of the Republic of Trinidad and Mr. Lyle Glowka Senior Legal Advisor I wish you a fruitful and enjoyable stay in Tobago to the United Nations USA Secretariat of the Convention on Biological Diversity Singapore. (SCBD) Ms. Iris Chen I Zu CANADA Special Projects (SP) Ms. Linda Goh Ministry of Foreign Affairs (MFA) SINGAPORE Assistant Director (Marine) National Biodiversity Centre Amb. Mary Seet-Cheng National Parks Board Ambassador to Panama and Cuba SINGAPORE Ministry of Foreign Affairs Dr. Nigel Goh SINGAPORE Assistant Director, Mr. Adrian Chew Coastal & Marine Environment Programme Office, Senior Assistant Director/Legal Counsel National Biodiversity Centre Intellectual Property Office of Singapore National Parks Board SINGAPORE SINGAPORE
16 Prof. Vladimir Golitsyn Dr. Rolph Payet Mr. Chris Tompkins Judge, International Tribunal for the Law of the Sea Special Advisor to the President Independent Consultant (ITLOS) Office of the President UNITED KINGDOM Professor of International Law SEYCHELLES Moscow State Institute of International Relations Dr. Marjo Vierros (MGIMO-University), Ministry for Foreign Affairs Mr. Martijn Peijs Visiting Professor RUSSIAN FEDERATION Senior Policy Advisor Institute of Advanced Studies, Marine Biodiversity (International) United Nations University Mr. Ho Cheng Huat Ministry of Agriculture, Nature & Food Quality CANADA Executive Vice President Department of Nature Exploit Technologies Pte Ltd NETHERLANDS Dr. David Hugh Vousden SINGAPORE Project Director Dr. Jean-Francois Pulvenis de Seligny UNDP/GEF Mr. Takashi Ichiota Director, Fisheries and Aquaculture Economics and Agulhas and Somali Current Large Marine Ecosys- Ocean Policy Research Foundation Policy Division (FIE) tem (ASCLME) Project, JAPAN Fisheries and Aquaculture Department, Food and SOUTH AFRICA Agriculture Organization of the United Nations (FAO) Ambassador Tommy Koh Dr. Robin Warner ITALY Ambassador-At-Large, Ministry of Foreign Affairs, Senior Research Fellow and Chairman of the Institute of Policy Studies, Ms. Lorraine Ridgeway Australian National Centre for Ocean Resources Singapore Director General, Policy Division and Security Ministry of Foreign Affairs Department of Fisheries and Oceans University of Wollongong SINGAPORE CANADA AUSTRALIA Mr. Christophe Lefebvre Ms. Charlotte Salpin Ms. Elvi Wijayanti European and International Affair Ocean Affairs and Law of the Sea Officer Head of Division French Marine Protected Areas Agency United Nation Division for Ocean Affairs and the Research Cooperation and Communication FRANCE Law of the Sea (UN/DOALOS) INDONESIA Dr. Elissa Lim Office of Legal Affairs Ms. Wu Ye-Min United Nations Manager Country Officer USA Intellectual Property Management Division Special Projects (SP) SINGAPORE Mr. Alvin Sim Kia Hong Ministry of Foreign Affairs (MFA) SINGAPORE Ms. Elizabeth McLanahan Deputy Director/Legal Counsel Legal Policy & International Affairs Department International Affairs Specialist Ms. Yang Shufen (LPIAD), National Oceanic and Atmospheric Administration Senior Programme Officer, Intellectual Property Office of Singapore (IPOS) (NOAA) Coastal & Marine Environment Programme Office, NOAA Office of International Affairs SINGAPORE National Parks Board USA Mr. Ranjeet Singh SINGAPORE Ms. Janot-Reine Mendler de Suarez Senior Policy Analyst Mr. Geoffrey Yu Deputy Director and Project Coordinator International Department (ID) Senior Specialist Adviser The Global Environment Facility International Wa- Maritime and Port Authority of Singapore (MPA) Ministry of Foreign Affairs (MFA) ters Learning Exchange and Resource Network SINGAPORE SINGAPORE (GEF-IW:LEARN) Ms. Caitlin Snyder USA Graduate Research Assistant Mr. Joji Morishita Gerard J. Mangone Center for Marine Policy, Director for International Negotiations College of Marine and Earth Studies, International Affairs Division University of Delaware Fisheries Agency USA JAPAN Assoc. Prof. Alan Tan Mr. Olivier Musard Faculty of Law, Chargé de Mission National University of Singapore French Marine Protected Areas Agency SINGAPORE FRANCE Ms. Tay Lee San Dr. Magnus Ngoile Senior Scientific Officer Policy and Governance Coordinator Environmental Monitoring and Assessment Unit UNDP/GEF (EMAU) Agulhas and Somali Small Current Large Marine National Environment Agency (NEA) Ecosystems (ASCLME) Project SINGPAPORE SOUTH AFRICA Mr. Hiroshi Terashima Dr. Nguyen Chu Hoi Executive Director Deputy Administrator Ocean Policy Research Foundation (OPRF) Vietnam Administration for Seas and Islands (VASI) JAPAN VIETNAM 17 About the Global Forum prepared a number of reports on the implementation of the WSSD ocean targets, reports on ocean issues in island states for the 2005 The Global Forum is comprised of ocean leaders from govern- Mauritius International Meeting, and reports on capacity develop- ments, non governmental organizations, international and ment needs on ocean and coastal management in 8 world regions; intergovernmental organizations, the private sector, and scientific and provided a series of Internet information services, including associations with the purpose of advancing the global oceans periodic newsletters. agenda. “Advancing the global oceans agenda” is meant as: 1) pro- For information about the Global Forum, please see the Global moting the implementation of international agreements related to Forum Website at oceans, coasts, and small island developing States (SIDS), especially the goals emanating from the 2002 WSSD; 2) analyzing new emerg- http://www.globaloceans.org. ing issues such as improving the governance regime for ocean areas beyond national jurisdiction; and 3) promoting international con- Contact Information sensus-building on unresolved ocean issues. For additional information on the Global Forum on Oceans, The Global Forum was first mobilized in 2001 to help the world’s Coasts, and Islands or to become engaged in Global Forum activi- governments highlight issues related to oceans, coasts, and SIDS ties, please contact the Global Forum Secretariat. on the agenda of the 2002World Summit on Sustainable Develop- ment, and was later formalized at the WSSD in Johannesburg. The Global Forum Secretariat Global Forum is a response to perceived needs for fostering cross- International Coastal and Ocean Organization sectoral dialogue on ocean issues among governments, NGOs, c/o Gerard J. Mangone Center for Marine Policy, international organizations, and the private and scientific sectors; University of Delaware constant advocacy for oceans at the highest political levels; and the Newark, Delaware 19716, USA imperative of taking an ecosystem-based and integrated approach to oceans governance at national, regional, and global levels, in- Telephone: 1-302-831-8086; cluding treating the water system—from freshwater, to coasts, to Fax: 1-302-831-3668 oceans— as the interlinked system that it is. Internet: http://www.globaloceans.org Since 2001, the Global Forum has involved ocean experts repre- senting all sectors from 105 countries; organized four Global Contact: Conferences (in 2001, 2003, and 2006 at UNESCO in Paris, and in Dr. Biliana Cicin-Sain, Hanoi, Vietnam in 2008); organized the Ocean Policy Summit in Global Forum Co-Chair and Head of Secretariat Lisbon in 2005 documenting experiences with integrated oceans ([email protected]) governance in over 20 countries and 4 regions around the world;
18 Existing Members, Global Forum Working Group on Governance of Marine Areas Beyond National Jurisdiction
Co-Chairs Valentina Germani, UN Division for Magnus Ngoile, UNDP/GEF Agulhas Salvatore Arico, Programme Specialist for Ocean Affairs and the Law of the Sea and Somali Small Current Large Marine, Biodiversity, Division of Ecological and (UNDOALOS) Ecosystems (ASCLME) Project, Earth Sciences, UNESCO Matthew Gianni, Deep Sea Conservation South Africa Sivu Maqungo, Minister-Counsellor, Coalition Daniel Owen, Fenners Chambers, Permanent Mission of South Africa to Kristina Gjerde, The World Conservation United Kingdom the United Nations Union (IUCN) Jean-Francois Pulvenis de Seligny, Lyle Glowka, Convention on Biological Food and Agriculture Organization of the United Nations (FAO) Working Group Members Diversity (CBD) Rosemary Rayfuse, University of New Frida Armas-Pfirter, Austral University, Nigel Goh, NParks, Singapore South Wales Argentina Vladimir Golitsyn, Judge, International Lori Ridgeway, Department of Fisheries Miriam Balgos, Global Forum on Oceans, Tribunal for the Law of the Sea and and Oceans, Canada Coasts, and Islands Professor of International Law Moscow State University of International Relations Julien Rochette, High Seas Governance, Awni Behnam, International Ocean (MGIMO-University) IDDRI Institute Barbara Hanchard, Pacific Islands Forum Karen Sack, Greenpeace International Lucien Chabason, Institut du Fisheries Agency développement durable et des relations Charlotte Salpin, UN Division for internationales (IDDRI) Takashi Ichioka, Ocean Policy Research Ocean Affairs and the Law of the Sea Foundation, Japan (UNDOALOS) Eden Charles, Permanent Mission of the Republic of Trinidad and Tobago to the Elie Jarmache, Prime Minister's Office, Renée Sauvé, Department of Fisheries United Nations France and Oceans, Canada Thia-Eng Chua, East Asian Seas David Johnson, OSPAR Tullio Scovazzi, University of Partnership Council Sam Johnston, Institute of Advanced Milano-Bicocca Biliana Cicin-Sain, Global Forum on Studies, United Nations University Mary Seet-Cheng, Ministry of Foreign Oceans, Coasts, and Islands (UNU-IAS) Affairs, Singapore Bruno Corréard, Independent Consultant Kim Juniper, University of Victoria Norma Taylor Roberts, Ministry of Foreign and Responsible Fishing Alliance Lee Kimball, formerly with The World Affairs, Jamaica John Dolan, Ocean Policy Research Conservation Union (IUCN) Hiroshi Terashima, Ocean Policy Research Foundation, Japan Gunnar Kullenberg, Independent Foundation, Japan Alfred Duda, International Waters, Consultant, former Executive Director, Chris Tompkins, Independent Consultant, The Global Environment Facility (GEF) International Ocean Institute UK Maria Rowena Eguia, SEAFDEC Christophe Lefebvre, French Marine Philippe Vallette, NAUSICAA, France Aquaculture Department, Philippines Protected Areas Agency Marjo Vierros, United Nations University David Freestone, The George Washington Jihyun Lee, CBD Secretariat – Institute for Advanced Studies University Law School Rebecca Lent, NOAA Fisheries David Hugh Vousden, UNDP/GEF Anne Frenette, Department of Fisheries International Office Agulhas and Somali Current Large Marine and Oceans, Canada Eric Mathur, Synthetic Genomics, Inc. Ecosystem, (ASCLME) Project, South Africa Serge Garcia, formerly with Food and Jennifer Mooney, Department of Fisheries Agriculture Organization (FAO) and Oceans, Canada Contact Information For additional information on the Global Forum on Oceans, Coasts, and Islands or to become engaged in Global Forum activities, please contact the Global Forum Secretariat.
Global Forum Secretariat c/o Gerard J. Mangone Center for Marine Policy University of Delaware, Newark, Delaware 19716 USA Telephone: 1-302-831-8086 Fax: 1-302-831-3668 Internet: http://www.globaloceans.org
Contact: Dr. Biliana Cicin-Sain Head of Global Forum Secretariat E-mail: [email protected]
Dr. Miriam C. Balgos Global Forum Program Coordinator E-mail: [email protected]