Volume 7 Issue 1 Sustainable Development Law & Policy
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Sustainable Development Law & Policy Volume 7 Article 1 Issue 1 Fall 2006: Ocean & Fisheries Law Volume 7 Issue 1 Sustainable Development Law & Policy Follow this and additional works at: http://digitalcommons.wcl.american.edu/sdlp Part of the Environmental Law Commons, International Law Commons, and the Law of the Sea Commons Recommended Citation Sustainable Development Law & Policy, Fall 2006, 1-88. This Entire Issue is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Sustainable Development Law & Policy by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Volume VII, Issue 1 Fall 2006 SUSTAINABLE DEVELOPMENT LAW & POLICY EXPLORING HOW TODAY’S DEVELOPMENT AFFECTS FUTURE GENERATIONS AROUND THE GLOBE IN THIS ISSUE: OCEAN AND FISHERIES LAW 1 | EDITORS’NOTE by Kelly Rain and Maria Vanko 2 | PROTECTING OUR OCEANS: NEW CHALLENGES, NEW SOLUTIONS by David Freestone 5 | REVIEWING THE UNITED NATIONS FISH STOCKS TREATY by David A. Balton and Holly R. Koehler 10 | UNSUSTAINABLE MARINE FISHERIES by Daniel Pauly 14 | CCAMLR AND ANTARCTIC KRILL: ECOSYSTEM MANAGEMENT AROUND THE GREAT WHITE CONTINENT by Virginia Gascón and Rodolfo Werner 17 | THE CONVENTION ON BIOLOGICAL DIVERSITY: MOVING FROM POLICY TO IMPLEMENTATION by Marjo Vierros 22 | THE LEGAL IMPLICATIONS OF CARBON CAPTURE AND STORAGE UNDER THE SEA by Ray Purdy 27 | ARE MARINE NATIONAL MONUMENTS BETTER THAN NATIONAL MARINE SANCTURIES? U.S. OCEAN POLICY, MARINE PROTECTED AREAS, AND THE NORTHWEST HAWAIIAN ISLANDS by Robin Kundis Craig 32 | HOW TO PROTECT A CORAL REEF: THE PUBLIC TRUST DOCTRINE AND THE LAW OF THE SEA by J.C. Sylvan 38 | PORT STATE MEASURES TO COMBAT IUU FISHING: INTERNATIONAL AND REGIONAL DEVELOPMENTS by Judith Swan 45 | COASTAL AND PORT ENVIRONMENTS: INTERNATIONAL LEGAL AND POLICY RESPONSES TO REDUCE BALLAST WATER INTRODUCTIONS OF POTENTIALLY INVASIVE SPECIES by Jeremy Firestone & James J. Corbett 50 | OCEANS AND CLIMATE CHANGE: GLOBAL AND ARCTIC PERSPECTIVES by Magdalena A.K. Muir 56 | CASTING THE NET BROADLY: ECOSYSTEM-BASED MANAGEMENT BEYOND NATIONAL JURISDICTION by Arlo H. Hemphill and George Shillinger 60 | GLOBAL AQUACULTURE ALLIANCE ON BEST AQUACULTURE PRACTICES: AN INDUSTRY PREPARES FOR SUSTAINABLE GROWTH by Daniel Lee and John Connelly 64 | CASE STUDY: THE SUCCESS OF REGIONAL SOLUTIONS IN THE BALTIC by Anne Christine Brusendorff 67 | CONSERVING MARINE HABITATS by Eric A. Bilsky http://www.wcl.american.edu/org/sustainabledevelopment EDITORS’NOTE ecently, scientists predicted that if fishing continues at its current rate there could be a global collapse of all species Rcurrently fished by the middle of the century.1 This dire prediction was coupled with a glimmer of hope—the current FEATURES: trend is still reversible.2 Disregarding the steady stream of new science demonstrat- 13| INTERNATIONAL WHALING COMMISSION ing that our oceans are in trouble appears to be the trend of many INDICATES POTENTIAL REVERSAL OF POLICY governments and policy makers. However, ignorance is no by Athena Kennedy and Jon Feldon longer an excuse and time is running out to repair our marine resources. While we can argue about what percent of fish stocks are being overfished and when the collapse of global fisheries 21| DRILLING DEEPER, DRILLING MORE may actually occur, the bottom-line is that marine resources are by Chris Stefan at risk and require intervention. To reverse this catastrophic trend a number of legal and pol- 36| OIL AND WATER DON’T MIX: LEGAL icy solutions must be implemented. Specifically, illegal fishing REMEDIES FOR ENVIRONMENTAL WARTIME needs to be curtailed, marine pollution needs to be reduced, DESTRUCTION ON LEBANON’S MEDITER- destructive fishing practices must be stopped, protection should RANEAN COAST by Abigail Okrent be afforded to deep sea living resources, the high seas must cease being a global commons, and an effective regime for the 44| CHANGING TIDES: THE NEED FOR NEW conservation and management of international fish stocks needs LEGISLATION TO PREVENT ALGAE BLOOMS to be created. Of utmost importance, compliance and enforce- by Marcel De Armas ment must take center stage when exploring mechanisms to pro- tect marine resources. 55| FISH FRIENDLY VINEYARDS: IS COOPERATIVE Countries have recognized these responsibilities through the creation of domestic regulations, as well as numerous regional CONSERVATION ENOUGH? and multinational agreements. The impact and effectiveness of by Christine Erickson these agreements has varied. For example, not enough has been done to protect straddling fish stocks. It is clear that developing 63| ISLANDS OF GARBAGE CONTINUE TO GROW new solutions for the gaps within the regulation of our oceans is IN PACIFIC by Ursula Kazarian required, and the utilization of international law is vital to meet- ing these challenges. 71| LITIGATION UPDATE by Michael K. Lee Education to prevent a catastrophic future of our marine resources is essential. Countries must make ocean conservation 74| BOOK REVIEW by Julie Yeagle a priority and the public must understand the potential conse- quences if this does not properly occur. We hope that this issue 76| WORLD NEWS by Scott Johnson, of Sustainable Development Law & Policy contributes to this Cari Shiffman, Daniel Winokur effort. 78| BIBLIOGRAPHY Compiled by Catherine Ve rd i e r Kelly Rain Maria Vanko EDITORS-IN-CHIEF 1 Boris Worm, et al., Impacts of Biodiversity Loss on Ocean Ecosystem Ser- vices, Science, Nov. 3, 2006, at 787–790, available at http://www.sciencemag. org/cgi/content/abstract/314/5800/787 (last visited Nov. 5, 2006). 2 Worm, id. 1 SUSTAINABLE DEVELOPMENT LAW & POLICY PROTECTING OUR OCEANS: NEW CHALLENGES, NEW SOLUTIONS AN OVERVIEW OF THIS ISSUE by David Freestone* INTRODUCTION such a short time is not an auspicious record, especially to a ext year it will be a quarter of a century since the con- Convention that had been hailed as the new “Constitution of the clusion of the Third UN Conference on the Law of the oceans.” Both changes however serve to show how quickly the NSea and the signing of the final text of the Convention ocean governance agenda has moved on in the intervening years. (“LOSC”) in Montego Bay in December of 1982. These twenty- For example, in the 1970s the mining of deep seabed man- five years have not been plain sailing. Before the Convention ganese nodules was seen as an important new economic oppor- could even come into force in 1994 a major “implementation” tunity, hence the LOSC contains a complex governance structure agreement had to be signed adjusting key provisions on the under the International Seabed Authority. In 2006 however such seabed régime and in 1995 a further implementation agreement, mining seems unlikely to be commercially viable, while the prompted by the 1992 UN Conference on Environment and more recent discovery of new deep-sea resources both living and Development, was concluded, relating to regulation of straddling non-living, present issues never envisaged by the LOSC drafters. and highly migratory fish stocks. Two major formal changes in Similarly, the seemingly insatiable demand for fish as well as for fossil fuels have pressed exploration and exploitation into distant and dangerous waters, posing threats to the integrity of ocean Sustainable Development Law & Policy (“SDLP”) is a publication ecosystems and biodiversity and unprecedented challenges to of American University’s Washington College of Law (“WCL”). No the legal regime of the oceans. Innovative provisions in the portion of this publication may be reprinted without the express written permission of SDLP. The views expressed in SDLP are LOSC recognize that states acting multilaterally or through those of the authors and do not necessarily reflect those of the “competent international organizations” can develop the LOSC SDLP staff or WCL. All correspondence, reprinting, and article regime further. Nevertheless, new solutions for the problems of submissions may be sent to: SDLP, Washington College of Law, American University, 4801 Massachusetts Avenue, NW Suite 631, regulation of our ocean space still need to be devised within the Washington, DC 20016. E-mail: [email protected]. Phone: broader system of international law, which will allow us to meet 202.274.4057. Current and back issues are available on our website, these new challenges. at http://www.wcl.american.edu/org/sustainabledevelopment. Please see the inside back cover for submissions and subscription CURRENT THREATS TO OUR OCEANS information. Twenty-five years ago marine pollution was seen as the American University is an equal opportunity, affirmative action uni- main threat to the oceans. Today pollution is still an important versity. concern, but it is the future of the world’s fisheries resources EDITORIAL STAFF: which is center stage as a major concern for the international Editors-in-Chief community. This concern is no longer simply an issue of the eco- Kelly Rain, Maria Vanko nomic impact of the decrease of these resources but rising dis- Managing Editor quiet in scientific circles over the potential long-term Cari Shiffman significance of such depletion for marine ecosystems and biodi- Senior Editorial Board Athena Kennedy, Meryl Eschen Mills, Frank Pigott, Jennifer versity generally. Rohleder, Ayako Sato, Matt Trumbull Modern industrial fishing practices