Part I Marine Living Resources and Marine Biodiversity, 2 The Work of the UNESCO-IOC in Respect of Global Ocean Governance

2018 ◽  
Author(s):  
Ehlers Peter
Keyword(s):  
Capacity Building ◽  
International Organizations ◽  
Global Ocean ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Organisational Structure ◽  
Ocean Governance ◽  
Decision Making Processes ◽  
United Nations Convention ◽  
Intergovernmental Oceanographic Commission

This chapter focuses on the work of the Intergovernmental Oceanographic Commission (IOC), a separate unit of UNESCO, in respect to global ocean governance. The functions of IOC are part of the system of ocean governance, based on 1982 United Nations Convention on the Law of the Sea (UNCLOS). Its purpose is to promote international cooperation and to coordinate programmes in research, services and capacity building, in order to learn more about the nature and resources of the ocean and coastal areas and to apply that knowledge for the improvement of management, sustainable development, the protection of the marine environment, and the decision-making processes of its Member States. The chapter first provides an overview of IOC’s purpose and organisational structure, its collaboration with international organizations with regard to ocean governance, and its ocean governance-related activities before discussing the ways in which it contributes to capacity building and enhancing ocean governance.

Part III Marine Biodiversity Conservation and Global Ocean Governance, 8 Marine Biodiversity of Areas Beyond National Jurisdiction: Securing a Sound Law of the Sea Instrument

2018 ◽  
Author(s):  
Millicay Fernanda
Keyword(s):  
Biological Diversity ◽  
Sustainable Use ◽  
Global Ocean ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Ocean Governance ◽  
Preparatory Committee ◽  
National Jurisdiction ◽  
Un General Assembly ◽  
United Nations Convention

This chapter examines the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ). It first provides an overview of the Preparatory Committee (PrepCom), convened by the UN General Assembly to make recommendations on the elements for a possible future multilateral agreement under the United Nations Convention on the Law of the Sea (UNCLOS). The material scope of the PrepCom is constituted by ‘the package’ agreed upon in 2011 and includes the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. The chapter discusses the challenges of the package, focusing on two interlinked dimensions of the package plus the big issue that underlies it. It also considers two main tasks facing PrepCom: the first is to clearly identify all elements of each substantive set of issues composing the package, and the second task is to understand the implications of each element of these three substantive sets of issues and the inter-linkages between them.

Part V Regional Perspectives on Global Ocean Governance, 11 The African Perspective on Global Ocean Governance

2018 ◽  
Author(s):  
Vrancken Patrick
Keyword(s):  
International Law ◽  
Negotiation Process ◽  
International Negotiation ◽  
Global Ocean ◽  
Law Of The Sea ◽  
Customary International Law ◽  
Ocean Governance ◽  
Transport Safety ◽  
African Perspective ◽  
United Nations Convention

This chapter discusses issues of global ocean governance from an African perspective. It first provides an overview of the historical lack of engagement by Africa in the 400-year long evolution of the customary international law of the sea before considering its belated entry into the international negotiation process that yielded the 1982 United Nations Convention on the Law of the Sea (UNCLOS). It then describes the developing institutional framework for African ocean governance, focusing on the African Union and its areas of competence, along with the different African regional arrangements that have been established to address maritime issues ranging from natural environmental protection and sustainable marine resource development, to maritime transport safety and security. It also examines Africa's contribution to global ocean governance framework and concludes with an assessment of the Combined Exclusive Maritime Zone of Africa (CEMZA) proposal.

Part I Assessing the UN Institutional Structure for Global Ocean Governance: The UN’s Role in Global Ocean Governance, 5 The Role of International Tribunal for the Law of the Sea (ITLOS) in Global Ocean Governance

2018 ◽  
Author(s):  
Golitsyn Vladimir
Keyword(s):  
International Law ◽  
Global Ocean ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Progressive Development ◽  
Ocean Governance ◽  
United Nations Convention ◽  
The Law ◽  
Advisory Opinions

This chapter focuses on the role of the International Tribunal for the Law of the Sea (ITLOS) in global ocean governance. Established under the United Nations Convention on the Law of the Sea (UNCLOS), the jurisdiction of the ITLOS comprises all disputes and all applications concerning interpretation or application of the Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. In the performance of its responsibilities, ITLOS has accumulated a body of jurisprudence which constitutes its contribution to the progressive development of international law of the sea and thus global ocean governance. The chapter discusses the most important examples of the ITLOS's contribution to the global ocean governance, such as dealing with contentious cases, requests for provisional measures, and prompt release cases as well as providing advisory opinions.

Part IV Maritime Security and Global Ocean Governance, 9 The Application of Force as an Aspect of Global Ocean Governance

2018 ◽  
Keyword(s):  
United Nations ◽  
International Law ◽  
Global Ocean ◽  
Law Of The Sea ◽  
Public International Law ◽  
Ocean Governance ◽  
United Nations Convention ◽  
Emerging Themes ◽  
The United Nations ◽  
Definition Of

This chapter examines the concept of ‘force’ as invoked in public international law more generally and in Article 301 of the United Nations Convention on the Law of the Sea (UNCLOS) more specifically, with emphasis on its application as an aspect of global ocean governance. Article 301 adopts the formulation of the prohibition of force contained in the Charter of the United Nations, but a variation of this formulation can also be found in the definition of ‘innocent passage’ contained in Article 19(2) of UNCLOS. The chapter considers the scope of this prohibition and the actions — or activities — it was designed to address as well as the occasions when UNCLOS envisages some form of physicality or physical interposition by States occurring outside their respective jurisdictions. It also discusses the threat as well as the use of force as spelled out in Article 2(4) of the UN Charter, along with emerging themes for ocean governance.

Part I Assessing the UN Institutional Structure for Global Ocean Governance: The UN’s Role in Global Ocean Governance, 4 The Role of the Commission on the Limits of the Continental Shelf in the Governance of the Seas and Oceans

2018 ◽  
Author(s):  
Subedi Surya P
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Global Ocean ◽  
Financial Resources ◽  
Law Of The Sea ◽  
Ocean Governance ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The Law

This chapter discusses the role of the Commission on the Limits of the Continental Shelf, established under the United Nations Convention on the Law of the Sea (UNCLOS), in the governance of the seas and oceans. It first considers the competition for the resources of the seas and oceans among States before providing an overview of the functions of the Commission. It then outlines the criteria for the establishment of the outer limits of the continental shelf and proceeds by analysing the challenges for the Commission in dealing with claims by coastal States for the extension of their continental shelves beyond 200 nautical miles. It also examines issues such as ambiguity in the law itself, the workload of the Commission, problems of enforcement, questions of transparency and accountability, financial resources, and independence of the Commissioners.

12 The IMO: The Role of the Classification Societies in Promoting Global Ocean Governance

2018 ◽  
Author(s):  
Delgado Ismael Cobos
Keyword(s):  
International Organizations ◽  
International Association ◽  
Active Participation ◽  
International Maritime Organization ◽  
Global Ocean ◽  
Member States ◽  
Ocean Governance

This chapter discusses the role of classification societies in their capacity as recognized organizations (ROs) acting on behalf of maritime administrations to ensure that ships, old and new, meet their obligations under International Maritime Organization (IMO) regulations and standards. Another aspect of the role of classification societies is to ensure that ships are designed, constructed, and maintained in compliance with the standards set by the International Association of Classification Societies (IACS). The chapter helps to that the IMO acting alone cannot provide all the answers to all of the issues regarding ocean governance. After all, the Organization relies heavily on the active participation not only of its Member States but also on those intergovernmental international organizations (IGOs) and non-governmental international organizations (NGOs) that are affiliated to it. In many situations, they have the specialized expertise and experience required to ensure that whatever regulations are adopted by the IMO are practicable.

Part II Commercial Aspects of the Marine Environment, 6 The Work of the International Monetary Fund and Its Possible Relevance to Global Ocean Governance

2018 ◽  
Author(s):  
Doussis Emmanuella
Keyword(s):  
International Monetary Fund ◽  
Technical Assistance ◽  
Institutional Development ◽  
Global Ocean ◽  
International Agencies ◽  
Ocean Governance ◽  
History Of ◽  
Decision Making Processes ◽  
The International Monetary Fund ◽  
The Imf

This chapter discusses the role of the International Monetary Fund (IMF) in global ocean governance. It first traces the history of the IMF, from its inception at Bretton Woods in 1944 to the late 1970s and beyond, and highlights the factors that have influenced its institutional development as well as its current institutional profile. It then describes the IMF’s membership, structure, main functions, and decision-making processes before analysing the possible input of the Fund to matters related to ocean governance. In particular, it considers the ways in which the IMF is involved in global ocean governance through its three main functions: economic surveillance, lending, and capacity building. Although the Fund has no direct relevance to global ocean governance, the chapter shows that the IMF may contribute to its improvement by providing technical assistance and policy advice, as well as a better interaction with other, more competent, international agencies.

20 Regional Fisheries Management Organizations

2015 ◽  
Author(s):  
Rayfuse Rosemary
Keyword(s):  
Climate Change ◽  
United Nations ◽  
Fisheries Management ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Specific Content ◽  
United Nations Convention ◽  
The United Nations ◽  
Regional Fisheries Management Organizations ◽  
Regional Fisheries Management

This chapter assesses the contribution of Regional Fisheries Management Organisations (RFMOs) to the achievement of the principles of conservation and cooperation articulated in the United Nations Convention on the Law of the Sea (LOSC). It begins with a brief historical introduction to the institutionalisation of cooperation through RFMOs and an examination of their structural limitations. It then considers the role and contribution of RFMOs in developing the specific content of the obligation to conserve, including the implications for RFMOs of the increasing recognition of the need to protect, conserve, and manage marine biodiversity in general. Finally, it examines the challenges to RFMOs posed by climate change.

Part I Assessing the UN Institutional Structure for Global Ocean Governance: The UN’s Role in Global Ocean Governance, 1 The Role of the United Nations, including its Secretariat in Global Ocean Governance

2018 ◽  
Author(s):  
Goettsche-Wanli Gabriele
Keyword(s):  
Climate Change ◽  
United Nations ◽  
Mitigation Measures ◽  
Global Ocean ◽  
Marine Biodiversity ◽  
Ocean Governance ◽  
Recent Developments ◽  
Un General Assembly ◽  
The United Nations

This chapter examines the role of the United Nations and its related institutions for global ocean governance, including those established by the entry into force of the United Nations Convention on the Law of the Sea (UNCLOS). It first considers the main issues that these institutions have addressed, ranging from sustainable fisheries, via ecosystem protection, to marine biodiversity conservation; and more recently, maritime security. It then argues that the impacts of climate change have arguably not been directly addressed by either the global ocean governance regime, as it is currently constituted, nor by the climate change regime, at least until recent developments through the 2015 Paris Agreement relating to adaptation and mitigation measures in direct response to sea-level rise and the effects of ocean acidification. The chapter proceeds by discussing UNCLOS and its related legal instruments, UN Conferences and Summit on sustainable development, and the role played by the UN General Assembly (UNGA) in global ocean governance.

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