Part V Regional Perspectives on Global Ocean Governance, 15 The Australian and Antarctic Perspective on Global Ocean Governance

2018 ◽  
Author(s):  
Warner Robin
Keyword(s):  
Maritime Security ◽  
Policy Framework ◽  
Global Ocean ◽  
Marine Biodiversity ◽  
Law And Policy ◽  
Ocean Governance ◽  
National Jurisdiction ◽  
Antarctic Treaty ◽  
Marine Areas ◽  
The Antarctic

This chapter examines issues of global ocean governance in Australia and Antarctica. It first provides an overview of Australia's law and policy framework for ocean governance as well as its maritime jurisdiction before discussing issues regarding management of rights and responsibilities on Australia's extended continental shelf. It then considers Australia's engagement with regional initiatives to conserve and sustainably use marine biodiversity, and the ways it addresses global and regional maritime security. In particular, it analyses the Australian Oceans Policy on maritime security and how it evolved in response to rising instances of ‘people-smuggling’ incidents to establish both national and regional policies against this practice. The chapter goes on to assess ocean governance in Antarctica, focusing on the Antarctic Treaty and the cooperation among its partners in the development of a comprehensive environmental protection regime which applies to marine areas both within and beyond national jurisdiction.

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.

scholarly journals Towards Integrated Management of Regional Marine Protected Area Networks

2021 ◽  
Vol 9 (2) ◽  
pp. 212-242
Author(s):  
James Harrison
Keyword(s):  
Marine Protected Area ◽  
Integrated Management ◽  
Legal Framework ◽  
Ocean Governance ◽  
Antarctic Marine ◽  
National Jurisdiction ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Institutional Fragmentation

Abstract Marine protected areas (MPA s) are an important tool for protecting marine ecosystems both within and beyond national jurisdiction, but the integrated management of MPA s is challenging due to the institutional fragmentation that exists in international ocean governance at global and regional levels. In the absence of fundamental reform of international ocean governance, integrated management of MPA s can at present only be achieved through cross-sectoral cooperation and coordination between relevant international institutions. Understanding regime interaction in this context requires an analysis of both the relevant legal framework and the manner in which coordination mechanisms operate in practice. This article carries out a case study of regime interaction between the Antarctic Treaty and the Convention on the Conservation of Antarctic Marine Living Resources, as well as other relevant institutions, in order to identify the key opportunities and challenges for promoting the integrated management of regional MPA networks in practice. It will also consider how the cooperative arrangements for the regional management of the Southern Ocean may provide lessons for the development of a new legally binding instrument for the conservation and management of biodiversity in areas beyond national jurisdiction.

Oceans of Opportunity and Challenge

2018 ◽  
Vol 3 (2) ◽  
pp. 157-175
Author(s):  
Robin Warner
Keyword(s):  
Marine Pollution ◽  
Regional Scale ◽  
Sustainable Use ◽  
Climate Change Impacts ◽  
Marine Biodiversity ◽  
Multiple Sources ◽  
Ocean Governance ◽  
Preparatory Committee ◽  
National Jurisdiction ◽  
Marine Areas

Marine areas beyond national jurisdiction cover approximately forty percent of the planet’s surface. They host abundant marine biodiversity, which is under increasing pressure from activities such as fisheries and shipping as well as multiple sources of marine pollution and climate change impacts. The process initiated by the UN General Assembly (UNGA) Resolution 69/292 to develop the elements of an international legally binding treaty (ILBI) for conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ) has the potential to contribute to a more integrated and cross sectoral system of oceans governance at a global and regional scale. This article reviews the outcome of the Preparatory Committee meetings on the ILBI including areas of convergence and divergence among the negotiating parties. As the process enters the inter-governmental conference phase, it also examines how the anticipated ILBI might enhance existing ocean governance frameworks.

scholarly journals The Relevance of the Southern Ocean to the Development of a Global Regime for Marine Areas beyond National Jurisdiction—An Uncommon Commons

2017 ◽  
Vol 32 (4) ◽  
pp. 709-732 ◽  
Author(s):  
Constance M. Johnson
Keyword(s):  
Biological Diversity ◽  
Sustainable Use ◽  
Current Approach ◽  
United Nations General ◽  
National Jurisdiction ◽  
Global Regime ◽  
Antarctic Treaty ◽  
General Assembly Resolution ◽  
Marine Areas ◽  
The Antarctic

Abstract The Southern Ocean’s areas beyond national jurisdiction (abnj) are uncommon in a number of ways. This article first discusses features of the Southern Ocean’s uncommonness that may be relevant to the relationship between the Antarctic Treaty System (ats) and the development of the international legally binding instrument on the conservation and sustainable use of marine biological diversity of abnj under United Nations General Assembly Resolution 69/292 (ilbi). Second, the article considers the potential relationship between the ilbi and the ats. Third, the article discusses the current approach of the ats to governance of the Southern Ocean’s abnj by focusing on two particular topics which are to be included in the development of the ilbi. The topics discussed are measures (such as area-based management, including marine protected areas) and marine genetic resources.

scholarly journals Indo-Pacific Maritime Cooperation: ASEAN Mechanisms on Security Towards Global Maritime Governance

2019 ◽  
Vol 13 (1) ◽  
pp. 1
Author(s):  
Angel Damayanti
Keyword(s):  
International Law ◽  
Maritime Security ◽  
Global Ocean ◽  
Security Cooperation ◽  
Trading System ◽  
Common Concern ◽  
West Pacific Ocean ◽  
Ocean Governance ◽  
International Stability ◽  
The Common

The importance of the sea in the current era of globalization has called all countries for managing their interests at sea as well as their common concern collectively, cooperatively and inclusively. By looking at the notions of the sea as a medium of connectivity and sea as a resource coupled with its vulnerability particularly in Indian and Pacific Oceans, Indo-Pacific maritime cooperation towards global ocean governance accordingly are vital to the international stability, a successful of sea-based trading system and sustainability use of the oceans. Therefore this article discusses the rationale of Indo-Pacific Maritime Cooperation, which made possible by the common concern of countries that locate between the Indian and West Pacific ocean maritime, the vulnerabilities of the region and the existence of various ASEAN’s mechanisms on Maritime Security Cooperation as well as regional regime and international law. Nevertheless, ASEAN needs to note some issues relating to its consolidation as well as the internal challenges in the realization of global maritime governance.

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.

Developing an Iranian Antarctic Science Roadmap: A Legal and Policy Outlook

2019 ◽  
Vol 10 (1) ◽  
pp. 435-454
Author(s):  
Zia E. Madani ◽  
Julia Jabour
Keyword(s):  
Scientific Research ◽  
Strategic Plan ◽  
Geographical Proximity ◽  
Law And Policy ◽  
Number Of Factors ◽  
The Status ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Preparatory Work ◽  
Antarctic Treaty System

The Antarctic offers unique opportunities to scientists in many disciplines for improving understanding of regional and global conditions. The governing Antarctic Treaty has 53 State Parties, many of which do not have geographical proximity to the continent. However, the importance of various disciplines of science and many other factors, urge them to participate in the Antarctic scientific activities. Therefore, it is not surprising that Iran is considering participation in Antarctic scientific research, and it has now set processes in motion to join these states in their endeavour to undertake research in Antarctica and contribute to its governance. Iran will develop a strategic plan prior to the commencement of its Antarctic activities, outlining its vision and objectives of an Antarctic program, as well as the financial and logistical implications, and is currently undertaking preparatory work that will culminate in the drafting of an Antarctic strategic plan. In doing so, the authors examined a number of factors including ones that could be identified in Antarctic law and policy as influencing the status and development of the existing Antarctic regime, the recent Antarctic Treaty States’ accession processes and strategies, the express or implied motivations for States to join the Antarctic Treaty, and generally the Antarctic Treaty System, all of which can be reached based on the aforementioned examination that can be incorporated in an Iranian Antarctic science roadmap.

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.

Part I Marine Living Resources and Marine Biodiversity, 3 The Work of the International Civil Aviation Organization in Respect of Global Ocean Governance

2018 ◽  
Author(s):  
Rodotheatos Gerasimos
Keyword(s):  
Environmental Protection ◽  
Knowledge Building ◽  
Aviation Safety ◽  
Global Ocean ◽  
Civil Aviation ◽  
Marine Biodiversity ◽  
International Civil Aviation Organization ◽  
Future Prospects ◽  
Military Cooperation ◽  
Ocean Governance

This chapter focuses on the work of the International Civil Aviation Organization (ICAO) in respect to global ocean governance. ICAO, which was created to replace the International Commission for Air Navigation (ICAN), has three main goals: encourage international civil aviation and promotion of its benefits; preserve the safety of flights and relevant equipment and installations; and eliminate obstacles and ease tensions related to civil aviation. The chapter first provides a background on ICAO before discussing its role in global ocean governance. It also considers the three pillars of interaction that fall under ICAO’s mandate and are deeply related to ocean affairs and the mandate of marine organizations: aviation, safety/security, and environment. Finally, it assesses future prospects for ICAO with regard to its mandate by highlighting three areas: knowledge building for environmental protection and management, civil–military cooperation in air and sea, and preparedness for emerging/upcoming technological challenges.

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