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1.
《Marine Policy》2014
For nearly a decade, governments have been discussing the need to improve efforts to conserve and sustainably use marine biodiversity in areas beyond national jurisdiction (ABNJ). Support for a new international agreement under the United Nations Convention on the Law of the Sea (UNCLOS) – an Implementing Agreement – on the conservation and sustainable use of marine biodiversity in ABNJ has been growing. In June 2012, at the United Nations Conference on Sustainable Development held in Rio de Janeiro, Brazil, States agreed to take a decision on the development of an international instrument under UNCLOS before the end of the 69th session of the United Nations General Assembly (UNGA), which runs from September 2014 to August 2015. In follow-up to this commitment, it was agreed to consider the “scope, parameters and feasibility” of this instrument. To inform these international discussions, this article highlights some potential options for the content of a new UNCLOS Implementing Agreement. It first reviews the history of UN discussions, and then elaborates on options to address key elements identified as priorities for States in 2011: marine genetic resources, including the sharing of benefits, area-based management tools, including marine protected areas, environmental impact assessments, capacity-building and the transfer of marine technology. It addresses cross-cutting issues such as the governing principles, institutional structure as well as on other critical points such as High Seas fishing and flag State responsibilities. The article concludes with suggestions on possible next steps in order to succeed in the negotiations for an agreement. 相似文献
2.
国家管辖范围以外区域(Areas Beyond National Jurisdiction,ABNJ)海洋生物多样性养护与可持续利用问题是当前国际社会共同关注的一个焦点。联合国大会2015年通过关于BBNJ(Biodiversity Beyond National Jurisdiction)养护和可持续利用问题的69/292号决议,决定在《联合国海洋法公约》框架下制定具有法律约束力的新协定(BBNJ国际协议)。环境影响评价是BBNJ国际协议的重要组成部分。对ABNJ当前主要的人类活动以及现有环境管理机制进行梳理,结合国际层面和区域组织的环境影响评价框架以及主要国家的环境影响评价实践,对ABNJ主要人类活动的环境影响评价筛选机制进行研究,着重分析以“重大不利影响”作为环境影响评价的启动门槛的正当性;并从项目的选址、项目特征和项目影响这3个主要因素出发,阐明适用于ABNJ的环境影响评价筛选标准;最后,基于不同类型活动的综合分析,就ABNJ环境影响评价的适用活动范围进行初步探讨,并尝试为ABNJ环境影响评价适用的活动清单提出方案设想。 相似文献
3.
Fragmentation in high seas fisheries: Preliminary reflections on a global oceans governance approach
《Marine Policy》2017
Notwithstanding the wide range of actions taken to strengthen the legal regime of international fisheries, overexploitation and the risk of depletion of stocks have been strong concerns for decades. Indeed, the regime of international fisheries law is currently not rooted in sustainability, and it does not adequately take into consideration the impact of fishing activities on the wider marine environment. One of the main causes lies in fragmentation of international fisheries law: a lack of coordination between instruments and institutions, and gaps in effective coherent structures for fisheries management. Areas beyond national jurisdiction (ABNJ), including the high seas, are particularly prone to this lack of coordination and integration.One alternative to reach a durable management of high seas fisheries might be found in a ‘global oceans governance approach’. This paper explores how this approach could impact the fragmented regime of fisheries. It suggests that governance-based perspectives underline concepts rooted in adaptability and interactions, concepts that suggest to approach international fisheries law not as a static set of rules but as an evolutive process. Reflecting on an overarching goal of coordination and possible management challenges in ABNJ provides an interesting starting point to develop a comprehensive understanding of the impacts of oceans governance on the fragmented legal regime of high seas fisheries. We now need to see how to give effect to governance, a task that remains, at this point, a work in progress. 相似文献
4.
《Marine Policy》2014
While the international community debates the desirability and possible content of a new global instrument for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction, alternative approaches to improving the application and implementation of existing agreements for the protection of biodiversity appear to have fallen off the agenda. Recent practice under existing global and regional agreements suggests that, given political will, significantly greater protections could be achieved through the more effective implementation of individual sectoral agreements. However, while single-sector measures have the potential to make a valuable contribution, ultimately only multi-sectoral, integrated, cooperative management can ensure the conservation and long-term sustainable use of marine biodiversity in ABNJ. This requires establishing mechanisms for cooperation both intra and inter-sectorally, as well as between the sectoral and global and regional conservation agreements. This paper examines recent initiatives within various sectoral and conservation treaty regimes aimed at improving their application within ABNJ as well as some of the challenges to, and options for, further and better cooperation and coordination among and between existing regimes, and it identifies a range of possible mechanisms for achieving more effective implementation and coordination among them. Greater use of existing mechanisms represents a sensible approach to making the most of existing arrangements without in any way foreclosing the possibility of the adoption of a more comprehensive, integrated global agreement for the protection of marine biodiversity in ABNJ. 相似文献
5.
《Marine Policy》2016
Marine scientific research is crucial to forge solutions in the development of a new international legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (ABNJ) under the 1982 United Nations Convention on the Law of the Sea . The transfer of marine technology, capacity development and marine genetic resources are key issues. This paper examines how the Intergovernmental Oceanographic Commission (IOC), as a competent international organisation for marine scientific research and technology transfer, can inform the development of the instrument. Synergies between marine technology transfer and non-monetary benefit sharing of genetic resources are illustrated. Four key lessons from the IOC are examined: 1. Coordinating international cooperation in marine scientific research; 2. Enabling open access to data and knowledge; 3. Facilitating capacity development through scientific training and education; and 4. Governance of marine scientific research. Realising the potential of the IOC to advance governance solutions for ABNJ will depend on increased political will from Member States and strengthened partnerships to reduce resource constraints and enhance the IOC's capacity at global and regional scales. 相似文献
6.
《Marine Policy》2014
Past decades have shown a constant increase in the number of international agreements regulating marine areas. Environmental changes as well as technological developments resulting in an increased use of oceans ensure the need for further governance in the future of high seas. At the same time, compliance by States with international obligations remains a considerable challenge in international law. In particular, regulations governing areas beyond national jurisdiction (ABNJ) are at risk of not being obeyed due to factual challenges posed to the control of high seas territories and the (legal) limits of the law of the sea. This article evaluates a stronger cooperation between States through the incorporation of compliance control systems in agreements regulating ABNJ in order to enhance compliance by States. For this purpose, provisions on compliance control measures which have already been established in two agreements regulating ABNJ, namely the International Convention for the Regulation of Whaling and the United Nations Fish Stocks Agreement, are analyzed. It is argued that the incorporation of compliance control elements into agreements regulating ABNJ is a promising avenue to secure improved compliance among States Parties and further implementation of this approach is recommended. 相似文献
7.
《Ocean & Coastal Management》2000,43(2-3):141-161
Various images help capture the status and trends of international law and policy efforts to protect the ocean environment. While “treading water” and “sinking” partly describe legal conditions at the millennium, this paper examines seven challenges in the international environmental law field which at the very least promise to make for a “hard swim” in coming decades. Those challenges include: coping with the proliferation of negotiated instruments; overcoming political opposition to environmental commitments; clarifying the jurisprudential underpinnings of international environmental law; sorting out the relation of environmental ethics, science and the rule of law; fleshing out the principles of sustainable development; addressing practical problems of implementing international responsibilities; and visioning future paths of ocean governance. 相似文献
8.
《Marine Policy》2015
The development of regional governance for the protection of the environment, sustainable use of natural resources and conservation of its biodiversity is unquestionably a cornerstone of international environmental law and policy. With regard to marine and coastal issues, it has mainly been taking place through Regional Seas programmes, Regional Fishery Bodies and Large Marine Ecosystems mechanisms. Based on a similar geographical approach, however, these regional mechanisms raise concerns relating to their coordination and efficiency, and possibly overlap in what they aim to achieve. This paper provides a review of existing regional oceans governance mechanisms, assessing their individual and collective capacities to move towards ecosystem-based management, and highlighting options to make the regional landscape more coherent and effective. 相似文献
9.
《Marine Policy》2016
A decade of international discussion on marine biological diversity beyond areas of national jurisdiction (BBNJ) culminated in 2015 with a United Nations General Assembly Resolution to establish an international legally-binding instrument on the conservation and sustainable use of BBNJ. Proponents of the new instrument therefore consider it as an opportunity to eliminate gaps in the current legal regime and promote better coordination. As the next step in the negotiations begins, substantial lessons can be drawn from the 1995 UN Fish Stocks Agreement (UNFSA), which has faced many of the same challenges related to gaps in scientific knowledge, uneven governance and regulatory capacities, and inherent unpredictability, both ecologically and in terms of anthropogenic drivers of change. For BBNJ, however, such challenges are far more complex due to the diversity of stakeholder communities and the diversity of resources involved, including fish and mineral resources with tangible economic values, marine genetic resources of unknown value, and the culturally-specific values attached to charismatic species and conservation in general. Drawing on lessons from UNFSA, it is argued that the establishment of marine protected areas (MPAs) under the BBNJ instrument would be particularly well served by a similar regional approach aligned with existing international agreements. In this regard, it is recommended that the capacity building under the new international instrument on BBNJ should focus inter alia on the secretariats of the regional fishery management organizations in order to enhance intra-regional and inter-regional cooperation and sharing of best practices. 相似文献
10.
On Ireland's continental shelf, as well as within its Exclusive Economic Zone (EEZ), there are significant biodiversity hotspots including those associated with Cold Water Corals (CWC). Some of these ecosystems enjoy little or no actual protection and are subject to the effects of open access. Sectorally driven initiatives, a recalcitrant attitude to environmental law and inadequate governance, have added to the conditions that have facilitated years of damage by fishers and other actors from many States. A review of the current governance regime, influenced primarily by the Common Fisheries Policy (CFP), is presented. Failings of this regime are highlighted by the destruction of some biodiversity hotspots associated with vulnerable marine ecosystems (VMEs), an externality primarily arising from the effects of deepwater fishing. While exploring some of the principles relating to the institution of property rights, this paper makes a link between property rights, the public trust doctrine and sovereign rights. The paper suggests that such biodiversity systems are the property of citizens of the individual States in whose area of jurisdiction they occur. The paper argues for an Irish State property rights regime as part of an ecosystem approach within a nested institutional architecture. This has important implications for the governance of biodiversity such as that associated with CWC and for the development of an Irish National Oceans Policy. 相似文献
11.
《Marine Policy》2017
Some scholars have thought the United Nations Convention on the Law of the Sea would transform marine politics and policy by incorporating social values of equity and justice via the Common Heritage of Mankind and authentic conservation of an essential part of the biosphere, displacing the dominant commodification of the ocean. Likewise, the United Nations Food and Agricultural Organization has claimed that the “productivity paradigm” of growth in fishery catch has been replaced by balanced norms of sustainability. This article tests these claims by asking “What is the ‘generative grammar’, or value-based blueprints, of governance for the World Ocean?” using a quantitative content analysis of all extant State of the World Fisheries and Aquaculture (SOFIA) reports (1995–2016). Not only does the analysis disprove the FAO’s assertions, this research reveals an otherwise invisible, non-codified economistic regime governing the World Ocean that is guided by the norms of sheer volume production, named here simply the “World Ocean Regime.” This partially explains why the marine world is experiencing structural ecological changes, including massive biodiversity loss partly driven by overfishing. The analysis finds that overfishing, ecological life support, moral aesthetic values, social equity, and science are very minor concerns for the World Ocean Regime. Governance is the second-most important set of discourses, but this governance is clearly driven by economic values and norms. The World Ocean Regime has critical implications not only for the sustainability of the World Ocean, but the planetary system that depends on the World Ocean. 相似文献
12.
《Marine Policy》2014
Marine genetic resources are a subject of a growing body of research and development activities, as demonstrated by the abundance of marine patented genes reported in GenBank. Given the lack of a comprehensive legal regime for the management of marine genetic resources in areas beyond national jurisdiction, the General Assembly of the United Nations met in 2006 to discuss whether there are regulatory or governance gaps and how to address them. Besides the crystallization of the different political positions, the process is now advancing towards making a decision about whether to develop an international instrument under the United Nations Convention on the Law of the Sea (UNCLOS) for the conservation and sustainable use of marine biological diversity, within which the regulation of access to genetic resources and the sharing of benefits from their utilization has emerged as an in-dissociable issue. In order to propose concrete options to be considered for the establishment of a legal framework addressing these issues, policy-makers need to better understand the feasibility, the costs and the modalities of scientific activities undertaken, together with the actual level of commercialization of new products. They also need to be aware of the already advanced practices in place within the scientific community, especially regarding sharing of non-monetary benefits. This paper particularly highlights and discusses practical scenarios to advance in the international process, based on the approaches adopted in other regional and international regimes for the management of genetic resources and on the best practices developed within the scientific community. 相似文献
13.
Marine reserve networks are an essential and effective tool for conserving marine biodiversity. They also have an important role in the governance of oceans and the sustainable management of marine resources. The translation of marine reserve network theory into practice is a challenge for conservation practitioners. Barriers to implementing marine reserves include varying levels of political will and agency support and leadership, poorly coordinated marine conservation policy, inconsistencies with the use of legislation, polarised views and opposition from some stakeholders, and difficulties with defining and mapping conservation features. The future success of marine reserve network implementation will become increasingly dependent on: increasing political commitment and agency leadership; greater involvement and collaboration with stakeholders; and the provision of resources to define and map conservation features. Key elements of translating marine reserve theory into implementation of a network of marine reserves are discussed based on approaches used successfully in New Zealand and New South Wales (Australia). 相似文献
14.
《Marine Policy》2017
Marine conservation actions are promoted to conserve natural values and support human wellbeing. Yet the quality of governance processes and the social consequences of some marine conservation initiatives have been the subject of critique and even human rights complaints. These types of governance and social issues may jeopardize the legitimacy of, support for and long-term effectiveness of marine conservation. Thus, we argue that a clearly articulated and comprehensive set of social standards - a code of conduct - is needed to guide marine conservation. In this paper, we draw on the results of an expert meeting and scoping review to present key principles that might be taken into account in a code of conduct, to propose a draft set of foundational elements for inclusion in a code of conduct, to discuss the benefits and challenges of such a document, and to propose next steps to develop and facilitate the uptake of a broadly applicable code of conduct within the marine conservation community. The objectives of developing such a code of conduct are to promote fair conservation governance and decision-making, socially just conservation actions and outcomes, and accountable conservation practitioners and organizations. The uptake and implementation of a code of conduct would enable marine conservation to be both socially acceptable and ecologically effective, thereby contributing to a truly sustainable ocean. 相似文献
15.
《Marine Policy》2017
Taxonomic information provides a crucial understanding of the most basic component of biodiversity – which organisms are present in a region or ecosystem. Taxonomy, however, is a discipline in decline, at times perceived as ‘obsolete’ due to technical advances in science, and with fewer trained taxonomists and analysts emerging each year to replace the previous generation as it retires. Simultaneously, increasing focus is turned towards sustainable management of the marine environment using an ecosystem approach, and towards conserving biodiversity, key species, and habitats. Sensitive indicators derived from taxonomic data are instrumental to the successful delivery of these efforts. At the base of the marine food web and closely linked to their immediate environment, plankton are increasingly needed as indicators to support marine policy, inform conservation efforts for higher trophic organisms, and protect human health. Detailed taxonomic data, containing information on the presence/absence and abundance of individual plankton species, are required to underpin the development of sensitive species- and community-level indicators which are necessary to understand subtle changes in marine ecosystems and inform management and conservation efforts. Here the critical importance of plankton taxonomic data is illustrated, and therefore plankton taxonomic expertise, in informing marine policy and conservation and outline challenges, and potential solutions, facing this discipline. 相似文献
16.
Biological diversity, or biodiversity, is high on the international agenda for nature conservation. Marine and coastal ecosystems account for an important share of the biological diversity on Earth. As a consequence many international conventions, European legislation and national laws refer to marine biodiversity. The protection of marine biodiversity is a complex legal issue as it requires consideration of geographic (between land and sea), political (between conservation and exploitation), and economic (between fisheries, tourism, intellectual property and many other sectors) factors. Like Matryoshka dolls, marine biodiversity is a heterogeneous notion difficult to address as one discrete area in the development of policy agendas or juridical frameworks. In the past decade, the EU has been very active in Promoting Integrated Coastal Zone Management and in developing a framework for an Integrated Maritime Policy. This article reviews the status of marine biodiversity in the policy and legal initiatives of the European Union, a challenging issue to both the objectives of conservation and to the concept of integration. 相似文献
17.
21世纪以来底拖网渔业的快速发展给脆弱海洋生态系统（VME）带来极大威胁,导致公海深海渔业发展不可持续以及海洋生物多样性降低。为更好地实现养护海洋渔业资源和保护海洋生物多样性的目标,同时为我国在保护VME以及管理公海深海渔业方面提供参考,文章分析八大区域渔业管理组织（RFMO）针对VME保护采取的系列措施及其保护VME的可行性,针对存在的问题提出对策建议,并对我国在RFMO中保护VME进行展望。研究结果表明：《公海深海渔业管理国际准则》在RFMO保护VME的实践中发挥重要的指导作用;RFMO采取的措施限制深海渔业活动,但为保护VME和养护海洋渔业资源提供重要基础和保障;未来RFMO应加强信息共享和技术合作,发展VME分布预测技术,同时在保护海洋生物多样性方面积极开展双边和多边合作;我国应进一步研究和实践基于生态系统的渔业管理方法,平衡保护与开发利用的关系,积极参与国际渔业管理和VME保护并促进合作,加强南极海域海洋保护区综合治理。 相似文献
18.
《Marine Policy》2014
The ocean regulates the global climate, provides humans with natural resources such as food, materials, important substances, and energy, and is essential for international trade and recreational and cultural activities. Together with human development and economic growth, free access to, and availability of, ocean resources and services have exerted strong pressure on marine systems, ranging from overfishing, increasing resource extraction, and alteration of coastal zones to various types of thoughtless pollution. Both economic theory and many case studies suggest that there is no “tragedy of the commons” but a “tragedy of open access”. With high likeliness, structures of open access are non-sustainable. International cooperation and effective governance are required to protect the marine environment and promote the sustainable use of marine resources in such a way that due account can be taken of the environmental values of current generations and the needs of future generations. For this purpose, developing and agreeing on one Sustainable Development Goal (SDG) specifically for the Ocean and Coasts could prove to be an essential element. The new SDGs will build upon the Millennium Development Goals (MDGs) and replace them by 2015. Ensuring environmental sustainability in a general sense is one of the eight MDGs but the ocean is not explicitly addressed. Furthermore, the creation of a comprehensive underlying set of ocean sustainability targets and effective indicators developed within a global Future Ocean Spatial Planning (FOSP) process would help in assessing the current status of marine systems, diagnosing ongoing trends, and providing information for inclusive, forward-looking, and sustainable ocean governance. 相似文献
19.
为了找到逆转海洋健康状况衰退的有效途径,联合国决定自2021年启动“联合国海洋科学促进可持续发展十年”(以下简称“海洋十年”)计划。2020年12月31日获得联合国大会审议通过的《“海洋十年”实施计划》以“构建我们所需要的科学、打造我们所希望的海洋”为愿景,描绘了“海洋十年”的预期成果、挑战与目标,以及实施、治理、协调、筹资、监督与审查等机制。“海洋十年”被联合国喻为“一生一次”的计划,是联合国发起的海洋大科学综合性顶层计划,它将通过激发和推动海洋科学领域的变革,在全球和国家层面构建更加强大的基于科技创新的治理体系来实现海洋的可持续发展。这将深刻改变人类对海洋的认知与行为模式,深刻影响乃至引导海洋秩序的演化过程,也会对海洋区域合作整体布局产生较大影响。建议我国以“海洋命运共同体”理念为指导,积极参与“海洋十年”,作为深度参与全球海洋治理的核心抓手,尽快组建“海洋十年”国家委员会,制定中国行动方案,与国际社会一道推进海洋的可持续发展。 相似文献
20.
海洋生物技术是规模化生产和利用海洋生物资源获取海洋生物产品和服务的系统工程技术。自1989年日本东京第一届国际海洋生物技术会议以来,国际海洋生物技术在促进海水养殖业健康可持续发展、开发海洋生物制品、保护海洋环境、保护海洋生物多样性以及建设“和谐海洋”等领域得到迅猛发展,不仅促进了传统海洋生物产业的转型升级,还催生了包括海洋天然药物、海洋生物材料等许多新的产业生长点。第十二届国际海洋生物技术会议于2019年9月9?13日在日本静冈召开,会议以“下一代的海洋生物技术”为主题,旨在全球范围内交流海洋生物技术研究和开发的最新进展,强化一个国际层面的“政府?学术?产业”之间的交流与合作平台。这次会议最大的特点是把青年科学家、企业家和政策制定者推向了大会交流的一线。本文针对本次会议反映的新进展,提出我国未来5～10年特别值得关注的重点方向,建议把青年人才特别是学术、工程和产业融合型人才的培养放到最重要的位置,及时布局下一代海洋生物技术的原始创新和新兴产业孵化的战略制高点。 相似文献