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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.
《Ocean & Coastal Management》1999,42(12):999-1018
A review is presented of major international actions taken to address the pollution of the marine environment, from various sources. The actions are put into the context of the third United Nations Convention on the Law of the Sea and the outcomes of the United Nations Conference on Environment and Development 1992, and are related to major issues facing society with respect to the marine environment. These concern governance, institutions, implementation of international agreements, capacity building, as well as impacts on the ocean and needs for research and observations. The need for political will to act is also emphasized. 相似文献
3.
Global marine policy-making and related institutional architectures have been within the domain of the United Nations system in general and its specialized agencies (FAO, IMO, UNESCO/IOC, UNEP) in particular. At the regional and country levels there are a large number of organizations and agencies that are involved in various marine issues in the programme areas of Regional Indigenous Organizations (ASEAN, CARICOM, SPF., organizations belonging to these regions). The paper reveals that the United Nations system represents a top-down policy making and institutional approach, whereas a combination of nation-state and their regional indigenous organizations represents a bottom-up approach. The paper outlines some inefficiencies of the United Nations system and provides an option for improving the effectiveness of regional indigenous organizations. 相似文献
4.
Numerous undersea observatories using cables or buoys are being planned and implemented by scientists and engineers. These projects are being planned with service lives measured in decades. The geographic reach of these systems extends beyond national waters and well into the high seas. Procurement and maintenance of these systems must be cost effective if they are to realize their scientific goals. This objective can be enhanced if the scientists and engineers designing, building, and operating these systems do so with awareness of the responsibilities, liabilities, and advantages accorded marine scientific research under international and maritime law. Generally, these subjects are addressed in the United Nations Law of the Sea Convention 1982 (UNCLOS), as it is supplemented by appropriate national law. This paper provides a basic overview of applicable international law. For purposes of showing the relationship between UNCLOS with national law, U.S. law is utilized, although many nations have similar approaches in their domestic law. In planning an undersea observatory system, a complete and timely analysis of the national law of jurisdictions with a factual nexus to the system is recommended at the earliest stages. 相似文献
5.
《Ocean & Coastal Management》2006,49(9-10):676-684
The International Ocean Institute (IOI), established in 1972 and with its Secretariat in Malta, has been engaged in training and education in ocean governance for the past 25 years. The IOI network now comprises some 25 Operational Centers worldwide. Training and education activities have expanded in parallel with the growth of the network, and a variety of courses are now delivered in a multi-modal manner. Interdisciplinary, global training programs are needed to address the capacity-building requirements in ocean governance resulting from the United Nations Convention on the Law of the Sea (UNCLOS), UN Conference on Environment and Development (UNCED), and Agenda 21, Chapters 36 and 37. The IOI is responding to these needs by rationalizing its unique training and education programs with a view to coordination and networking of courses among IOI Operational Centers and their host institutions. In 1999, the IOI's Founder, Prof. Elisabeth Mann Borgese, proposed the establishment of the IOI Virtual University. This innovative idea, however, proved too costly for the IOI to implement. An alternative, more cost-effective means of coordinating all of IOI's education and training activities is now being implemented, under the brand name “IOI-OceanLearn.” The Operational Centers, their host institutions, and other training partners will work together in the development and delivery of training courses. The key aspects of IOI-OceanLearn will include quality assurance, networking of courses and accessibility. The OceanLearn niche will focus on short training courses; the implementation roadmap includes networking of the IOI's flagship training program on Ocean Governance at Dalhousie University, incorporating Ocean Science into training courses and fostering of workable capacity-building partnerships with other organizations. 相似文献
6.
《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
7.
Chandra K. Kumar 《Marine Policy》1982,6(3):239-241
Following the resumed Tenth Session of the Third United Nations Conference on the Law of the Sea (UNCLOS III) the UNCLOS President, Tommy T.B. Koh, declared in a press statement that: ‘The programme of work just adopted by the Conference, spelt out its collective determination that — with or without the United States — delegates intended to bring the Conference to a successful conclusion next spring, and that unlike previous occasions we do not intend to let the commitment slip away from our fingers’.1 相似文献
8.
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
9.
Peter Fricke 《Marine Policy》1977,1(1):71-73
An analysis of the negotiations at the United Nations Conference on the Law of the Sea concerning the conduct of marine scientific research. The author attends the UNCLOS meetings as a Technical advisor to the Government of Liberia. 相似文献
10.
《Marine Policy》2017
On 2 April 2015, the International Tribunal for the Law of the Sea (ITLOS) rendered an advisory opinion in which it held that Articles 58(3), 62(4), 94(2), 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) laid down a responsibility of flag States for fishing activities undertaken by private actors in the Exclusive Economic Zones (EEZs) of coastal States. In interpreting these provisions of UNCLOS, the ITLOS made reference to specific clauses in fisheries access agreements (FAAs) concluded by coastal States and flag States. This article examines in more detail the contribution of FAAs to the concept of flag State responsibility. It will first offer a brief discussion of the framework for fisheries access under national jurisdiction provided by UNCLOS and will then take a closer look at how certain provisions contained in FAAs have contributed –and could contribute in the future– to the concept of flag State responsibility in international fisheries law. The article concludes that FAAs have contributed significantly to the development of the concept of flag State responsibility for fishing activities in the past and may do so to a more limited extent in the future. 相似文献
11.
《Marine Policy》2017
The 1982 United Nations Convention on the Law of the Sea (hereafter “UNCLOS”) is one of the most significant legal instruments of modern times, though the United States (US) has yet to join the 167 nations that have signed the document. Until the twentieth century, freedom of the seas led to inequity among nations, violence, and environmental disasters. UNCLOS provides a peaceful legal structure to resolve border disputes and enforce anti-pollution regulations while maintaining freedom of navigation, safety at sea, and marine scientific research efforts. However, the legitimacy of UNCLOS continues to deteriorate as China acts unilaterally while its global economic reach expands. Additionally, the US cannot participate in international agreements to access ocean resources in the deep seabed or claim portions of the Arctic due to non-accession to UNCLOS. Such accession would protect global security as the balance of power otherwise becomes increasingly unstable. The US must also accede to ensure economic development for itself as well as the preservation of coastal resources upon which many nations rely. In conclusion, US non-accession will risk global security, economic development, and the US position of strength. 相似文献
12.
The global community's ability to assess the environmental effects of marine scientific research (MSR) as required by the 1982 United Nations Convention on the Law of the Sea's (UNCLOS) marine environment provisions (MEP) is limited, as shown by experimental activities that intentionally manipulate the marine environment. Such work enhances knowledge of the ocean, but it may also have significant environmental effects. This growing use of the ocean as a laboratory has global scientific, environmental, legal and policy implications. Examined here is the relationship between the MSR and the MEP provisions of UNCLOS. International, science-driven guidelines are proposed. 相似文献
13.
《Marine Policy》2016
The conservation of marine biological diversity has been identified as a crucial issue in need of legal regulation. The UNCLOS does not sufficiently address all issues relevant to viably conserve biological diversity. Legal developments concerning marine genetic resources, area-based management tools such as marine protected areas, environmental impact assessment and capacity building are being discussed as elements of a new implementing agreement. In particular, more precise legal rules concerning marine protected areas beyond national jurisdiction are needed to supplement the frame left by UNCLOS. As concerns the issue of access to genetic resources and the sharing of benefits the UNCLOS regime has gaps because the relevant activities had not been foreseen at the time of the convention's adoption. Divergent views exist as to whether the concept of the common heritage of mankind should be extended to genetic resources. 相似文献
14.
《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
15.
《Marine Policy》2015
Rapid advances in attaching miniaturized electronic devices to marine animals for the purpose of learning more about their behavior and interaction with the marine environment, known as bio-logging, raise important and unsettled questions under the international law of the sea. Part XIII of the United Nations Convention on the Law of the Sea (UNCLOS) provides coastal states with the right to regulate and authorize marine scientific research in offshore areas under their sovereignty and jurisdiction. In their recent article published in this journal, James Kraska, Guillermo Ortuño, and David W. Johnston, assert that although bio-logging is a form of marine scientific research, Part XIII of UNCLOS does not apply to tagged animals that collect scientific information within a coastal state’s 200 mile exclusive economic zone, territorial sea, or internal waters. This commentary rejects Kraska et al.'s interpretation and provides evidence to support the claim that coastal state consent under Part XIII of UNCLOS may, under some circumstances, apply to bio-logging. In light of the immense scientific contributions that bio-logging research provide to global marine conservation efforts and the possible burdens that may be imposed on researchers if coastal states begin to assert their rights under UNCLOS, it is important that the international community engage in a robust and candid discussion of the issue and develop a consensus-based approach on how best to move forward. 相似文献
16.
《Marine Policy》2005,29(2):157-161
The adoption of the EEZ in the 1982 UNCLOS represents the culmination of an effort by some parts of the international community to separate “jurisdiction” over the natural resources in offshore waters from the “sovereignty” manifest in the territorial sea. It is clear that the EEZ is a zone that is neither territorial waters nor wholly high-seas. It is also a zone in which competencies are balanced between the need of coastal States to have sufficient authority to exploit and manage their economic resources and the need of all other States to retain high-seas navigation and communications freedoms and uses related to such freedoms. From South Korea's perspective, the EEZ is a sui generic zone in which military and intelligence activities are limited or not allowed without the consent of the coastal State. This is equally applicable in peace and war. Although several States stress that Article 58 of the 1982 UNCLOS permits such activities, increasing EW and IW capabilities may result in reinterpretation of certain provisions of the 1982 UNCLOS. 相似文献
17.
“Traditional fishing rights” were once universally accepted by the international community. However, under a regime of Exclusive Economic Zones (EEZs) defined by the United Nations Convention on the Law of the Sea (UNCLOS) in 1982, these rights were treated as a reasonable allocation of the surplus of the total allowable catch (TAC) or dependence on phase-out arrangements in bilateral fisheries agreements. This has caused the gradual marginalization of traditional fishing rights. This paper analyzes the transformations and trends affecting the development of fishing industries around the world, especially the growth and decline of traditional fishing rights and EEZs. 相似文献
18.
Gunnar Kullenberg 《Ocean & Coastal Management》2010,53(8):405-420
Stimulus to reach the millennium goals of poverty abatement and empowerment, including education and employment, for the large part of the population in the coastal zone can be found in the resources and services of oceans and coasts; the required financial means, given political will and right priorities, can be provided through implementation of the related international conventions, in particular UNCLOS with the EEZ, the Common Heritage of Mankind and other provisions, Agenda 21 [1] of UNCED and the WSSD 2002 Ocean Targets; the motivation is the necessity to address over-exploitation, depletion and destruction of resources, habitats and coastal ecosystem services, global changes, as well as economic transformations and social conditions of poverty, employment and unequity. Achieving adequate management and protection of natural assets as ecosystems and their services, habitats, biodiversity requires that the socio-economic and human security needs of the coastal populations are met. One way to reach the goal is to enable them, representing about 50% of the global population and increasing, to fight poverty and cope with uncertainties and changing conditions of employment, environment and sustainability through proper governance of the coastal and ocean assets. This includes provision of education and knowledge as regards these assets and their proper uses. They include energy, water, food, transportation and trade, communication, coastal developments, tourism, recreation and ecosystem services, as well as the need to properly manage them.The present economic system cannot fully harmonize with the required governance, partly since the ecosystem resources and services are not internalised in the market-oriented system. This calls for a revised education and training system, more comprehensive than the present, taking into account the social, cultural and environmental requirements, and stressing the sustainable development paradigm. In order to achieve ocean governance and comprehensive human security an understanding of the system is needed. This is substantiated through the Decade of Education for Sustainable Development as well as the Millennium Ecosystem Assessment.The aim here is to discuss some of the issues in context of implementation of related ocean conventions and commitments, which include achieving ocean governance, and to elucidate opportunities given by oceans and coasts, also in generating employment and providing for basic human needs. 相似文献
19.
This paper covers some of the pressing problems of the Arctic Ocean, the existing structures and how cooperation in the region may develop. The region is surrounded by the lands of Canada, Denmark, Finland, Iceland, Norway, the Russian Federation and the United States of America, who together formed the Arctic Council in recognition of the fact that the issues facing the north exceed the capabilities and capacities of any one country and that successful solutions must be built on common actions. The expense and difficulty of operating in extreme conditions of the Arctic forced much of the significant arctic research into cooperative bilateral or multilateral projects, usually with a discrete research objective. Global organizations including the Intergovernmental Oceanographic Commission (IOC) of the United Nations Educational, Scientific and Cultural Organization (UNESCO), the World Meteorological Organization (WMO), the International Council for Science (ICSU), the Food and Agriculture Organization (FAO), and the International Maritime Organization (IMO) sponsor specific climate related programs in the Arctic. The warming trends in the Arctic provide the motivation for renewed attention on the Arctic, which is changing rapidly both environmentally and socially. The climate and pollution issues, both anthropogenic in origin, have created some priorities in governmental thinking and led to limited additional funding in recent years. Industry needs to be responsive and innovative in incorporating stringent control and monitoring into development projects and in contributing to research and environmental management. Collective efforts by all interested governments will be needed to address the scarcity of research and observations, extending from the oceans to the coastal areas and drainage basins of the hinterlands. Arctic countries must also pursue global arrangements to protect the Arctic from the impacts of pollution from outside areas. The work started by the Arctic Council needs to be bolstered by the establishment of a regional convention for the Arctic, which will confer more responsibility upon governments to continue with the programs. 相似文献
20.
This paper reviews the emergence of the spatial dimension of marine and coastal zone administration, and examines several initiatives around the world that contribute to this idea. Spatial data have been recognised as an important resource to improve decision-making and resource management in both the land and marine environments in terms of sustainable development. Many countries are developing Spatial Data Infrastructures (SDIs) to improve access and sharing of spatial data, however, most of these initiatives stop at the coastline. Recently, global and regional activities such as the 3rd United Nations Convention on the Law of the Sea (UNCLOS) and the Sustainable Development Strategy for the Seas of East Asia (SDS-SEA) have brought to international attention the importance of effective administration of the marine and coastal environments. 相似文献