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Biliana Cicin-Sain Global Forum on Oceans, Coasts, and Islands, and

Moving Toward Ecosystem-Based Management and Integrated Coastal and Ocean Management in Areas Beyond National Jurisdiction. Biliana Cicin-Sain Global Forum on Oceans, Coasts, and Islands, and Gerard J. Mangne Center for Marine Policy, University of Delaware.

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Biliana Cicin-Sain Global Forum on Oceans, Coasts, and Islands, and

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  1. Moving Toward Ecosystem-Based Management and Integrated Coastal and Ocean Management in Areas Beyond National Jurisdiction Biliana Cicin-Sain Global Forum on Oceans, Coasts, and Islands, and Gerard J. Mangne Center for Marine Policy, University of Delaware

  2. Global Forum Working Group on Governance of Areas Beyond National Jurisdiction • Begun in late 2005, organized workshops/panels at 2006 Global Conference • Provided input into the 2006 UN Ad hoc Open-Ended Informal Working Group February 2006 • Nice Workshop January 2008 • 4th Global Oceans Conference Hanoi April 2008 • Workshop on Management Issues and Policy Alternatives, Singapore, November 12-14, 2008

  3. The Nice strategic planning workshop • Part of a long-term informal process to support and facilitate the formal processes • Issues are thorny, there are significant differences between developed/developing countries, industry, environmental NGOs, as well as uncertainty • Will take time to sort out --e.g., LOS, from 1967 to 1994 (27 years), negotiations over 9 years (1973-1982)

  4. The Nice Workshop • Brought together 45 experts from govts (developed and developing), NGOs, IGOs, science, and industry (submarine cables, fishing, marine transportation) (informal capacity, Chatham House rules) • Consider strategic perspectives for the next 5-10 years --clarify the issues --lay out various perspectives --develop options --identify possible avenues for consensus-building among disparate interests

  5. The Nice Workshop 1. A sense of urgency– need to begin moving toward ecosystem-based integrated management 2. 3 forcing functions: • Effects of uses on marine biodiversity and the marine environment • Effects of uses on one another (multiple use conflicts) • Effects of climate change

  6. Importance of Marine Biodiversity for Ecosystem Function (Census of Marine Life) • Deep-sea ecosystems provide goods (including biomass, bioactive molecules, oil, gas, minerals) and services (climate regulation, nutrient regeneration and supply to the photic zone, food), and for their profound involvement in global biogeochemical and ecological processes, are essential for the sustainable functioning of our Biosphere and for human wellbeing. • The reduction of biodiversity may be associated with exponential reductions of ecosystem functions: 20-25% species loss can cause a reduction of 50-80% of ecosystem functions. • Results suggest that the conservation of deep-sea biodiversity can be crucial for the sustainability of the functions of the largest ecosystem of our biosphere.

  7. Existing Situation Sectoral Management of different uses by different uses by different global and regional institutions Submarine cables, fisheries, shipping, marine scientific research, oil and gas development, dumping and marine litter

  8. Existing situation Emerging uses not yet adequately managed, legal/policy gaps • Bioprospecting • Carbon storage and sequestration • Iron fertilization • Deep seabed mineral deposits • Mariculture facilities • Floating energy facilities

  9. What does Moving Toward Ecosystem-Based Integrated Management in Areas Beyond National Jurisdiction Mean?

  10. Learning from National and Regional Efforts • Rooted in UNCED Agenda 21, WSSD • National and regional integrated ocean policies– about 3/4 of the world’s EEZs • Regional transboundary management— 16 large marine ecosystem cases 18 regional seas cases

  11. Moving Toward EBM/ICM 1. Enunciation and application of governing principles 2. Capacity for area-based assessment, planning, ultimately decision-making 3. Institutional capacity for addressing interactions among uses and their effects on biodiversity and the environment 4. Enforcement capacity 5. Funding considerations

  12. 1. Principles Established principles of modern ocean governance (Freestone) --Conditional freedom of activity on high seas --Protect and preserve the marine environment --Transparent, science-driven approach to sustainability --Precautionary approach --Ecosystem approach --Responsibility

  13. Principles—cont. • Could promote a UNGA resolution to declare these established principles apply to areas beyond national jurisdiction --------------------------------------------------------------- On marine genetic resources, significant differences between countries on “common heritage of mankind” principle and “freedom of the seas” principle Perhaps move debate around “areas of common concern” Need to examine modes of access and benefit sharing in other areas, e.g., marine scientific research, CBD, mining, others

  14. 2. Capacity for area-based assessment, planning, ultimately decision-making • Quite limited at present • Informal efforts, Census of Marine Life, etc. • GRAME assessment • Effects of climate change uncertain • Nice workshop identified needs and modalities for enhancing science/policy interface and for examining climate change impacts

  15. 3. Institutional capacity for addressing interactions among uses and their effects on biodiversity and the environment

  16. SECTORAL CROSS-SECTORAL • Sectoral Authorities • Use of codes of conduct • Enhanced enforcement and compliance • Improvement of fisheries management organizations (RFMOs) • Some Cross-Sectoral Coordination • Council of sectoral authorities • Area-wide environmental impact assessment • Expanded UNICPOLOS • Expanded UN-Oceans • Cross-Sectoral Coordination • Expanded International Seabed Authority • Stewardship Council • UN Trusteeship Council

  17. Enforcement Capacity and 5. Funding Considerations • Enforcement– Major effort needed here (Working Group being set up on this) • Funding • Role for the GEF • Trust fund

  18. Options for moving forward • International Legal Framework Options • Enhanced implementation of existing international instruments and their coverage • A voluntary code or codes of conduct • Amending or extending mandates of existing institutions such as RFMOs and RSPs • Forming new regional institutions as required • A new GPA on biodiversity beyond national jurisdiction • A new implementing agreement to UNCLOS to implement new provisions in relation to marine areas beyond national jurisdiction, particularly on marine genetic resources • An amendment to UNCLOS • A joint protocol between the CBD and UNCLOS • Other possible approaches to be determined

  19. Stakeholder involvement • Contrasted different modes of stakeholder involvement in different fora (LOS, FAO, IMO) • Need to develop a good process for stakeholder involvement in identifying the issues and options

  20. Next Steps • Provide an overview of the governance issues and options in marine areas beyond national jurisdiction (analyze costs/benefits of options, and their administrative and political feasibility) • In Hanoi, focus especially on soliciting multistakeholder perspectives on the issues • Provide an overview of the range of modes of benefit sharing • Initiate an ongoing process to facilitate dialogue between developed and developing countries on the more contentious issues in the governance of marine areas beyond national jurisdiction

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