Advancing Ecosystem-Based Management of Areas Beyond National Jurisdiction

1. Advancing Ecosystem-Based Management of Areas Beyond National Jurisdiction Dr. Biliana Cicin-Sain

2. Purpose 1. Provide a brief overview of past and future work on areas beyond national jurisdiction of the Global Oceans Forum 2. Consider opportunities to move ABNJ issues forward during the International Year of Biodiversity

3. 1. Overview of Global Forum Work on ABNJ

4. Policy Analysis and Multistakeholder Dialogues, • Part of a long-term informal process to support and facilitate the formal processes • --clarify the issues • --lay out various perspectives • --develop options • --identify possible avenues for consensus-building among disparate interests • Issues are thorny, there are significant differences between developed/developing countries, industry, environmental NGOs, as well as uncertainty. Stalemate in negotiations. • Will take time to sort out --e.g., LOS, from 1967 to 1994 (27 years), negotiations over 9 years (1973-1982)

5. Strategic Planning Workshop on Global Oceans Issues in Marine Areas Beyond National Jurisdiction in the Context of Climate Change, Nice, France, January 2008 (hosted by Nice Government) Workshop on Ecosystems and Uses and conference panels at the 4th Global Conference on Oceans, Coasts, and Islands, Hanoi, Vietnam, April 3 to 11, 2008 (hosted by Govt. of Vietnam) Workshop on Policy Issues and Management Alternatives, Singapore, November 12-14, 2008 Three Multistakeholder Policy Dialogues

6. Relevant Reports

7. Singapore Workshop • Ambassador Tommy S. Koh “......UNCLOS is a finely balanced package deal. The Treaty took 10 years to negotiate during which delicate compromises were arrived at. Countries made concessions in one area in return for gains elsewhere. The provisions of the Convention carefully struck the right balance between the economic interests of those who wished to exploit the living and non-living resources and those who wanted to preserve the marine environment. It may be unwise to unravel such a finely balanced package deal to seek specific provisions for particular issues like marine genetic resources in ABNJ. The principle of carefully balancing the interests of all negotiating parties was the basis for the successful conclusion of UNCLOS. It is important to reserve this balance by working within the existing UNCLOS legal framework even as new issues emerge. It is a matter of understanding the principles and correctly interpreting the provisions in the context of the overall agreement.”

8. Moving Toward EBM/ICM– Applying Lessons Learned in ICM and EEZ Management Enunciation and application of governing principles 2. Capacity for area-based mapping, assessment, planning, ultimately decision-making 3. Institutional capacity (and authority) for addressing interactions among uses and their effects on biodiversity and the environment 4. Enforcement capacity 5. Funding considerations 9

9. 1. Principles Established principles of modern ocean governance (Freestone) (Nice workshop) --Conditional freedom of activity on high seas --Protect and preserve the marine environment --Transparent, science-driven approach to sustainability --Precautionary approach --Ecosystem approach --Responsibility Progress: Adoption of principles at IUCN Congress, Barcelona, October 2008

10. Capacity for Area-based Mapping, Environmental Impact Assessment, Planning, Ultimately Decision-making • Quite limited at present--Informal efforts (Census of Marine Life), formal efforts (Regular Process assessment) Progress • Improvements in GIS-integration, online database developments and modeling of species occurrence • Improvements in biogeographic classification systems • Efforts towards developing global guidelines on the use of Environmental Impact Assessments • CBD Expert Workshop on Scientific and Technical Aspects Relevant to Environmental Impact Assessment in Marine Areas Beyond National Jurisdiction, November 2009

11. 3. Institutional Capacity and Authority for Addressing Interactions Among Uses and Their Effects on Biodiversity and the Environment

12. SECTORAL CROSS-SECTORAL • Sectoral Authorities—Regional and Global • Use of codes of conduct • Enhanced enforcement and compliance • Improvement of fisheries management organizations • Regional experimentation with EBM approaches (GEF) • Some Sectoral Coordination • Council of sectoral authorities • Area-wide environmental impact assessment • Expanded UNICPOLOS • Expanded UN-OCEANS • Cross-Sectoral Coordination—Enhanced Authority • Expanded International Seabed Authority • New Global Programme of Action • Stewardship Council • UN Trusteeship Council

13. Criteria for Evaluation of Options Progress:Options being evaluated according to particular criteria (Singapore Workshop) --Ecological Meets important ocean stewardship objectives Protects the ecological function of oceans, including oceans/climate functioning Protects marine biodiversity --Developmental and managerial Promotes sustainable development Addresses conflicts and problems among ocean uses Provides a capacity for area-based assessment, planning, and decision- making --Societal Incorporates equity among nations and between current and future generations --Procedural/programmatic Incorporates science-based decision-making Is consistent with existing international law and policy Incorporates public transparency and accountability Is feasible - politically, financially, administratively

14. Enforcement Capacity • Discussion mainly in the context of sectoral regional processes. Need to move toward discussions of cross-sectoral joint enforcement, perhaps through regional experimentation

15. 5. Funding • No explicit source of funding for ABNJ • Funding for international waters-- since 1991, GEF has supported action by 177 countries through a $3 billion trust fund • Progress: Singapore workshop--Develop a new GEF program in marine areas beyond national jurisdiction to include in GEF 5 (2010-2014)

16. Regional Experimentation on ABNJthrough GEF– Pilot Efforts Regional experimentation Practical demonstration of what approaches may work How existing sectoral processes could be coordinated and enhanced to achieve cross-sectoral management 17

17. Examples • Applying particular ocean governance principles to a regional area • Assessing the status of marine biodiversity • Determining patterns of human use • Identifying conflicts among uses and between users and the environment • Employing Environmental Impact Assessments • Establishing MPAs and networks of MPAs

18. Examples • Studying and creating an inventory of marine genetic resources (MGRs) of regional areas • Establishing access and benefit sharing to exploit MGRs • Establishing appropriate compliance and enforcement mechanisms

19. Possible Benefits from Regional Experimentation • Practical demonstration of which approaches may work and which may not • Understanding of how existing sectoral processes might be coordinated and enhanced to achieve cross-sectoral integrated management • Practical learning of how the marine genetic resources might be identified, inventoried, and benefit-sharing established • Legal and policy issues that might arise in the application of area-wide Environmental Impact Assessment, development of a management plan, establishment of MPAs

20. Possible Benefits from Regional Experimentation • Understanding of problems that might arise in coordinating the actions of multiple sectoral agencies regarding joint monitoring and compliance, and learning about the solutions to those issues

21. Possible Regional Cases Identify regional cases of special significance which might incorporate areas of national jurisdiction, LMEs, areas of high seas where regional experimentation might take place • Algulhas and Somali Current Large Marine Ecosystems (East Africa/Western Indian Ocean) • OSPAR Region (Northeast Atlantic) • Coral Triangle/French Polynesia • The Arctic

22. 2. Maximizing Opportunities for Advancing the Biodiversity Issues During International Year of Biodiversity

23. List of key events planned in the course of 2010 United Nations Ad Hoc Open-Ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction, February 1-5, 2010, New-York, USA Fifth Global Conference on Oceans, Coasts and Islands: Ensuring Survival, Preserving Life, Improving Governance Oceans, Climate, Biodiversity: From Copenhagen 2009 to Nagoya 2010, May 3-7, 2010, UNESCO, Paris, France 4th International Meeting Acting Together for the Future of the Blue Planet from May 9-12, 2010 at NAUSICAA in Boulogne-sur-Mer, France Fourteenth Meeting of the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA-14), 10 – 21 May 2010, Nairobi, Kenya

24. List of key events planned in the course of 2010 International Biodiversity Day, May 22, 2010 World Ocean Day, June 8, 2010 G8 Summit, June 25-27, 2010, Huntsville, Muskoka, Canada Special Session of the UN General Assembly, September 20, 2010, New-York Tenth meeting on the Conference of the Parties to the Convention on Biological Diversity (COP10), October 18-29, 2010, Nagoya, Japan 22nd APEC Ministerial Meeting, November 10-11, 2010, Yokohama, Japan

25. Advancing Intergovernmental Platform on Biodiversity and Ecosystem Services (IPBES) Negotiations related to the establishment of an IPBES have almost been concluded, and the Platform is expected to be established formally in June 2010. The Platform is expected to embed an explicit and strong capacity-building component. UNESCO is part of this process and is likely to become a co-sponsor as well as a contributor to the IPBES Secretariat. While architecture of IPBES is under development, option for organizing the work is on the basis of themes and crosscutting issues, of which a marine element could be one central element. As the Platform would also deal with ecosystem services, financial as well as non-economic aspects of biodiversity valuation will be instrumental in bringing together different sectors operating in the biodiversity and ecosystem services area.

26. Opportunities to Advance Marine Biodiversity --High-Level Event: Oceans Day at Nagoya CBD COP10, Nagoya, October 23, 2010 Development of Nagoya Ocean Mandate --Public awareness of marine biodiversity events --IPBES establishment --Preparations for Rio+20

27. Challenges in ABNJ • How to advance the discussion and the building of political consensus through informal policy dialogue? • Priority areas for attention? • Modalities?