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Wednesday, December 6, 2023
Dr. Palitha Kohona was co-chair of the U.N. 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
COLOMBO, Jun 22 2015 (IPS) - The international community must focus its energies immediately on addressing the grave challenges confronting the oceans. With implications for global order and peace, the oceans are also becoming another arena for national rivalry.
The clouds of potential conflict gather on the horizon. The U.N. resolution adopted on June 19 confirms the urgency felt by the international community to take action.
His Holiness the Pope observed last week, “Oceans not only contain the bulk of our planet’s water supply, but also most of the immense variety of living creatures, many of them still unknown to us and threatened for various reasons. What is more, marine life in rivers, lakes, seas and oceans, which feeds a great part of the world’s population, is affected by uncontrolled fishing, leading to a drastic depletion of certain species… It is aggravated by the rise in temperature of the oceans.”
The oceans demand our attention for many reasons. In a world constantly hungering for ever more raw material and food, the oceans, which cover 71 percent of the globe, are estimated to contain approximately 24 trillion dollars of exploitable assets. Eighty-six million tonnes of fish were harvested from the oceans in 2013, providing 16 percent of humanity’s protein requirement. Fisheries generated over 200 million jobs.
However, unsustainable practices have decimated many fish species, increasing competition for the rest. The once prolific North Atlantic cod, the Pacific tuna and the South American anchovy fisheries have all but collapsed with disastrous socio-economic consequences.
Highly capitalised and subsidised distant water fleets engage in predatory fishing in foreign waters causing tensions which could escalate. In a striking development, the West African Sub Regional Fisheries Commission recently successfully asserted, before the International Tribunal for the Law of the Sea (ITLOS), the responsibility of flag States to take necessary measures to prevent illegal, unreported and unregulated fishing.
Increasingly the world’s energy requirements, oil and gas from below the sea bed, as well as wind and wave power, come from the realm of the oceans, setting the stage for potentially explosive confrontations among states competing for energy sources. The sea bed could also provide many of the minerals required by strategic industries.
As these assets come within humanity’s technological reach, inadequately managed exploitation will cause damage to the ocean ecology and coastal areas, demonstrated dramatically by the BP Horizon blowout in the Gulf of Mexico. (Costing the company over 42.2 billion dollars).
Cross-border environmental damage could give rise to international conflicts. A proposal to seek an advisory opinion from the ICJ on responsibility for global warming and sea level rise was floated at the U.N. by Palau in 2013.
The oceans will also be at the centre of our efforts to address the looming threat of climate change. With ocean warming, fish species critically important to poor communities in the tropics are likely to migrate to more agreeable climes, aggravating poverty levels.
Coastal areas could be flooded and fresh water resources contaminated by tidal surges. Increasing ocean acidification and coral bleach could cause other devastating consequences, including to fragile coasts and fish breeding grounds.
The ocean is the biggest sink of greenhouse gases (GHGs). The Intergovernmental Panel on Climate Change has warned that the rapid increases in anthropogenic GHGs will aggravate ocean warming and the melting of the ice caps. Some small island groups might even disappear beneath the waves.
Scientists now believe that over 70 percent of anthropogenic GHGs generated since the turn of the 20th century were absorbed by the Indian Ocean which is likely to result in unpredictable consequences for the littoral states of the region, already struggling to emerge from poverty.
The increasing ferocity of natural phenomena, such as hurricanes and typhoons, will cause greater devastation as we witnessed in the cases of Katrina in the U.S. and the brutal Haiyan in the Philippines.
The socio-economic impacts of global warming and sea level rise on the multi-billion-dollar tourism industry (476 billion dollars in the U.S. alone) would be far reaching. All this could result in unmanageable environmental refugee flows. The enormous challenge of ocean warming and sea level rise alone would require nations to become more proactive on ocean affairs now.
The international community has, over the years, agreed on various mechanisms to address ocean-related issues. But these efforts remain largely uncoordinated and with the developments in science, lacunae are being identified progressively.
The most comprehensive of these endeavours is the laboriously negotiated Law of the Sea Convention (LOSC) of 1982. The LOSC, described as the constitution of the oceans by Ambassador Tommy Koh of Singapore, who presided over the final stages of the negotiations, details rules for the interactions of states with the oceans and with each other with regard to the oceans.
Although some important states such as the U.S., Israel, Venezuela and Turkey are not parties to the LOSC (it has 167 parties), much of its content is accepted as part of customary international law. It also provides a most comprehensive set of options for settling inter-state disputes relating to the seas and oceans, including the ITLOS, headquartered in Hamburg.
The LOSC established the Sea Bed Authority based in Kingston, Jamaica which now manages exploration and mining applications relating to the Area, the sea bed beyond national jurisdiction, and the U.N. Commission on the Continental Shelf before which many state parties have already successfully asserted claims to vast areas of their continental shelves.
With humanity’s knowledge of the oceans and seas expanding rapidly and the gaps in the LOSC becoming apparent, the international community in 1994 concluded the Implementing Agreement Relating to Part XI of the LOSC and in 1995, the Straddling Fish Stocks Agreement.
Additionally, the United Nations Environment Programme has put in place a number of regional arrangements, some in collaboration with other U.N. agencies such as the FAO and the IMO, for the conservation and sustainable use of marine resources, including fisheries.
The IMO itself has put in place detailed agreements and arrangements affecting the oceans and the seas in relation to shipping. The FAO has been instrumental in promoting regional mechanisms for the sustainable use of marine and coastal fisheries resources.
In 2012, the U.N. Secretary-General launched the Oceans Compact. States negotiating the Post-2015 Development Goals at the U.N. have acknowledged the vast and complex challenges confronting the oceans and have proceeded to highlight them in the context of a Sustainable Development Goal.
The majority of the international community now feel that the global arrangements for the sustainable use, conservation and benefit sharing of biological diversity beyond national jurisdiction need further strengthening. The negotiators of the LOSC were not fully conscious of the extent of the genetic resources of the deep. Ninety percent of the world’s living biomass is to be found in the oceans.
Today the genetic material, bio prospected, harvested or mined from the oceans is providing the basis for profound new discoveries pertaining to pharmaceuticals. Only a few countries possess the technical capability to conduct the relevant research, and even fewer the ability to convert the research into financially beneficial products. The international community’s concerns are reflected in the U.N. General Assembly resolution adopted on June 19.
Many developing countries are concerned that unless appropriate regulatory mechanisms are put in place now by the international community, the poor will be be shut out from the vast wealth, estimated at three billion dollars per year, expected to be generated from this new frontier. Over 4,000 new patents, the number growing at 12 percent a year based on such genetic material, were registered in 2013.
A U.N. working group, initially established back in 2006 to study the question of concluding a legally binding instrument on the conservation, sustainable use and benefit sharing of biological diversity beyond the national jurisdiction of states, and co-chaired by Sri Lanka and The Netherlands from 2009, submitted its report in January 2015, after years of difficult negotiations.
For nine years, consensus remained elusive. Certain major powers, including the U.S., Russia, Japan, Norway and the Republic of Korea held out, contending that the existing arrangements were sufficient. These are among the few which possess the technological capability to exploit the genetic resources of the deep and convert the research in to useful products.
The U.N. General Assembly is now expected to establish a preparatory committee in 2016 to make recommendations on an implementing instrument under UNCLOS. An intergovernmental conference is likely to be convened by the GA at its 72nd Session for this purpose.
The resulting mechanism is expected to complement the existing arrangements on biological genetic material under the FAO and the Convention on Biological Diversity (Nagoya Protocol) applicable to areas under national jurisdiction.
This ambitious U.N. process is likely to create a transparent regulatory mechanism facilitating technological and economic progress while ensuring equity.
A development with long term impact, especially since Rio+20, was the community of interests identified and strengthened between the G 77 and China and the EU with regard to the oceans.
Life originated in the primeval ocean. Humanity’s future may very well depend on how we care for it.
Edited by Kitty Stapp
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