Actions identified to improve ocean governance

A five-month public consultation (June-October 2015) on international ocean governance has identified the need for better implementation and coordination, as well as filling legal gaps and improving ocean knowledge.

Respondents from Portugal, Malta, USA, Norway, Chile, Spain, France and Ireland agreed that the EU has an important role to play in the global fight against illegal fishing; driving the agenda for a new international legal agreement under the UN to preserve marine biodiversity in areas beyond national jurisdiction, and promoting research cooperation through the 2013 Galway Declaration ― Atlantic Ocean research alliance with the EU and Canada.

The aim of this consultation was to gather input on how the EU could contribute to achieving better international governance of oceans and seas to develop sustainable ‘blue growth’.

On the basis of the results and other sources of data and information, the European Commission will consider how best to develop ‘a more coherent, comprehensive and effective EU policy on improving the international ocean governance framework’.  

“We are using our seas and coasts in more ways than ever before. This has often been presented as creating conflict between competing economic interests and between economic activities and safeguarding our marine environment. Let me assure you: it need not be so. Planning and managing our activities better allows us to reap environmental and economic benefits,” remarked Commissioner Karmenu Vella, at the Marine Spatial Planning Conference lasat December.

IRELAND’S INPUT

In its national integrated maritime plan ‘Harnessing Our Ocean Wealth’, Ireland recognises that fundamental to a thriving maritime economy is a robust governance, policy and planning framework which enables innovation and growth within the maritime sector yet ensures a progressive and responsive regulatory environment which protects our seas from unsustainable use and development.

The Commission’s consultation document notes the sea is of enormous importance to climate, to health and well-being, and to economic growth where it has the potential to drive that growth further. Concomitantly, it is not an inexhaustible resource —- our use of and dependence on the oceans must be tempered by the realisation that sustainable management of this resource is necessary.

The recently-agreed UN Sustainable Development Goals identify a specific and targeted goal regarding the conservation and sustainable use of our ocean resources which further reinforces this point.

General problem definition

Ireland agrees with the EU Commission consultation document that today’s international ocean governance framework rests within the overarching legal framework established by the United Nations Convention on the Law of the Sea (UNCLOS), under which a combination of jurisdictional rights, institutions and specific frameworks have been established and developed.

While this means there is no single agency responsible for ocean activities, many elements of this framework are undoubtedly working well, such as the International Maritime Organisation and the International Labour Organisation, which provide a comprehensive process for the development of standards and obligations.

The EU is rightly committed to the balance of rights and duties struck by UNCLOS. The negotiations currently underway in relation to the Protection of Biodiversity in Areas beyond National Jurisdiction are to be welcomed. The EU should continue to engage in and support those negotiations in consultation with Member States through the appropriate fora such as the working group on the law of the sea (COMAR).

As the EU Commission’s 2009 Communication, ‘Developing the international dimension of the Integrated Maritime Policy of the European Union’ notes, many of the challenges facing our seas require an integrated approach and true cooperation at international level. Incomplete ratification and coordination, along with the need to effectively implement the existing rules, are the principal gaps with respect to ocean governance that Ireland identifies.

The sector-specific nature of the international institutions and the sets of rules that have developed to regulate activities at sea within the framework of UNCLOS would benefit from greater coordination so that they can:

i) better address the cumulative effects of a number of activities at sea on the marine environment and its biodiversity and

ii) support sustainable development, economic growth and cohesion.

The 2009 Communication recognises that ongoing support from the EU and its Member States for UN efforts on ratification and implementation of key instruments by all partners is vital. Ireland would welcome this continued support, along with continuing efforts to meaningfully improve compliance with existing rules and enhance coordination among the existing institutions.

The EU and its Member States have already achieved much in the development of robust and practical tools that provide an effective governance framework internally, such as the Marine Strategy Framework Directive, the Maritime Spatial Planning Directive, the revised Common Fisheries Policy, the development of sea-basin Strategies, and the comprehensive strategy for Blue Growth which aims to foster sustainable, long-term growth of the maritime sector.

The EU’s Integrated Maritime Policy, with its aim of promoting sustainable growth through coordination of policies and development of cross-sectoral tools, is a source of valuable lessons that can be brought to the international level.

Specific problem definition

As already stated, the existing governance system is complex, and challenging to implement in a coordinated manner. The organisations, their roles, responsibilities and work practices, have developed and evolved, in accordance with the development and evolution of our use of the oceans and our understanding of the various challenges arising from these activities.

Among the most compelling environmental challenges facing our oceans currently are ocean acidification, marine pollution from land-based activities and overfishing and where fishing practices have unacceptable impacts on the ecosystem and the environment. Regulation of land-based activities and of fishing to address these issues are in place, with further planned at EU level (Circular Economy).

The principal issues relate to the universal ratification and effective implementation of current instruments and the effective coordination of these organisations and institutions at the global level.

There is also a further need to better understand the marine ecosystems and how they respond to the various pressures exerted on them from the increasing range of human activities in the marine environment.

Existing international Ocean Governance Framework

As previously outlined, the current international governance framework is comprehensive, if complex. The main issues arising from this system relate to universal ratification, effective implementation and coordination.

Continued EU and Member States’ support of the ongoing negotiations under UNCLOS on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction would be welcome in this regard. In addition, EU support for the achievement of the recently agreed UN Sustainable Development Goal 14 on the conservation of ocean resources should also be a priority.

Continued EU support for the ratification of existing tools and instruments, for their effective implementation, and for the strengthening of compliance and enforcement, as well as advocating for improved communication and coordination between and within existing organisations, will have a significant impact on addressing the challenges now facing the marine environment.

Examples of possible such improvements include:

• improving and facilitating communications and information sharing between fisheries and environmental authorities

• improving information sharing among security actors with responsibilities in the maritime domain, as set out in the recently agreed EU Maritime Security Strategy

• agreeing a mechanism to require an environmental assessment to be undertaken for activities in areas beyond national jurisdiction that are likely to significantly impact on the environment

Lack of knowledge

The development of policy and decision making, in the absence of full understanding of the implications of such decisions, is a particular challenge in marine governance. There is an imperative for evidence-based policy choices. For this reason an iterative and ecosystem based approach is essential.

Currently, legal instruments and structures are in place to facilitate the implementation of an ecosystem based approach to managing human activities at sea but the required data and knowledge are lacking in some crucial areas, particularly with respect to assessing cumulative impacts, understanding changes caused by climate (such as with ocean acidification) and understanding the resilience of marine ecosystems.

Very significant progress has been, and continues to be made to resolve these problems in recent years but gaps in our knowledge still exist. This is possibly best illustrated by the fact that only 10% or less of the world’s seabed has been mapped.

Consideration needs to be given to how the gaps in existing knowledge be identified, prioritised and addressed in a coordinated manner.

From a knowledge perspective, the acquisition and provision of reference information and tools and methodologies to better project and assess cumulative environmental impacts would greatly assist in forward planning. In addition a better understanding of the socio-economics effects of different activities in the marine space is essential for understanding the effects of decisions and the application of the ecosystem based approach.

Lack of coordination in relation to the storing and sharing of information is an issue that could also be addressed: improved communications and improved systems of information-sharing internally and between international organisations will assist in the identification of knowledge gaps and mechanisms to resolve such gaps.

At national and EU level, significant investments are being made in research to help address some of these issues, for example through information sharing initiatives such as CISE, EMODNET, EDA­MARSUR, through research undertaken on foot of the Galway Statement, through the proposed Marinerg-1 ESFRI roadmap project, and through the Copernicus programme.

There is an imperative now to better coordinate and utilise the outputs of this and other relevant work. For example, the international coordination role of the Atlantic Ocean Cooperation Research Alliance provides us with one possible model, while the Copernicus programme has the potential to provide key data on ocean temperatures, tidal patterns, chlorophyll concentration, and polar ice conditions and will help develop a broader maritime awareness.