OPTIONS FOR MARINE PROTECTED AREAS UNDER THE NEW BBNJ INSTRUMENT

Transcription

1 New Knowledge and Changing Circumstances in the Law of the Sea Reykjavik, June 2018 OPTIONS FOR MARINE PROTECTED AREAS UNDER THE NEW BBNJ INSTRUMENT

2 NEW KNOWLEDGE and CHANGING CIRCUMSTANCES New and emerging threats Cumulative impact of human activities and climate change A changing environment requires new integrated/ecosystem based approaches

3 AREA BASED MANAGEMENT TOOLS SECTORAL IMO Particularly Sensitive Sea Areas (PSSAs), MARPOL Special Areas, routing systems RFMOs Fisheries closures Vulnerable Marine Ecosystems CROSS-SECTORAL Marine Protected Areas (MPAs) Marine Spatial Planning ISA Areas of Particular Environmental Interest Preservation Reference Zones

4 Marine Protected Areas (MPAs) The most effective conservation tools amongst ABMTs according to science Long-term conservation objective Different level of protection Successful MPAs: no-take long-term large part of a representative network well enforced IUCN WCPA Applying IUCN s global conservation standards to Marine Protected Areas (MPAs). Gland, Switzerland, 4pp. (Edgar et al. Nature 506: , February 2014)

5 GLOBAL TAREGTS Conserve at least 10% of coastal and marine areas by 2020 through MPA network and other ABMTs (CBD Aichi target 11) By 2020, conserve at least 10 % coastal and marine areas (Sustainable Development Goal 14.5) 30% world s ocean as highly protected areas by 2030 (2016 IUCN-WCC Resolution 050)

6 Current MPAs coverage on the high seas Only 1% MPAtlas.org

7 CURRENT GOVERNANCE FRAMEWORK for ABMTs/MPAs in ABNJ SOURCE: ArdronJ & Warner, R. (2015) Handbook of Ocean Resources, Routledge EarthcanBook

8 GOVERNANCE FRAMEWORK- MIND THE GAPS No global framework to designate and implement MPAs in ABNJ FRAGMENTATION Regional and sectoral action necessary but insufficient Lack of overarching process to address cumulative impacts No overarching framework holding all pieces together, monitoring & reviewing implementation and ensuring compliance Limited data

9 UNGA res 72/249 (2017) To convene an Intergovernmental Conference (IGC) To consider the recommendations of the Preparatory Committee And to elaborate the text of an ILBI under UNCLOS, ASAP Negotiations shall address together and as a whole: Marine Genetic Resources including questions on the sharing of benefits, measures such as area-based management tools, including marine protected areas environmental impact assessments and capacity-building and the transfer of marine technology

10 PREAMBULAR/GENERAL ELEMENTS Central role of UNCLOS Need for assistance to developing countries Need for a comprehensive global regime to better address conservation and sustainable use of BBNJ An Implementing Agreement under UNCLOS would best serve these purposes Promote greater coherence with and complement existing instruments/bodies Do not undermine General principles and approaches DUTY of States to cooperate- content and modalities?

11 Area Based Management Tools/MPAs Objectives Relationship to measures under relevant instruments &bodies Importance of enhanced cooperation and coordination, without prejudice to respective mandates Process for identification, designation (including consultation, scientific assessment and decision-making); implementation; monitoring and review Most appropriate decision-making and institutional set up? How to enhance cooperation/coordination without undermining?

12 REGIONAL/SECTORAL APPROACH ILBI NO INSTITUTIONAL FRAMEWORK (like UNFSA) NO DECISION-MAKING/ OVERSIGHT IMPLEMENTATION EXCLUSIVELY ON COMPETENT ORGANISATIONS POLICY GUIDANCE FOR BETTER COOPERATI ON COMPETNET BODIES IMPLEMENT COMPETENT BODIES IMPLEMENT

13 STATUS QUO WEAKNESSES Lack of institutional framework to drive/facilitate implementation Undermines power of States to regulate their own vessels/nationals/activities No risk to undermine No need to create additional institutions, thus initially saving costs (BUT additional funding would be needed to increase capacity of existing bodies) STRENGTHS

14 HYBRID APPROACH (light) INSTITUTIONAL STRUCTURE (e.g. CoP, Secretariat) ADVISORY FUNCTIONS REVIEW IMPLEMENTATION BY REGIONAL/SECTORAL BODIES ILBI MANDATORY REPORTING BY PARTIES SETTING GLOBAL OBJECTIVES, PRINCIPLES, GLs re MPAs + DUTY TO COOPERATE NON- MANDATORY REPORTING STATE PARTIES IMPLEMENT (when NO competent org exists) COMPETENT BODIES (+ REGIONAL COORDINATION BODIES ) IMPLEMENT

15 WEAKNESSES No guarantee for coherence, effective implementation and accountability Risk of paper parks Extra costs/resources for new Regional Coordination Bodies Reduced risk to undermine Institutional framework & regular reporting may improve coordination, but no way to ensure effective implementation Regional coordination allows decisions to be taken closer to the problem STRENGTHS

16 GLOBAL APPROACH ILBI INSTITUTIONAL STRUCTURE (e.g. Secretariat, CoP, Scientific/Technical Cmt) Decision-making + Oversight FUNCTIONS Review implementation Monitor and Compliance MANDATORY REPORTING consultation PARTIES IMPLEMENT on their VESSELS/NAT IONALS/ACTI VITIES Duty to cooperate + GLOBAL designation of MPAs + management plans Promote complementary measures consultation COMPETENT REGIONAL/SECTORAL BODIES NON- MANDATORY REPORTING

17 Need for complementary action by competent body to bind the entire sector WEAKNESSES Unless CoP can also adopt management measures, no guarantee that competent bodies will act Some extra costs/resources for running institutional framework Improves status quo Complements/strengthens regional/sectoral action Institutional framework to drive and facilitate implementation STRENGTHS

18 Greenpeace/High Seas Alliance s recommended process for MPAs FRAMEWORK PROPOSAL CONSULATION ASSESSMENT ADOPTION IMPLEMENTATION REVIEW COMPLIANCE Facilitate compliance by Parties/other organisations

19 CONCLUDING REMARKS Opportunity to fill current governance gaps By setting up a duty to cooperate and a process for designation and implementation of MPAs, including in particular Marine Reserves in ABNJ A global model equipped with an institutional framework able to designate MPAs and adopt protection measures seems the most effective to change the status quo complement and strengthen regional/sectoral action Key too meet global conservation targets

20 THANK YOU!