United Nations The Nippon Foundation of Japan Fellowship Programme Human Resources Development and Advancement of the Legal Order of the World s Oceans SUSTAINABLE OCEAN-BASED ECONOMIES Prof. Dr. Alain PIQUEMAL Professor of Law of the Sea and Maritime Law Dean of the Faculty of International and International Law University of Nice Sophia Antipolis (FRANCE) SUSTAINABLE OCEAN-BASED ECONOMIES : which concept(s) and how to reach it? The law is not the only key to reach it The law has to be combined with other sciences in a «global» or «integrated» approach The «Blue Economy» or «Blue Growth» could be the result of this approach About the Blue Economy or Blue Growth, see for example Scenarios and drivers for Sustainable Growth from the Oceans, Seas and Coasts Final Report : European Commission, DG MARE, Rotterdam/Brussels, 13th August 2012 1
Why «sustainable ocean-based economies» and importance of the «blue Growth»? The potential of the marine resources It is essential that the States recognize the true potential of their marine resources and develop an integrated policy that acknowledges the inter-linkages that exist between the different domains and functions of their seas, oceans and coastal areas. In Europe, the Integrated Maritime Policy (IMP) that has been pursued by the European Commission since 2007 is an important step in realizing Europe s future strategies and policies. What is the definition and the content of the Blue Growth initiative? Blue Growth is hence defined by EU as "smart, sustainable and inclusive economic and employment growth from the oceans, seas and coasts". Four elements are important for the success of a such Sustainable Blue Growth : In order to take advantage of their future potential, maritime economic activities need to be combined smart combinations taking advantage of synergies and building critical mass. Above all, maritime economic activities need to be sustainable an integrated approach with a long-term focus and responding to the world s resource, climate and environmental challenges. It requires adequate support from local, national, EU and international policies. And maritime economic activities need to be inclusive providing employment opportunities and promoting full participation especially from local and coastal populations. But this integrated approach has to combine Law (national and international), Economy and other Sciences to be sustainable. 2
THE SUSTAINABLE DEVELOPMENT OF MARINE RESOURCES BY AN INTERACTION BETWEEN ENVIRONMENTAL LAW AND SCIENCE Several multilateral agreements or negotiations try to establish an important link between the legal principles and the scientific approach for the sustainable management of resources (fisheries i.e.) within and beyond national jurisdiction. Pr. PIQUEMAL Alumni Meeting 2014-28 November / 3 December 2014, Tokyo, Japan THE SUSTAINABLE DEVELOPMENT OF MARINE RESOURCES BY AN INTERACTION BETWEEN ENVIRONMENTAL LAW AND SCIENCE The protection of the marine environment implies, previously and the adoption of legal measures, alongside a good knowledge of various scientific knowledge of the marine environment parameters. This interaction of Law and Sciences is also presented by the EU as an instrument of participation for the preservation of the marine environment for a sustainable growth. 3
THE SUSTAINABLE DEVELOPMENT OF MARINE RESOURCES BY AN INTERACTION BETWEEN ENVIRONMENTAL LAW AND SCIENCE A few examples illustrate this interaction meets a real approach to sustainable development, in the context of the "blue economy : - Both at the multilateral general level, - And at the regional level : the example of the EU approach. AN INTERACTION BETWEEN ENVIRONMENTAL LAW AND SCIENCE AT THE MULTILATERAL GENERAL LEVEL A few examples illustrate this link : On 21 April 2012, 94 States established the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services as an independent intergovernmental body to strengthen the science-policy interface for biodiversity and ecosystem services for the conservation and sustainable use of biodiversity, longterm human well-being and sustainable development. 4
AN INTERACTION BETWEEN ENVIRONMENTAL LAW AND SCIENCE AT THE MULTILATERAL GENERAL LEVEL The United Nations Conference on Sustainable Development called for effective application of an ecosystem approach and the precautionary approach, in accordance with international law, in the management of activities having an impact on the marine environment. At the global level, FAO has continued to assist in the implementation of the ecosystem approach to fisheries and aquaculture at the national and regional levels. A tool box to assist the implementation of the ecosystem approach to fisheries has been developed. AN INTERACTION BETWEEN ENVIRONMENTAL LAW AND SCIENCE AT THE MULTILATERAL GENERAL LEVEL The Convention on Biological Diversity (CBD) is developing this approach through the identification of ecologically or biologically significant marine areas». At its sixteenth meeting, the Subsidiary Body on Scientific, Technical and Technological Advice of the Conference of the Parties to the CBD adopted recommendation XVI/4,entitled Marine and coastal biodiversity: ecologically or biologically significant marine areas. The South East Atlantic Fisheries Organization reported that the ecosystem approach is incorporated in its Convention. 5
AN INTERACTION BETWEEN ENVIRONMENTAL LAW AND SCIENCE AT THE MULTILATERAL GENERAL LEVEL The Permanent Commission for the South Pacific also reported that it is now using an ecosystem approach in undertaking assessments on the impacts of economic activities on critical marine habitats in the Region. The twenty-sixth session of the IOC Assembly endorsed programmes objectives for the IOC-UNESCO Integrated Coastal Area Management Programme, which include further development of ecosystem-based management and the large marine ecosystem approach. AN INTERACTION BETWEEN ENVIRONMENTAL LAW AND SCIENCE AT THE MULTILATERAL GENERAL LEVEL CONCLUSION regarding the link between the legal principles and the scientific approach for the sustainable management of marine resources within and beyond national jurisdiction. - These scientific approaches for the sustainable management of marine resources, especially fisheries can offer a support to the international law and its evolutions and implementation of UNCLOS for a better management of sustainable development. - Such an approach closely combining law and science can also help to reduce conflict in the exploitation of the marine resources (fisheries but also mineral resources) within and outside national jurisdiction 6
AN INTERACTION BETWEEN ENVIRONMENTAL LAW AND SCIENCE AT THE LEVEL OF THE EU APPROACH The EU protects and preserves the marine environment by establishing an original legal framework closely associating the exact sciences to facilitate the sustainable development. AN INTERACTION BETWEEN ENVIRONMENTAL LAW AND SCIENCE AT THE LEVEL OF THE EU APPROACH THREE EXAMPLES OF THIS EUROPEAN APPROACH: 1. The interaction between the law, the economy and the exact sciences: «Marine Knowledge 2020» 2 The «global» legal and scientist approach : the «Marine Strategy Framework Directive» and the «Maritime Spatial Planning» 3 The «regional» legal and scientific approach(mediterranean, Baltic, East-Center Atlantic, i.e.) 7
1. The interaction between the law, the economy and the exact sciences: «Marine Knowledge 2020» - The knowledge is necessary to the achievement of good environmental status of the marine waters in accordance with the framework directive strategy for the marine environment, which is the component of the integrated maritime policy devoted to the environment. - The knowledge is a fundamental component of the EU plan to incorporate the marine and maritime research and contributes to the achievement of the European digital strategy (communication page 4). 2 The «global» legal and scientist approach : the «Marine Strategy Framework Directive» (2008) and the «Maritime Spatial Planning» (2013) - This directive sought for 2011 "the sustainable use of the seas and conservation of marine ecosystems" via an integrated framework laying down operational guidelines and specific measures. - Member States sharing a marine region should develop - in close cooperation - plans for a good ecological status of their maritime waters, relying on detailed the State of the marine environment assessments and defining actions to be undertaken and the objectives to be achieved. 8
2 The «global» legal and scientist approach : the «Marine Strategy Framework Directive» (2008) and the «Maritime Spatial Planning» (2013) - This global approach from "marine environment" is complemented by a strictly space approach to planning of maritime space, for the purposes of controlling human activities engaged for the purpose of making them more sustainable and effective. Also, in March 2013, the Commission proposed legislation to create a common framework for maritime spatial planning and integrated coastal zone management. - Such a device is part of European efforts to promote a sustainable "blue economy". The objectives of this schedule are before any economic (encourage investment, especially), but also the protection of the marine environment. 3) THE «REGIONAL» LEGAL AND SCIENTIFIC APPROACH (MEDITERRANEAN, BALTIC, EAST-CENTER ATLANTIC, I.E.) Example: The strategy for the Mediterranean Sea The Mediterranean dimension of the integrated EU maritime policy focuses on strengthening cooperation and governance in order to foster sustainable growth in this region. The implementation of the strategy is facilitated by a set of measures and tools specific to that area. Communication from the Commission on November 11, 2009, "For a better governance in the Mediterranean through an integrated maritime policy : This strategy is based according to the Commission on the improvement of the governance of Maritime Affairs that must reconcile economic development with the protection of the environment. The success of this policy naturally requires strengthening and improvement of cooperation with third countries in the whole of the area. 9
3) THE «REGIONAL» LEGAL AND SCIENTIFIC APPROACH (MEDITERRANEAN, BALTIC, EAST-CENTER ATLANTIC, I.E.) Example: The strategy for the Mediterranean Sea But for the Commission, in its communication, this is not enough. "Policymakers must further take into account the links that exist between the different maritime activities. This new design of the maritime policy should "encourage abandoning the sectoral actions to favor a comprehensive global approach. Under the terms of the abovementioned communication from the Commission, new actions should particularly include: encourage stakeholders and administrations to define more comprehensive maritime affairs priorities; to strengthen cooperation between stakeholders and administrations in all sectors related to the marine sector, in the entire Mediterranean basin; help the Member States to exchange best practice through existing Community funding for territorial cooperation. THE SUSTAINABLE DEVELOPMENT OF MARINE RESOURCES BY AN INTERACTION BETWEEN ENVIRONMENTAL LAW AND SCIENCE CONCLUSION Both the international instruments mentioned above that of the EU integrated maritime approach reflect a sustainable development of marine resources involving interaction between environmental law and Science for sustainable development. 10
An example of application : Sustainable fisheries management : A legal approach focusing on scientific criteria and integrating the human rights through food access to the resources of the sea What could be the role of the Law of the Sea (UNCLOS but also other maritime and environmental conventions) in Sustainable Fisheries Management? Three aspects in this question : A legal approach has to associate the rights and duties of the States in the management of fisheries; The Law of the Sea can be a key element if it is used in close cooperation with other elements, focusing on scientific criteria; The Law of the Sea (international but also applications in the national practices) has to integrate the human rights through food access to the resources of the sea. 11
Regarding Sustainable Fisheries Management, International Law of the Sea, through UNCLOS and other conventions, has to promote cooperation in a context of conflicts. The Law of the Sea maintains traditional rights but also try to promote major objectives, particularly : Taking into account the freedom of fishing, in a difficult context of overfishing in several areas; Faced with the sustainable management of fisheries, especially beyond national jurisdiction. Two categories of links have to be developed in that perspective. One is the link between the sustainable management of fisheries within and beyond national jurisdiction, which found its legal sources, partly in UNCLOS and widely in the 1995 UN Fish Stocks Agreement. Other multilateral agreements, ie CMB or negotiations have established another important link between the legal principles and the scientific approach for the sustainable management of fisheries within and beyond national jurisdiction. 12
The first link : the link between the sustainable management of fisheries within and beyond national jurisdiction Legal sources in UNCLOS : On the E.E.Z : - Affirmation for the Coastal States of Sovereign rights of exploring and exploiting, conserving and managing the natural resources (article 56), - But also, limitations concerning the management of fisheries : article 61 «Conservation of the living resources», articles 62 «utilization of the living resources» and articles 63 to 67. The first link : the link between the sustainable management of fisheries within and beyond national jurisdiction Legal sources in UNCLOS : On the High Seas, Part VII, Section 2 «Conservation and management of the living resources of the High Seas» : - Affirmation of the «Right to fish on the High Seas» (article 116), - But also limitations for a better management of fisheries through the Co-operation of States in the conservation and management of living resources (articles 117 to 120). 13
The first link : the link between the sustainable management of fisheries within and beyond national jurisdiction Legal sources in the 1995 UN Fish Stocks Agreement : Through the implementation of UNCLOS, the main goal of this Convention is the contribution of a better management of fisheries within and beyond national jurisdiction. The concept of sustainable management of fisheries is at the heart of this Convention. Legal sources in the FAO Code of Conduct for Responsible Fisheries, which adopt to reduce overfishing precautionary and ecosystem approaches to fisheries. The first link : the link between the sustainable management of fisheries within and beyond national jurisdiction Conclusion : - This first link exists in the international law of the sea, - But its implementation is insufficient to ensure a real sustainable management of fisheries within and beyond national jurisdiction. - The goal of a sustainable management of fisheries need the close combination of legal principles with scientific criteria to minimize the conflicts. It s a second link which could be more developped. 14
Multilateral agreements or negotiations try to establish another important link between the legal principles and the scientific approach for the sustainable management of fisheries within and beyond national jurisdiction. A few examples (detailed in the Report of the Secretary- General «Oceans and the law of the sea 2012) illustrate this link : On 21 April 2012, 94 States established the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services as an independent intergovernmental body to strengthen the science-policy interface for biodiversity and ecosystem services for the conservation and sustainable use of biodiversity, long-term human wellbeing and sustainable development. Multilateral agreements or negotiations try to establish another important link between the legal principles and the scientific approach for the sustainable management of fisheries within and beyond national jurisdiction. The United Nations Conference on Sustainable Development called for effective application of an ecosystem approach and the precautionary approach, in accordance with international law, in the management of activities having an impact on the marine environment. At the global level, FAO has continued to assist in the implementation of the ecosystem approach to fisheries and aquaculture at the national and regional levels. A tool box to assist the implementation of the ecosystem approach to fisheries has been developed. The Convention on Biological Diversity (CBD) is developing this approach through the identification of ecologically or biologically significant marine areas» and at its sixteenth meeting, the Subsidiary Body on Scientific, Technical and Technological Advice of the Conference of the Parties to the CBD adopted recommendation XVI/4,;entitled Marine and coastal biodiversity: ecologically or biologically significant marine areas. The South East Atlantic Fisheries Organization reported that the ecosystem approach is incorporated in its Convention. 15
Multilateral agreements or negotiations try to establish another important link between the legal principles and the scientific approach for the sustainable management of fisheries within and beyond national jurisdiction. The Permanent Commission for the South Pacific also reported that it is now using an ecosystem approach in undertaking assessments on the impacts of economic activities on critical marine habitats in the Region. The twenty-sixth session of the IOC Assembly endorsed programmes objectives for the IOC-UNESCO Integrated Coastal Area Management Programme, which include further development of ecosystem-based management and the large marine ecosystem approach. The concept of Ecologically or biologically significant marine areas in need of protection is also evolving in several Regions. CONCLUSION regarding the link between the legal principles and the scientific approach for the sustainable management of fisheries within and beyond national jurisdiction. These scientific approaches for the sustainable management of fisheries can offer a support to the international law and its evolutions and implementation of UNCLOS for a better management of sustainable fisheries. Such an approach closely combining law and science can also help to reduce conflict in the exploitation of the fisheries within and outside national jurisdiction 16
The same link between the legal principles and the scientific approach is also used for the protection of the marine environment : the EU example The global or integrated approach to the protection of the marine environment by the EU. The two following axes emerge in a complementary perspective : The EU protects and preserves the marine environment through several of its policies, The EU protects and preserves the marine environment in establishing a legal original framework deepening of the international law of the sea : Interaction between the law and the exact sciences through the Communication knowledge of the marine environment 2020. Data and observations relating to the marine environment for a smart and sustainable growth ". the framework Directive «Marine Strategy». GENERAL CONCLUSION SUSTAINABLE OCEAN-BASED ECONOMIES : As noted by the EU, the potential of Blue Growth can be reinforced by taking advantage of synergies, such as synergies between shared suppliers, shared (multipurpose) activities, common use of infrastructure, shared input factors, etc. The maximization of such synergies can often be achieved through maritime clusters. The basis of such sustainable policies must closely associate law, economy and basic sciences, at national and international levels. So, the lawyer should not work alone in his ivory tower! 17
Thanks for your attention ご清聴ありがとうございます Merci de votre attention 18