| 1 |
Yehezkel Dror, The Capacity to Govern. A Report to the Club of Rome, 1995. Alexander King and Bertrand Schneider, The First Global Revolution. A Report to the Club of Rome, 1991.Bertrand Schneider, The Barefoot Revolution. A Report to the Club of Rome, 1988. Nicole Rosensohn and Bertrand Schneider, For a Better World Order. The Message from Kuala Lumpur, 1993. |
| 2 |
“A Constitution for the Oceans,” Remarks by Tommy T.B. Koh, of Singapore, President of the Third United Nations Conference on the Law of the Sea, The Law of the Sea, New York: United Nations, 1983. |
| 3 |
Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. UN Doc.A/CONF.164/37, 8 September 1995. |
| 4 |
The most important of these instruments, each of which interacts with the ocean, are: Agenda 21; The United Nations Convention on Biological Diversity; the United Nations Framework Convention on Climate Change; the Agreement on the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks; the Code of Conduct for Responsible Fisheries; the Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities; and the Barbados Programme of Action for the Sustainable Development of Small Island Developing States. |
| 5 |
The United Nations Commission on Environment and Development, Our Common Future, Oxford: Oxford University Press, 1987. |
| 6 |
LOS/PCN/SCN.2/L2 Add.1 and L.2 Add.2. |
| 7 |
LOS/PCN/SCN.2/WP14, Add.1 and Add.2. |
| 8 |
International Ocean Institute, Proposal, 1998, unpublished. |
| 9 |
Article 162.2,(o)(ii). |
| 10 |
Annex II, Articles 1-3 of the Convention. |
| 11 |
See especially Paragraph 6 of Article 76. |
| 12 |
International Ocean Institute, The UNCLOS/UNCED Process: A comparative Study of eight documents. Halifax: International Ocean Institute, Dalhousie University, 2000. |
| 13 |
See, e.g. S.P. Jagota, “Joint Development Zones,” Ocean Yearbook 10, Chicago: Chicago University Press, 1992. |
| 14 |
David Ong, American Journal of International Law, October, 1999. |
| 15 |
Rights and Legitimate Interests of Coastal States |
| 16 |
E.g. Judge Shigeru Oda. |
| 17 |
SPLOS/CRP.22. |
| 18 |
SPLOS/48, paras. 49-53. |
| 19 |
Richard Hasler, Towards Political Ecologies of Scale: Conceptualizing Community-based Coastal and Fisheries Co-Management on the West Coast of South Africa. Ocean Yearbook 14, Chicago: Chicago University Press, 2000. |
| 20 |
E.g., National Round Table on the Environment and the Economy, Sustainable Strategies for Oceans. A Co-Management Guide, Ottawa, 1998. |
| 21 |
Section 15.4.1. |
| 22 |
Bruce Gillies, “The Nunavut Final Agreement and Marine Management in the North,” Northern Perspectives 23(1). Canadian Arctic Resources Commission. |
| 23 |
Svein Jentoft and Knut H. Mikalsen, ”Regulating Fjord Fisheries: Folk Management or Interest Group Politics?” in Christopher I. Dyer and James R. McGoodwin, eds. Folk Management in the World's Fisheries: Lessons for Modern Fisheries Management. Niwot: University Press of Colorado, 1994. |
| 24 |
Harold E. Welch, “Marine Conservation in the Canadian Arctic: Regional Overview,” Northern Perspectives 23(1), 1994. Canadian Arctic Resources Commission. |
| 25 |
Adapted from: Elisabeth Mann Borgese, The Oceanic Circle, Tokyo: United Nations University Press, 1998. |
| 26 |
See “Draft Proposal Submitted by the United Nations Environment Programme on Institutional Arrangements for Implementation of the Global Programme of Action for the Protection of the Marine Environment from Land-Based Activities,” 28 October 1996. |
| 27 |
Resolution adopted by the General Assembly, A/RES/54/33, 18 January 2000, establishing the UNICPOLOS. |
| 28 |
Marine technological developments are intimately connected with other high-tech endeavors especially in the fields of micro-electronics, robotics, genetic engineering and biotechnology, space and lighter-than-air technologies, new materials technology, and superconductivity. There is a need to monitor developments in these fields for their complementary and competitive impacts. The complementary impacts would be the developments they could generate in marine technology, e.g., space technology and micro-electronics on environmental pollution monitoring, biotechnology on leaching of minerals and on mariculture, superconductivity on submarine cables for the transmission of electricity, etc. At the same time, the impact of these developments on terrestrial industries has also to be taken into account. For a resource to be exploited, not only does it have to be accessible with the technology available to exploit it, but exploitation has also to be economic. In the case of ocean resources it would mean extracting resources at an economic price competitive with resources from terrestrial sources. So the increasing efficiency of terrestrial mining due to technological advance would a competitive impact on ocean technology. (See K. Saigal, Feasibility Study, Malta: International Ocean Institute, 1988.) |
| 29 |
Miller B. Spangler, New Technology and Marine Resource Development, New York: Prager, 1970. |
| 30 |
Margaret Sharp and Claire Shearman, European Technological Collaboration, London: Royal Institute of International Affairs, 1987. |
| 31 |
Pacem in Maribus 16, Conclusions and Recommendations, Ocean Yearbook. Chicago: Chicago University Press, |
| 32 |
Ibidem |
| 33 |
Annex VI to the Final Act. The Law of the Sea. United Nations Convention on the Law of the Sea, with Index and Final Act of the Third United Nations Conference on the Law of the Sea. New York: United Nations, 1983. |
| 34 |
E.g., the International Center for Genetic Engineering and Biotechnology, with headquarters in Trieste and Delhi; the International Center for Science and High Technology (ICS) in Trieste, both established by UNIDO. At the global level, a Multilateral Ozone Fund has been established to cover all “incremental costs” arising from the introduction of environmentally safe technologies, and similar arrangements have been made for the implementation of “technology transfer” under the Biodiversity and Climate Conventions. At the regional level of the Mediterranean, one should mention the UNDP initiated Center for Education and Research (CEDARE) which was established to enhance European-Arab cooperation in sustainable development and has a technology cooperation component. A mechanism was established in Greece to facilitate technology cooperation in the private sector. And a Center for the advancement of environmentally sustainable technology was established in, and funded by, Spain. |
| 35 |
Rio Declaration, Principle 25. |
| 36 |
FAO, Code of Conduct for Responsible Fisheries. |
| 37 |
K. Saigal, working paper, 20.04.89, unpublished. |
| 38 |
Agenda 21, Paragraph 17.21 |
| 39 |
SIDS. |
| 40 |
Convention on Biological Diversity. |
| 41 |
Framework Convention on Climate Change. |
| 42 |
SIDS. |
| 43 |
Code of Conduct for Responsible Fisheries. |
| 44 |
United Nations Convention on the Law of the Sea, Article 43. |
| 45 |
GPA & Washington Declaration. |
| 46 |
Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982. Resolution 48/263, Annex. |
| 47 |
See The International Sea-bed Authority: New Tasks. Proceedings, Leadership Seminar, Jamaica, August 14-15, 9198. Halifax: International Ocean Institute, 1998. |
| 48 |
LOS/PCN/SCN.2/L2 Add.1 and L.2 Add.2. |
| 49 |
LOS/PCN/SCN.2/WP14, Add.1 and Add.2. |
| 50 |
International Ocean Institute, Proposal, unpublished. |
| 51 |
James Tobin. “A Proposal for International Monetary Reform,” Eastern Economic Journal, Vol. 4, 1978. |
| 52 |
Towards the preparation of the World Summit for Social Development, UNESCO 29 July, 1994. |
| 53 |
The International Sea-bed Authority is the first intergovernmental organization which already has the power to tax mining consortia in the international Area, as well as in areas under national jurisdiction (the continental shelf beyond 200 miles from the base lines). |
| 54 |
E.g. Ruben Mendez, International Public Finance: A New Perspective on Global Relations, Oxford: Oxford University Press, 1992; Global Public Goods, Inge Kaul Isabelle Grunberg, Marc A. Stern, eds., New York, Oxford: Oxford University Press, 1999. Published for the United Nations Development Programme. |
| 55 |
Robert Costanza et al., “The value of the world's ecosystem services and natural capital,” Nature, May 15, 1997, vol. 387, No.6630. |
| 56 |
International Ocean Institute, The Mediterranean Tourist and Environment Action: Strategies for financing the Mediterranean Action Plan. |
| 57 |
Ibid, p. 5. |
| 58 |
International Ocean Institute, New Tasks for the International Sea-bed Authority, 1999. |
| 59 |
It has been suggested that in the case of combating piracy and armed robbery at sea that such a Tax could be levied on tonnage to help fund regional mechanisms to counter such illicit acts. Cf. Alan Chan, The dangers of Piracy and ways to combat it, keynote address to the 1999 Piracy Seminar, Singapore. 22 October 1999. |
| 60 |
Principle 25, Rio Declaration, 1992. |
| 61 |
C.f. Annex XXXX for a summary of the most important IMO Conventions. |
| 62 |
E.g. The 1988 UN Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances; the recently negotiated (December 2000) United Nations Convention Against Transnational Crime including the Protocol Against the Smuggling of Migrants by Land Air and Sea, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition. (A/55/383). |
| 63 |
Such cargo can include all durable consumer goods, petroleum and biochemical products and derivatives, narcotics and psychotropic substances, human beings, human organs, animals and animal parts, works of art in all forms, archeological artifacts, monies (particularly American currency), weapons and explosives including those of mass destruction, etc. |
| 64 |
c.f. supra, Section II.C.1. |
| 65 |
This trend is of particular importance to compliance and enforcement, as it is only with the integrating of the appropriate constituents within the Governance structures that these structures will be able to make informed decisions. For example, it is sometimes observed that near-shore fishers are misrepresented as decision makers often only invite or consult with large fishing companies, whose activities are concentrated in the off-shore, thus alienating the near-shore fisheries which often contributes much more to the well-being of the communities. The same observation has also been made in the context of communities of fishers utilizing different gear types as legislation aimed at one group without making provisions for another often results in unfair restrictions leading to marginalisation. Similar examples can also be derived from all ocean industries; i.e. can a shipping company, or a national delegation at the IMO, represent seafarers? Professor Alastair Couper provides some chilling insight into this question in his book Voyages of Abuse: Seafarers, Human Rights and International Shipping, London: Pluto Press, 1999. |
| 66 |
Francois Bailet, Achieving Compliance in the Maritime Sectors, paper presented to the Maritime Institute of Malaysia (MIMA), October 2000. |
| 67 |
Within the maritime sectors, these contributions often take the form of NGO=s and Industry groups who survey and monitor activities within their local areas in order to detect illicit activities such as the trafficking of narcotics and humans, illegal dumping, illegal harvesting of natural resources, non-observance of safety standards and procedures, etc. |
| 68 |
In this respect, it is important for the state to provide a credible anonymous reporting system which is free of charge for the user. Such systems often include tool-free telephone numbers and mailing addresses for investigation services. This system has been particularly successful in small coastal isolated communities and highly unionized dockyards, often areas of frequent illicit maritime activity, and where the consequences of being labeled as an informant can be serious. |
| 69 |
C.f. the United Nations Office for Drug Control and Crime Prevention (UNDCP), e.g. UNDCP, World Drug Report 2000, 2001; the work of the Maritime Safety Committee of the International Maritime Organization (IMO/MSC), e.g. IMO, Piracy and Armed Robbery Against Ships: Recommendations to Governments for preventing and suppressing piracy and armed robbery against ships, IMO/MSC/Circ.622/Rev. 1, and Focus on IMO, Piracy and Armed Robbery at Sea, January 2000; and the work of the Inter-American Drug Abuse Control Commission of the Organization of American States (OAS/CICAD), e.g. CICAD, Evaluation of Progress in Drug Control: Hemispheric Report 1999 - 2000, 2001. |
| 70 |
In the case of piracy and armed robbery at sea, the latest statistics from the International Maritime Organization and the International Chamber of Commerce indicate that between 1999 and 2000 these illicit activities have risen 57% and between 1991 and 1999 they rose by 450%! It is important to note that it is also estimated that 50% of these illicit acts go unreported as the shipping industry could be faced with an increase in insurance premiums as a result. Another important trend to note is that, according to these same agencies, violence utilized in realizing these acts is dramatically increasing, as 24 seafarers where injured and 3 killed in 1999 and 99 seafarers where injured and 72 killed in 2000. |
| 71 |
It is important to note that although the above example utilized the case of customs inspections and shipping, this type of situation is also very much a factor in the cruise ship industry as well as many resource based industries. |
| 72 |
An interesting example of this type of cooperative arrangement is the Carrier Agreements under the US Customs Carrier Initiative Program. Under these agreements, Customs officers assist businesses and government to develop security programs and initiatives that safeguard legitimate shipments from being used to smuggle narcotics. c.f. <http://www.customs.gov/about/carint.htm#pg18> and <http://www.customs.ustreas.gov/impoexpo/impoexpo.htm>. |
| 73 |
This situation is very well documented in the case of narcotics trafficking in the Caribbean Sea. The USA has declared that since these criminal activities present a clear and present danger to the nation's (and region's) socio-economic well-being and the neighboring nations do not possess the means to act, they will act unilaterally. In some instances, the actions undertaken by the USA have extended into the territorial seas of their neighboring nations and the application of USA laws to individuals in these areas. |
| 74 |
E.g. for narcotics interdiction c.f. UNDCP Regional cooperation agreement for the Caribbean; and for substandard shipping control c.f. Paris MOU <http://www.parismou.org>, Tokyo MOU <http://www.iijnet.or.jp/tokyomou>, and the Vina Del Mar MOU <http://www.sudnet.com.ar/ciala>. |
| 75 |
E.g. Calls for a Caribbean Coast Guard <xxxxxxxxxxx>, the OAS-CICAD's, Draft Agreement Concerning Co-Operation In Suppressing Illicit Maritime Trafficking In Narcotic Drugs and Psychotropic Substances In The Caribbean Area (CICAD/doc.1076/00 rev.1) contains provisions for the establishment of regional and sub-regional maritime law enforcement programs which constitute the foundations of a Regional Coast Guard; Glen J. Herbert and Timothy M Shaw, Oceans Governance and Human Security Towards the End of the Century: Regional Approaches, in Chircop, Gerolymatos, and Iatrides, The Aegean Sea after The Cold War, International Political Economy Series, Macmillan Distribution Ltd. UK, 2000. |
| 76 |
In Regions where such a Commission does not exist, its establishment should be undertaken and modeled on the highly successful and innovative Mediterranean Commission on Sustainable Development. |
| 77 |
Cf., e.g., United Nations Office for Drug Control and Crime Prevention, World Drug Report 2000. http://www.undcp.org/world_drug_report.html |
| 78 |
The Federal Republic of Germany although under no obligation to do so, has offered a training programme which obviously should be utilised. The International Ocean Institute, in cooperation with China and India, and funded by the Nippon Foundation of Japan, is conducting training programmes for managers and project planners in deep-sea activities. The intensive 5-week programme takes place in India and China in alternate years. It is directed by the Hon. Joseph Warioba of Tanzania. |
| 79 |
Such a programme was proposed in 1987 by the Federal Republic of Germany. |
| 80 |
The summaries below have been compiled with the aid of Ms. Marry-Ann Palma (Marine Affairs Programme, Dalhousie University) from the IMO website <http://www.imo.org/imo/convent.htm> as well as International Maritime Organization. “A Summary of IMO Conventions,” Focus on IMO. February 1999. |
