OCEANS GOVERNANCE AND THE PROTECTION OF MARINE RESOURCES BY - SHREYA BHARDWAJ
OCEANS
GOVERNANCE AND THE PROTECTION OF MARINE RESOURCES
AUTHORED BY
- SHREYA BHARDWAJ
Abstract
Ocean governance is
increasingly recognized as an essential approach for the sustainable management
and protection of marine resources. This research paper delves into the complex
aspect of the ocean governance, highlighting the need to integrate the
scattered viewpoints to create comprehensive strategies for marine resource conservation.
This paper starts by the importance of ocean and what it consists of, then we
proceed by looking at the existing international framework, like United Nations
Convention on the Law of the Sea (UNCLOS), which lay the groundwork for
governing oceanic areas. Also the paper emphasize on the role of regional
fisheries management organizations (RFMOs). Moreover, we discuss the
significance of involving various stakeholders, including indigenous groups and
local fishers. In addition, the paper explores the effects of emerging threats
such as marine pollution and climate change on ocean governance systems. By
showcasing case studies from different regions, we highlight effective
practices and insights gained from managing marine resources. In a nutshell,
this research emphasizes the need for adaptable and integrated ocean governance
frameworks that protect marine resources and the cooperative initiatives so
that we can work towards a resilient ocean governance system that ensures the
sustainable use and protection of marine resources for future generations.
Key Words
Ocean, ocean governance, Marine
resources, UNLOS, Overfishing.
Introduction
The Ocean sustains all
life on this planet, approximately covers 71% of the Earth’s surface and 80% of
life on Earth is in the ocean, 50% of the oxygen is from the ocean, absorbs
about one–quarter of the Carbon dioxide and captivates 90%of additional heat
caused by greenhouse gas emission. The use of the ocean is rapidly expanding
and by the above statistics it is unquestionably clear that the ocean is very
much essential for survival on earth as it provides all the vitals for
sustaining life here. Food and raw materials are extracted from the ocean also
it has become a way of transportation as well.
However, human activities
have significantly impacted the health of the ocean and the biological hotspot
is facing threat by overfishing, pollution, climate change, habitat destruction,
ocean mining and unsustainable costal development. Therefore, ocean governance
has become a matter of worry for not only the policymakers and
environmentalists but also to a common man. Ocean Governance is an integrated framework
of policies, international agreements, national laws and practices that regulate
use and protection of marine resources and environment. Sustainable development
and to have a healthy marine ecosystem it is very important to establish a
comprehensive legal framework for ocean governance by addressing issues that
deteriorate the ocean life.
As threat to our ocean
continue to escalate, the need to have a collaborative approach of both ocean
governance and marine resource protection also have become urgent. This paper will
analyse various dimensions of ocean governance from the basics to the more complex
issues and by examining them the opportunities for enhancing marine resources
in the era of global change. This paper intend to contribute a deeper
understanding of the topic and the perseverance for strict laws to support
sustainable ocean and conserve marine resources from being violated.
The Concept of Ocean Governance
Ocean governance
incorporates the legal and policy framework that standardize the human
activities in marine environment. The United Nations Convention on the Law of
the sea (UNCLOS) is a pivot, which emphasizes the rights and duties of the
costal and marine states, creating cones like territorial sea and exclusive
economic zones (EEZs)
Ocean is a biological
hotspot containing approximately 500,000 to 10 million marine species, though
many of which is still unknown. Effective ocean governance aims to protect marine
ecosystem from degradation due to overfishing, pollution, and climate change.
Ocean governance must
include different strategies to address the issues that have come up like
climate change, ocean acidification , overfishing and other illegal activities
that have led to the extinction of some rare species .Adaptive strategies will
help in maintaining a proper balance between the economic growth and environmental
conservation and also fostering resilient marine ecosystem for the upcoming
generations. This approach will lead to preservation of the ocean and its invaluable
resources.
The ocean can be divided
into two major categories and they have distinct rights, legal framework and
responsibilities. They are as follows:
1. Territorial Sea
The territorial sea
extend up to 12 nautical miles from the coastal baseline of the state. The
state has full access over its territorial sea and can enforce any law and
punish any crime within the extent also they can extract any resource present. Legal
status is also governed by the UNCLOS that sets rights and responsibilities of
the coastal states regarding their territorial waters. Rights to passage is
also provided by the states to foreign vessels as long as they do not feel
threatened by them. State has total monopoly over its territorial sea .
2. High Sea
The high sea covers 64%
of the world’s ocean and 50% of the earth’s surface. According to the Geneva
Convention 1958 on the High seas[1], stated
that sea that are not included in the territorial waters or the internal water
of a country are known as high seas. It is the area beyond the Exclusive
Economic Zone (that is 200 nautical miles from the costal line).
The high sea are governed
by UNCLOS and other international agreements that address specific issues. High
sea is open to all the states for oceanic activities but they are subject as to
the international treaties.
Definition
Here are definitions of ocean
governance from various authors and sources:
1.
Elinor
Ostrom: Ostrom highlights that ocean governance involves "the set of rules
and practices that govern the use of ocean resources, focusing on collective
management and sustainability of common-pool resources."[2]
2.
Berkes,
F. (2009): Berkes emphasizes that ocean governance is "the process of
managing human interactions with marine ecosystems, integrating ecological
knowledge with societal needs."[3]
3.
United
Nations Environment Programme (UNEP): UNEP states that ocean governance is
"the comprehensive framework for managing human activities and ensuring
the health of marine ecosystems for current and future generations."[4]
4.
FAO:
The Food and Agriculture Organization defines ocean governance as "the
legal, institutional, and policy frameworks that regulate ocean resources,
promoting sustainability and protecting marine biodiversity."[5]
Legal Frameworks Governing Oceans
A.
International
Law and law of the sea
1) The United Nations Convention on the
Law of the Sea(UNCLOS)
The United Nations
Convention on the law of the Sea lays down a comprehensive regime of law and
order in the world's oceans and seas establishing rules governing all uses of
the oceans and their resources. It enshrines the notion that all problems of
ocean space are closely interrelated and need to be addressed as a whole.[6]
This treaty was adopted
in Montego Bay, Jamaica, on 10th December 1982 and entered into force
on accordance with article 308 on 16th November 1994. It comprises
of 320 articles and nine annexes that governs all aspects and is globally
recognize.
The three main organs of
the UNCLOS are
·
International
Seabed Authority
The International Seabed
Authority is an international organisation established under UNCLOS in 1994. The main purpose for
making of this authority is to regulate mineral related activities in the international
seabed area which extend beyond the national jurisdiction . The key functions
include resource management, licensing and oversight, scientific research etc.
ISA balance the economic interest of the countries while keeping in mind the
protection of the marine environment which contributes a large part in the ocean
governance.
·
International
Tribunal for the Law of the Sea
The International
Tribunal for the Law of the Seas is an independent judicial body established by
UNCLOS in 1994.It is based in Hamburg, Germany and composed of 21 Judges
elected for nine-year term by states parties to the UNCLOS . The main role of
this is to adjudicate dispute related to interpretation and application of the convention,
maintain stability and cooperation among states ,advisory opinion on matters, enforcement of judgments etc.
·
Commission
on the limits of the Continental Shelf
The third organ is the
commission on the Limits of the Continental Shelf , it was establish to encourage
equitable use of the continental shelf beyond 200 nautical miles from a
country’s baseline and to assist costal states in determining outer limits of
their continental shelf. The CLCS consist of 21 members who are experts in geology,
hydrography and marine science. Members are elected by the State Parties to
UNCLOS for the term of five years and they can be re-elected. To promote
responsible use of seabed resources and to help prevent any conflict over
maritime boundaries this commission is very much important .
2) Regional Agreements and Treaties
Regional agreements and
treaties are legal instruments adopted by the countries within a. specific
geographical territory to address maritime challenges and manage ocean’s
resources. They promise corporation among the states by promoting sustainable
practice and protecting marine biodiversity.
Some Regional Treaties
are Convention for the Conservation of Antarctic Marine Living Resources,
Caribbean Community Fisheries Agreement, Nairobi Convention etc.
3) National Legal System and their Role
The National Legal System
plays a very important role on the implementation of international and regional
agreements at the domestic level. Countries have to ratify the international
treaties before adopting them in their domestic legislations. Many countries
have now made laws specifically for the protection of marine life and sustainable
use of the ocean’s resources. But the challenges faced by the systems are in
many states who are still developing there is a lack of resources for the enforcement
of marine laws and sometimes these national laws may come under conflict with
the traditional practices of the local community, often leading to tension.
4) Customary International Law
The practices and customs
that have been prevailing over a time and now have been accepted as legal
binding by the states and not codified anywhere in the written treaties are the
customary International law. Key aspect include freedom of high sea,
conservation and sustainable use of marine recourses ,and the rights and duties
of coastal states.
5)
The
main motive of these is to ensure the sustainable management of our oceans.
Customary international
law in ocean governance establishes norms and practices regulating the use and
conservation of ocean resources. Key aspects include freedom of the high seas,
conservation and sustainable use of marine resources, protection of the marine
environment, and the rights and duties of coastal states. These principles and
practices are fundamental in shaping ocean governance and ensuring the
sustainable management of our oceans.
Obstacles and
Recommendation in Ocean Governance
·
Threats
to Marine Biodiversity
The reduction of marine
biodiversity creates a significant barrier to effective ocean governance for
several reasons such as the economic implications , marine
biodiversity is crucial for various economic activities, including fisheries ,
tourism, and costal protection. The decline in biodiversity can have serious
economic repercussions for coastal communities and nations. Second is food
security for billions of people worldwide. The decrease in biodiversity can
jeopardise food security, especially in developing countries heavily reliant on
marine resources. Third is climate regulation , ocean plays a crucial role in
regulating the Earth’s climate. Marine biodiversity is essential for ecosystem.
The decline in biodiversity can degrade these services, resulting in negative
consequences for human well-being.
To tackle the threat to
marine biodiversity and enhance ocean governance, it is crucial to implement a
comprehensive approach that includes sustainable fisheries management, habitat
protection and restoration, pollution reduction and by addressing climate
change also by strengthening international cooperation. If we take the example
of some issues such as
The Gulf of Mexico Oil Spill
In 2010, a deepwater oil
rig exploded in the Gulf of Mexico, resulting in the largest spill that the
world has never seen before. This caused extensive damage to marine ecosystem ,
fisheries , and coastal communities. Cleaning up such a massive oil spill was difficult
and its impact can be still felt. This incident highlighted the need for more
stronger regulation and led to number of legal and regulatory changes including
Oil Pollution Act of 2010 and the creation of the National Spill Response Organization.
These measure aims to prevent future oil spills and improve response to such
incidents.
Climate change presents one of the
most important hurdles to ocean management today. Due to human activities, the
earth’s atmosphere is warming, resulting in various impacts on the ocean. These
impacts are causing significant repercussions for marine ecosystem, fisheries, coastal
communities, and the overall climate.
The impacts of climate change on the
ocean is an alarming topic and us leading to rising sea levels, ocean
acidification, changes in ocean currents, extreme weather events and also the
marine heatwaves which leads to mass coral bleaching, fish die-offs and other
ecological disruptions
The challenges posed by climate
change to ocean governance are intricate and interconnected. Addressing these
challenges requires a comprehensive and coordinated approach involving
international cooperation, scientific research, and investment in adaptation
and mitigation measures.
Ocean Acidification and Shellfish Aquaculture:
West Coast of the United States
Ocean acidification, resulting from
the absorption of atmospheric carbon dioxide, has been affecting shellfish
aquaculture along the west coast of the United States. The increasingly acidity
in the waters is making it challenging for shellfish to form their shells.
Finding a balance between the demands of the shellfish industry and the
conservation of marine ecosystem has proven to be a complex challenge.
Researchers and industry
representatives have collaborated to devise strategies to lessen the effects of
ocean acidification on shellfish aquaculture. This includes investigating new
shellfish species that exhibit greater tolerance to acidic waters and
developing methods to mitigate the acidity of seawater.
Fisheries management and climate change: North
Atlantic Cod
The decline of the North Atlantic cod
fishery during the 1990s was primarily due to overfishing. Nonetheless, climate
change is also thought to have contributed, impacting cod’s habitat and food
accessibility. Rebuilding the cod population while addressing the effects of
climate change poses a considerable challenge.
Management plans in fisheries have
been implemented to restore the cod population, including catch limits quotas,
and marine protected zones. However, climate change continues to threaten the
recovery efforts of the fishery.
·
Illegal,
Unreported, and Unregulated (IUU) Fishing
Illegal, unreported, and unregulated
(IUU) fishing poses a substantial risk to marine ecosystem and presented a
significant challenge to effective ocean governance. This encompasses fishing
activities that contravene national or international laws, regulations, or
agreements. These activities may involve fishing without license, surpassing
catch limits, fishing in restricted areas, and falling to report catches. This
may lead to depilation of fish stocks, loss of livelihoods, economic losses, human
rights abuses such as forced labour and child labour, and environmental damage.
To address this problem there must be use of multifaceted approach such as strengthen
enforcement by government, improving port state control, promoting
transparency, strengthening regional cooperation IUU is a complex issue that
demands coordinated global efforts to tackle. By making efforts and addressing
the root causes of IUU fishing we can safeguard marine ecosystems and ensure a
sustainable future for the fishing industry.
Overfishing and fisheries management: The case of
Atlantic Bluefin Tuna
The Atlantic bluefin tuna, a highly
migratory species, has faced intense overfishing for many years. Its population
has significantly decreased, raising concerns regarding its long-term
viability. IUU fishing, ineffective enforcement, and insufficient international
collaboration have obstructed sustainable management efforts for the Atlantic
bluefin tuna.
The International Commission for the
Conservation of Atlantic Tunas (ICCAT) oversees the management of the Atlantic
Bluefin tuna fishery. ICCAT has enacted various protective measures such as
catch limits, quotas, and monitoring programs. However, these initiatives have
been hard to enforce, and IUU fishing continues to pose a major issues.
The case of Galápagos Islands
The Galápagos Islands host a unique
marine ecosystem that supports numerous endangered species. IUU fishing has
merged as a significant threat in the area, jeopardizing the survival of these
species. Detecting and prosecuting IUU fishing is challenging, with potentially
devastating impacts on marine ecosystem.
The Ecuadorian government has
initiated measures to combat IUU fishing around the Galápagos Islands, which
includes enhancing surveillance, reinforcing enforcement, and establishing
marine protected areas. Nevertheless, IUU fishing remains a considerable
challenge.
Recommendations
for improving ocean governance
Enhancing ocean governance is not
just important - it’s essential for safeguarding our marine resources and
ensuring a sustainable future. Following are some suggestions:
·
By
bolstering international collaborations and improving cooperation among
countries through treaties and agreements, such as the United Nations
Convention on the Law of the Sea (UNCLOS), to tackle transboundary challenges like
overfishing and pollution. Strengthening international cooperation through
treaties and agreements we effectively tackle pressing challenges. Integrating marine
spatial planning enables us to account for a balance between conservation and
responsible human activities.
·
By
adopting ecosystem based management and promoting sustainable fisheries through
scientifically informed quotas and protecting vital habitats if paramount to
preventing overfishing. Additionally, reinforcing marine protected areas(MPAs)
is instrumental in preserving biodiversity and boosting resilience against
climate change. An ecosystem-based management approach, which recognized the
intricate connections among marine species and their habitats, is far more
effective than a narrow focus on single species.
·
By
blue economy initiatives, including sustainable tourism and renewable energy,
can enhance livelihoods while protecting our precious marine environments.
Utilizing advanced technology for monitoring and enforcement- such as satellite
tracking and drones-can significantly strengthen compliance efforts.
·
By
raising awareness and promoting education fosters a deeper public understanding
for ocean issues, creating a powerful sense of stewardship within communities.
·
Finally,
by securing financial resources for ocean governance initiatives is essential
to empower both developing countries and community-led projects. Only by
working together can we pave the way for healthier, more sustainable oceans
that benefit everyone. By integrating these strategies, we can effectively
improve ocean governance and ensure the sustainable use of marine resources.
Conclusion
In
conclusion, effective ocean governance is vital for the sustainable management
and protection of marine resources. The escalating pressures from climate
change, overfishing, pollution necessitate a coordinated and comprehensive
response that prioritizes international collaboration, robust regulatory
frameworks, and active community engagement. Enhancing governance mechanism
such as integrated ocean management, marine spatial planning, and the
establishment of marine protected areas-can significantly impute the resilience
of marine ecosystem and ensure the equitable utilization of resources.
Ultimately, cultivating a shares commitment to ocean stewardship among
government, stake holders, and the public is essential for safeguarding the
health of our oceans for future generations. As we advance, it is imperative to
emphasize research and education to create more sustainable and resilient
marine environment, acknowledging that well-being of the ocean is intrinsically
linked to our own.
[1] Convention on
the High Seas, opened for signature 29 April 1958, 450 UNTS 82 (entered into
force 30 September 1962).
[2] Elinor Ostrom, ‘Governing the Commons: The Evolution
of Institutions for Collective Action’(Cambridge University Press 1990).
[3] F Berkes, ‘Adaptive Co-Management: Beyond Fencing and
Local Community’ (University of Alberta Press 2009).
[4] United Nations Environment
Programme, The Role of Ocean Governance in Sustainable Development (UNEP
2012) https://www.unep.org/resources/report/role-ocean-governance-sustainable-development accessed 15 October 2024.
[5] Food and Agriculture Organization, *The State of
World Fisheries and Aquaculture 2020* (FAO 2020) http://www.fao.org/3/ca9229en/CA9229EN.pdf accessed 12
October 2024.
[6] United Nations Convention on the Law of the
Sea, opened for signature 10 December 1982, 1833 UNTS 3 (entered into force 16
November 1994)