Global Forum Work On Governance Of Marine Areas Beyond National Jurisdiction

In December 2005, the Global Forum organized a Working Group designed to facilitate multi-stakeholder dialogue prior to, at, and beyond the Third Global Conference on Oceans, Coasts, and Islands, held January 23-28, 2006, at the UNESCO headquarters in Paris, France, and to provide input, where possible, to other fora addressing these issues. At the Third Global Conference, the Working Group approached the issue of governance of areas beyond national jurisdiction broadly through an expert panel and two multi-stakeholder dialogue sessions, addressing issues relating both to the high seas (defined in part VII of UNCLOS) and the deep seabed, or the "Area" as defined by Part XI of the Convention. During the Third Global Conference, it was agreed that the Working Group would continue on as a "knowledge network," and also consider the need for further research and analytical work. The Working Group is co-chaired by Alfonso Ascencio Herrera of the Permanent Mission of Mexico to the United Nations and Salvatore Arico of the U.N. Educational, Scientific and Cultural Organization (UNESCO), and includes members, from a broad range of sectors including national governments, academia, UN agencies, intergovernmental organizations, non-governmental organizations, and industry, representing both developed and developing nations.

 

Working Group Members

 

Chair

 

Salvatore Arico, UNESCO

 

Existing and Invited Working Group Members

 

Salvatore Arico, Programme Specialist for Biodiversity, Division of Ecological and Earth Sciences,

 UNESCO
Frida Armas-Pfirter, Austral University, Argentina
Miriam Balgos, Global Forum on Oceans, Coasts, and Islands
Awni Behnam, International Ocean Institute
Thia-Eng Chua, East Asian Seas Partnership Council
Biliana Cicin-Sain, Global Forum on Oceans, Coasts, and Islands
Bruno Corréard, Independent Consultant and Responsible Fishing Alliance
Anne Frenette, Department of Fisheries and Oceans, Canada
Serge Garcia, formerly with Food and Agriculture Organization (FAO)
Valentina Germani, UN Division for Ocean Affairs and the Law of the Sea (UNDOALOS)
Matthew Gianni, Deep Sea Conservation Coalition
Kristina Gjerde, The World Conservation Union (IUCN)
Lyle Glowka, Convention on Biological Diversity (CBD)
Vladimir Golitsyn, International Tribunal on Law of the Sea (ITLOS) and Moscow State University of International Relations
Barbara Hanchard, Pacific Islands Forum Fisheries Agency
Arlo Hemphill, Center for Ocean Solutions
Elie Jarmache, Secretariat General de la Mer, France
Sam Johnston, Institute of Advanced Studies, United Nations University (UNU-IAS)
Kim Juniper, University of Victoria
Lee Kimball, formerly with IUCN
Gunnar Kullenberg, Professor and Independent Consultant
Jihyun Lee, CBD Secretariat
Eric Mathur, Synthetic Genomics, Inc.
Jennifer Mooney, Department of Fisheries and Oceans, Canada
Akari Nakajima, Ocean Policy Research Foundation, Japan
Daniel Owen, Fenners Chambers, United Kingdom
Rosemary Rayfuse, University of New South Wales
Julien Rochette, High Seas Governance, IDDRI
Karen Sack, Greenpeace International
Charlotte Salpin, UN Division for Ocean Affairs and the Law of the Sea (UNDOALOS)
Renée Sauvé, Department of Fisheries and Oceans, Canada
Tullio Scovazzi, University of Milano-Bicocca
Norma Taylor Roberts, Ministry of Foreign Affairs, Jamaica
Hiroshi Terashima, Ocean Policy Research Foundation, Japan
Chris Tompkins, formerly Department for Environment, Food, and Rural Affairs, UK
Philippe Vallette, NAUSICAA, France
Monica Verbeek, Seas at Risk
Marjo Vierros, United Nations University – Institute for Advanced Studies
 

 

 

Conference Background Information from Working Group

 

Working Group Terms of Reference

 

Working Group Co-chairs Report from the Third Global Conference 

 

 

WORK THROUGH THE NIPPON FOUNDATION PROJECT

 

The Global Forum continued it work on Improving Governance of Marine Ecosystems and Uses in Areas Beyond National Jurisdiction through its project on Governing the Oceans Beyond National Jurisdiction: Multistakeholder Policy Analyses and Policy Dialogues for Improved Governance. The project aimed to carry out policy analyses and multistakeholder policy dialogues to facilitate international dialogue on issues relating to the governance of marine areas beyond national jurisdiction.

 

Main Project Elements

 

Examination of the Status of Information on Governance of Areas Beyond National Jurisdiction

 

•    The project assembled existing information on governance of areas beyond national jurisdiction,

     which was incorporated in a Briefing Volume on Key Sources of Information

 

•    The project organized a Strategic Planning Workshop on Global Oceans Issues in Marine Areas

     Beyond National Jurisdiction in the Context of Climate Change involving high-level officials from all

     sectors, on January 23-25, 2008, in Nice, France, to consider the challenges and opportunities in

     improving the governance of marine areas beyond national jurisdiction and envisioning what activities

     could be feasible and beneficial to carry out in this area in the next ten years. The workshop report is

     included in a volume submitted to the UN Ad Hoc Open-Ended Informal Working Group to study

     issues relating to the conservation and sustainable use of marine biological diversity beyond areas of

     national jurisdiction (2nd Meeting, 28 April – 2 May 2008, New York) (pages 1 - 10).

 

•    The project also conducted a survey among the Workshop participants prior to the Workshop to

     solicit their perspectives on major issues in the governance of areas beyond national jurisdiction. The

     summary of participants’ perspectives is available upon request.

 

•    Nice Workshop Program and Participants

 

•    Summary of Participants' Perspectives

 

•    Global Forum Working Group Members and Project Steering Committee

  

Policy Analyses and Multistakeholder Policy Dialogues on Governance of Areas Beyond National Jurisdiction: Ecosystems and Uses

 

•    This work examined the patterns of use as well as the extent of knowledge on the status,

     vulnerability, and monitoring of ocean ecosystems beyond national jurisdiction, which was

     undertaken through preparatory meetings of the Global Forum Working Group and a workshop

     carried out on April 5, 2008 in Hanoi, Vietnam, during the 4th Global Conference on Oceans, Coasts,

     and Islands on Workshop on Ecosystems and Uses in Marine Areas Beyond National Jurisdiction (see

     workshop agenda). This work was also carried out to assist with the process of collecting relevant

     information for the second meeting of the United Nations Ad Hoc Open-ended UN Ad Hoc

     Open-Ended Informal Working Group to study issues relating to the conservation and sustainable use

     of marine biological diversity beyond areas of national jurisdiction(2nd Meeting, 28 April – 2 May

     2008, New York). The workshop report is included in a volume submitted to the UN Ad Hoc

     Open-Ended Informal Working Group (pages 11 - 16).

 

Policy Analyses and Multistakeholder Policy Dialogues on Governance of Areas Beyond National Jurisdiction: Management Issues and Policy Options

 

•    Analyses under this theme were undertaken in the following categories and considered applicable

     principles, management approaches, capacity building requirements, options for benefit sharing, and i

     interface with intellectual property rights obligations under international law: 1) Conservation and 

     sustainable use of marine biodiversity; 2) Marine scientific research in areas beyond national

     jurisdiction and marine biotechnology; 3) High seas fisheries management; 4) Environmental impacts

     of shipping; 5) Marine surveillance and enforcement in the high seas; 6) New and emerging uses; 7)

     Marine protected areas beyond national jurisdiction; and 8) The interface among the issues above.

 

•    A workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and

     Policy Options was conducted on November 3-5, 2008 in Singapore to: 1) Assess each of the major

     management options for improved governance of marine areas beyond national jurisdiction; 2)

     Identify opportunities and enhance understanding of values and processes, and issues related to

     intellectual property, options for access and benefit sharing, and governance gaps; and 3) Discuss

     priority activities that might be taken to move toward ecosystem-based governance of marine areas

     beyond national jurisdiction.

 

 

Singapore Workshop Agenda

 

Singapore Workshop List of Participants

Compendium of Materials

 

Singapore Workshop Report

 

 

 

Workshop Presentations 

 

DAY 1, NOVEMBER 3, MONDAY

 

Session 1. Review of Relevant Recent Developments and Workshops on Governance of Marine Areas Beyond National Jurisdiction

 

1. Strategic Planning Workshop on Global Oceans Issues in Marine Areas Beyond National

    Jurisdiction in the Context of Climate Change, January 23-25, 2008, Nice, France, Biliana

    Cicin-Sain, Global Forum on Oceans, Coasts, and Islands
2. International Seminar on Towards a New Governance of High Seas Biodiversity, March 20-21, 2008,

    Monaco, Lucien Chabason, IDDRI
3. Second Meeting of the UN Ad Hoc Open-Ended Informal Working Group to study issues

    relating to the conservation and sustainable use of marine biological diversity beyond areas

    of national jurisdiction, April 28-May 2, 2008, New York, Charlotte Salpin, UN DOALOS
4. IUCN World Conservation Congress, October 5-14, 2008, Barcelona, David Freestone,

    World Bank
5. Plans for 2012 Marine Targets: European Marine Strategy and Issues in High Seas, Brest,

    France, December 9-11, 2008, Olivier Musard, French Marine Protected Areas Agency

 

Session 2. Some Policy Options for Moving Toward Ecosystem-Based
Management of Marine Areas Beyond National Jurisdiction

 

Speakers:


General Perspectives and Criteria for the Assessment of Management Options

Biliana Cicin-Sain, Global Forum on Oceans, Coasts, and Islands
Hiroshi Terashima, Ocean Policy Research Foundation, Japan

Improvements in Existing Sectoral Authorities and Processes
Lori Ridgeway, Department of Fisheries and Oceans, Canada

 

Achieving Cross-sector Coordination and/or Initiating Area-wide Environmental Impact Assessment

Kristina Gjerde, IUCN
Duncan Currie, Greenpeace
Marjo Vierros, United Nations University-Institute of Advanced Studies
Nguyen Chu Hoi, Vietnam Administration for Seas and Islands


Establishing New Management Institutions or Enhancing Existing Institutions to Govern

Marine Areas Beyond National Jurisdiction


Duncan Currie, Greenpeace

 

DAY 2, NOVEMBER 4, TUESDAY
 

Session 3. Management of Marine Genetic Resources: Identifying Opportunities, Intellectual Property Issues, Options for Access and Benefit Sharing, and Governance Gaps

 

Session 3a. Identifying Opportunities, Enhancing Understanding of Values and Processes

 

Prof Chou Loke Ming, National University of Singapore
Charlotte Salpin, DOALOS: “Marine Genetic Resources: The Crossroads of the Law of the Sea
and Intellectual Property Law”
Maria Rowena Eguia, Aquaculture Department, Southeast Asian Fisheries Development Center
(SEAFDEC), Philippines
Marjo Vierros, UNU Institute of Advanced Studies
 

 

Session 3b. Relevant Experiences with and Options for Access and
Benefit-sharing

Rolph Payet, Seychelles
Salvatore Arico, UNESCO
Alvin Sim, Intellectual Property Office of Singapore “Implications of Decisions on Access and
Benefit Sharing (ABS) of Genetic Resources to the International Intellectual Property
System"

 

Session 3c. Addressing Governance Gaps

Robin Warner, University of Wollongong, Australia
Lyle Glowka, Secretariat, Convention on Biological Diversity
Marjo Vierros, United Nations University-Institute of Advanced Studies

 

DAY 3, NOVEMBER 5, WEDNESDAY

 

Overview of the GEF, the Replenishment Process, and the International Waters Portfolio

Al Duda, GEF

 

 

Other Activities

 

•    A Statement of the Global Forum on Oceans, Coasts, and Islands – Governance of Marine

     Ecosystems and Uses in Areas Beyond National Jurisdiction was submitted and read in plenary on

     April 25, 2008, during the UN Ad Hoc Open-Ended Informal Working Group to study issues relating

     to the conservation and sustainable use of marine biological diversity beyond areas of national

     jurisdiction (2nd Meeting, 28 April – 2 May 2008, New York)

 

•    A Side Event on Governance of Marine Ecosystems and Uses in Areas Beyond National Jurisdiction

     in the Context of Climate Change: Prospects and Challenges was conducted on April 29, 2008 during

     the UN Ad Hoc Open-Ended Informal Working Group to study issues relating to the conservation and

     sustainable use of marine biological diversity beyond areas of national jurisdiction (2nd Meeting, 28

     April – 2 May 2008, New York)  in collaboration with the Permanent Mission of South Africa to the

     United Nations.

 

•   A Side Event on Advancing Marine Biodiversity in the International Year of Biodiversity:  Briefing and

    Open Discussion was organized by the Global Forum on Oceans, Coasts, and Islands was organized

    by the Global Forum on Oceans, Coasts, and Islands in collaboration with the Convention on

    Biological Diversity Secretariat, on February 5, 2010, in New York, during the 3rd Meeting of the

    United Nations Ad Hoc Open-ended Informal Working Group to study issues relating to the

    conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction, 1

    – 5 February 2010, United Nations, New York (see side event agenda).

 

•   A Special issue of Ocean and Coastal Management is forthcoming (see special issue table of

    contents).

 

NEXT STEPS

 

Next steps in this work are to report to the G-77, AOSIS, and other country groupings at the UN on emerging findings, to present findings at the next meetings of the UN Ad Hoc Working Group on the subject, to continue the policy analyses and dialogues, and to develop a series of regional case studies for possible funding by the GEF and others, part of a UNDP-GEF project on GEF IW:LEARN: Portfolio Learning in International Waters with a Focus on Oceans, Coasts, and Islands and Regional Asia/Pacific and Coral Triangle Learning Processes (July 2009-June 2013).