Transcript The Costs of Climate Protection

UNCLOS and the Pacific Island
Countries: the main issues
Joeli Veitayaki
Marine Affairs Programme, The University of
the South Pacific
Suva, FIJI.
Background
 UNCLOS is very attractive to Pacific Islands
and brings considerable effect
 No where is UNCLOS more suited and
relevant than Pacific Islands
 Pacific Islands were participants in the
negotiation
 Convention was a major gain for Pacific
Islands
 UNCLOS III commenced in 1973 and took 9
years
Background
Constitution of the oceans-promote
international peace and security and
replace conflicting claims with universally
agreed limits
The most comprehensive political and
legislative work undertaken by UN
Balance of rights and responsibilities
17 parts and 9 annexes
Package dealing
Background
All countries claimed huge maritime areas
Reliance on marine resources
Impact on national development
Countries need to focus on meeting their
responsibilities such as delimitation,
determination of continental shelf
boundary, development of offshore mining
legislation, exploration and exploitation of
Area, marine scientific research and the
development and transfer of technology
Internal waters, archipelagic
waters and territorial sea (II - IV)
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12 mile territorial sea is compromise between 3
mile used in west and 200 miles used in Latin
America. Measurements start from baselines
Sovereignty for PIC extended under provision for
archipelagic state
Innocent passage is to be observed
Foreign passage may be assigned in archipelagic
sea lanes within archipelagic waters
Anadromous (stocks that breed in rivers and
estuaries) are to be conserved by coastal states
Catadromous stocks need to be conserved
Internal waters, archipelagic
waters and territorial sea
Pacific Islands is a maritime region
Archipelagic states have archipelagic
baselines and can declare straight
baselines - PNG, Solomon Islands, Fiji
Internal water areas are extended
Total jurisdiction in archipelagic waters
Territorial Sea is measured from the
baseline
Exclusive Economic Zone (V)
The most important zone given the
potential it offer coastal states
All countries have declared 200 mile EEZ
Coastal states must observe rights for
freedom of navigation
Some of the countries are still to delimit
their zones and agree to shared boundaries
Coastal states must explore and exploit,
conserve and manage stocks
EEZ
(cont)
Overexploitation must be prevented
through optimum utilisation
Coastal state must determine MSY and
prevent overfishing and under utilisation
DWFNs must comply with access
conditions
Cooperation between neighbouring states
over management of shared stocks
Cooperation between coastal states and
DWFNs
EEZ
(cont)
Coastal states are entitled to limit fishing
for whales, porpoises and marine
mammals
Continental Shelf and High Seas (VI - VII)
 Most nations have narrow continental shelf
 Management of sedentary species on the
sea floor are up to coastal states
 High Seas are open to all states
 Pockets of High Seas - the resources of
which need to be conserved
 States must acknowledge the interests of
other states
 Hot pursuit is possible
Continental Shelf and High Seas
States are to apply conservation measures
Fisheries technology must be promoted to
support social and economic development
Area - area of seabed in the high seas
Manganese nodules, polymetalic sulphides
and polymetalic crust are found in parts of
the Pacific
Mineral exploitation may mean
environmental problems and increase in
traffic
Protection and preservation of
marine environment (XII)
Regional environment programme and
conventions and treaties
Tertiary institution and universities are
conducting research on pollution
Marine scientific research is promoted but
coastal state permission is required for
research inside EEZ
SPREP and FFA conventions are part of
the initiative within the Pacific to protect
and preserve the marine environment
Critical UNCLOS Issues
Delimitation of maritime zones and
boundaries
charts or a list of geographic coordinates
need to be deposited at the UN
lack of technical capacity to continue the work
archipelagic baselines need to be updated
need for hydrographic survey
common boundaries need to be negotiated
Determination of continental shelf
boundary
Nations with continental shelf extending
beyond 200 nm can establish the outer
boundary 350 nm from the baseline or 100 nm
seaward of the 2,500 metre isobath whichever
is further from the coast
Commission on the Limits of the Continental
Shelf and the coastal state must agree on the
outer boundary
The boundaries beyond the 200 nm must be
submitted with supporting technical and
scientific data to the Commission within 10
years from the ratification date
Determination of continental shelf
boundary (cont)
Potential for extension exist in 6 location
with can affect 10 countries
Delimitation of continental shelf between
States with opposite or adjacent coasts
Development of offshore mining
legislation
Few countries have necessary
regulatory framework to maximise the
benefits of exploring and exploiting
offshore minerals
States mining legislation do not extend
beyond the 12 nm Territorial Sea and
may be inappropriate
Biotechnological research is not
addressed but will be important
Development of offshore mining
legislation
(cont)
Issues that need to be addressed: collection
and analysis of data from offshore
exploration, assessment of likely effects on
the marine environment of offshore mining
and the equitable participation of SOPAC
members
Development of in-country projects and a
model regional legislative provisions
Exploration and exploitation of the
Area (XI)
ISA is an autonomous international
organisation established in 1994 after
LOS entered into force
Extensive offshore deposits of
manganese nodules, cobalt-rich
manganese crusts and hydrothermal
mineral deposits
Exploitation of minerals need to ensure
the protection and preservation of the
environment
Exploration and exploitation of the
Area
(cont)
The regime developed through ISA provide
an opportunity for PIC to participate in the
work of ISA
The draft Code emphasises data collection
and the establishment of environmental
baseline
Pacific countries can benefit from studies
carried out by ISA
SOPAC is observer at the Assembly of ISA
Marine Scientific Research (XIII)
PIC need to consent to all MSR within their
waters
MSR is mostly conducted by institutions
from outside
PIC need to:
 promote the conduct of MSR in their waters
 improve their capacity for MSR
SOPAC and other technical organisation
can assist in the development of capacity
and regional regulations on MSR
Development and transfer of
marine technology (XIV)
SOPAC should assist member countries
National capacity varies greatly and need
enhancing
SOPAC can advice on legislation relevant to
the use of marine resources
Advantages of multilateral agreements
DWFNs do not play off countries
Agreement on regional legal standards
Regional surveillance and enforcement
Share administrative duties and costs
Set standards for adoption by
subregional and bilateral members
Regional cohesion and understanding
Elements of Access Agreements
Licensing-payment of fees and other
remuneration
Catch, effort, area and gear restrictions
Reporting
Observers
Research
Terms and conditions relating to partners
Enforcement procedures
Promote conservation of stock
Objectives of access agreements
Recognition of coastal states right over
resources
Compliance with coastal state laws
Conserve and manage the resource
Receive economic benefits
Increased information through reporting
Develop the fisheries
Technical assistance
Marine scientific research
Objectives of access agreements (cont)
Joint venture
Secure markets for domestic industry
Implementation of regional standards
Avoid extraterritorial application of DWFNs
laws
Consultation and dispute settlement
process
The Nauru Agreement
Coordinated approach to the fishing of
common stocks
a central licensing system (Regional Register)
agreement on uniform terms and conditions
foreign vessels must have a license
placement of observers
standardised form of log book
timely reporting
standardised identification