DIALOGUE SERIES
IN THE FRAMEWORK OF RIO+20
OCEAN GOVERNANCE
DEPARTMENT OF SUSTAINABLE DEVELOPMENT
Background
Ninety-seven percent of the earth’s water is in the ocean and the ocean supplies almost all
precipitation over land. Of this water, as much as 40% is considered ‘heavily affected’ by
anthropogenic factors, including pollution, depleted fisheries, and the loss of coastal habitats such
as coral reefs, mangroves, and seagrasses, and aquatic invasive species. Given that the market
value of marine and coastal resources and industries in the world is estimated at $3 trillion per
year, roughly 5% of global GDP, ensuring adaptive, integrated, and effective ocean governance is
critical1.
As discussed in the previous dialogues2, good governance encompasses integrated processes
which embrace participation, consensus, accountability, transparency, effectiveness, and
efficiency, and follow the rule of law. In this context, and given the immense value of marine and
coastal resources, ocean governance can broadly be defined as the way in which ocean affairs are
governed by governments, local communities, industries and other stakeholders through means of
national and international law, public and private law, as well as custom, tradition and culture,
and the institutions and processes created by them3. This means that ocean governance requires a
multilateral and integrated approach which addresses the sustainable development, use, and
conservation of the earth’s seas by all parties.
The Organization of American States (OAS) through its Department of Sustainable Development
(DSD) supports its member states in designing and implementing policies, strategies, programs
and projects oriented around integrating environmental sustainability with poverty alleviation and
economic development. This support translates sustainable development and environmental
protection goals into concrete actions that have impact at the national level.
The Department also supports transparency and participation as practical ingredients of good
governance, and is responsible for various tasks and initiatives in the area of environmental law
and governance aimed at supporting countries in making fundamental decisions which engage all
stakeholders, and encourage accountability and respect for sustainable development principles
and institutions. These initiatives are influenced by various mandates of OAS political organs and
the Summits of the Americas process, including the 1996 Summit of the Americas on Sustainable
Development in Santa Cruz de la Sierra, Bolivia, where member states established institutional
arrangements and the Inter-American Forum on Environmental Law (FIDA).
1
United Nations Development Programme, Water and Ocean Governance:
http://www.beta.undp.org/content/undp/en/home/ourwork/environmentandenergy/focus_areas/water_and_o
cean_governance.html
2
For information on the previous dialogues please visit: http://www.oas.org/en/sedi/dsd/rio+20/default.asp
3
Borgese, E. M., Ocean Governance, Halifax: International Ocean Institute, 2001
**The meeting will be held in English without translation.
Consistent with the roles that it played in previous global conferences on environment and
development dating back to Founex and Stockholm, the Department has prepared a Roadmap to
Rio+20 and is playing a key role on the High Level International Advisory Committee for the
World Congress on Justice, Governance and Law for Environmental Sustainability (World
Congress), which is being co-sponsored by the OAS and will be held during the ‘sandwich days’
at Rio+20 in mid-June. The World Congress is aimed at supporting the Rio+20 process by
promoting global consensus among relevant stakeholders and outlining the future actions required
to promote the pursuit of sustainable development in the 21st century founded on the rule of law
and governance.
In addition to its support for the World Congress, the General Secretariat of the OAS is
organizing a series of hemispheric dialogues in a variety of sustainable development themes, such
as Energy and Climate Change, Integrated Water Resources Management, Biodiversity and
Sustainable Land Management, Risk Management and Environmental Law, Policy and
Governance. The results of these dialogues will feed into the Conference process through means
such as policy papers and recommendations.
This fourth dialogue in the series will focus on institutional structures, policies, and procedures to
facilitate ocean governance beyond national jurisdiction. Participants will deliberate on ways to
strengthen these institutions and will be called upon to outline recommendations on the
implementation of basic governance principles and improving relationships among stakeholders.
Context
At the United Nations Conference on Environment and Development (UNCED) held in Rio de
Janeiro in 1992, more than 178 governments adopted Agenda 21, the Rio Declaration on
Environment and Development, and the Statement of principles for the Sustainable Management,
all of which have had important impacts on the development of ocean governance.
Agenda 21’s Chapter 17, entitled “Protection of the Oceans, all Kinds of Seas, Including
Enclosed & Semi-enclosed Seas, & Coastal Areas & the Protection, Rational Use & Development
of their Living Resources,” reaffirms the need to conserve and manage oceanic resources. In
particular, in alluding to the United Nations Convention on the Law of the Sea (UNCLOS), this
chapter reiterates the role of international law in setting forth the rights and obligations of the
States and providing an international basis upon which States can pursue the conservation and
sustainable development of marine and coastal resources. In response to this, Chapter 17 calls for
a new integrated approach to this conservation and development, incorporating national, subregional, regional, and global actors in a variety of programmatic areas, including the
strengthening of international (and regional) cooperation and coordination.
While the Rio Declaration pursues broader sustainable development goals with respect to ocean
governance, it is still important in reaffirming soft law principles which are fundamental to
sustainable development. These are exemplified in Principle 11 which calls for States to enact
‘effective environmental legislation.’ Further to this Declaration, paragraphs 30-36 from the
Johannesburg Plan of Implementation adopted at the World Summit on Sustainable Development
in 2002 examine the oceans, seas, islands, and coastal areas as integrated and essential
components of the Earth’s ecosystem. In particular, paragraph 30 addresses how critical these
**The meeting will be held in English without translation.
components are for global food security and for sustaining economic prosperity and the wellbeing of many national economies, particularly in developing countries.
In a similar regard, in the 2009 Declaration of Port of Spain, member states furthered the
commitment of the OAS to ocean governance (Art. 65) by recognizing how vital the conservation
of marine resources and the protection of marine ecosystems are “for the continued economic and
social well-being of those who live near or otherwise depend on the sea.” In particular, the
ongoing efforts to consider the concept of the Caribbean Sea as a Special Area were noted in the
context of sustainable development, without prejudice to relevant national legislation and
international law. Among other mandates, in the Santa Cruz de la Sierra Plan of Action in 1996,
member states promoted the development of model legislation (Initiative 56) to serve as a basis to
provide an integrated and sustainable approach to the management of coastal and marine
resources in national legislation. Said legislation would be consistent with relevant international
treaties to which states are party and enhance the effectiveness of government policies and
program. Other relevant Plans of Action in the ambit of conserving and sustainably using marine
resources include those of the Québec (2001) and Miami (1994) Summits of the Americas.
The Inter-American Program for Sustainable Development (2006-2009) adopted by the OAS
member states in 2006 contains a clause which reflects their commitment to support countries and
sub-regional and regional institutions in their efforts to respond to the adverse effects of climate
change, particularly sea-level rise, in coastal and marine areas through vulnerability assessments,
adaptation planning, and capacity building. This support reflects OAS efforts to counter the
effects of climate change in the socio-economic context.
Other relevant instruments to the conservation and sustainable use of oceans include the
Convention of Biological Diversity (CBD) for marine biodiversity; the Food and Agriculture
Organization of the United Nations (FAO) for fisheries; the International Maritime Organization
(IMO) for point and non-point sources of pollution; and the World Trade Organization (WTO)
and World Intellectual Property Organization (WIPO) for trade and intellectual property.
Regional Progress toward Rio + 20
Consistent with this framework, countries throughout the Americas have been working with
stakeholders at all levels to tackle issues of ocean governance. Looking ahead to Rio+20,
addressing these issues will be critical in achieving a well-rounded institutional framework for the
sustainable development of oceans and incorporating the “blue economy.4” Despite the good
work detailed below, however, there is much to be done in the high seas and coastal areas of the
hemisphere. In griping with high demands for marine and coastal resources, a multilateral
integrated approach will be necessary to ensure the sustainability of a resource which covers over
70 percent of the Earth’s surface.
The OAS-DSD, for instance, has worked to further ocean governance through its collaboration
with the International Seabed Authority (ISA). The ISA is an autonomous international
4
“Blue economy” refers to an international community of companies, innovators and scientists, providing
open source access to develop, implement and share prosperous business models that strive to improve
natural ocean ecosystems and the quality of life for all. (Source: http://unngosustainability.org/wpcontent/uploads/2011/07/Report-on-UN-Law-of-the-Sea-Convention.pdf)
**The meeting will be held in English without translation.
organization established under the 1982 UNCLOS and the 1994 Agreement relating to the
Implementation of Part XI of UNCLOS5. The Authority is the organization through which States
Parties to the Convention, in accordance with the regime for the seabed and ocean floor and
subsoil thereof beyond the limits of national jurisdiction (the Area) established in Part XI and the
Agreement, organize and control activities in the Area. The work of the ISA has been critical in
administering a framework for the sustainable use of the mineral and marine resources of the
seabed, as well as furthering ocean governance.
In March of 2011, the ISA jointly hosted with the Government of Jamaica a seminar on
Prospecting, Exploration and Exploitation of Deep Seabed Mineral Resources in the Area:
Challenges for the Caribbean and Opportunities for Collaboration. Among the seminar’s
participants, the OAS-DSD presented on initiatives to harness marine resources in the Caribbean.
This presentation analyzed initiatives related to the conservation and/or sustainable use of these
resources, and examined the existing legal-institutional framework and importance of establishing
regulatory mechanisms to achieve long-term sustainability in a region where the knowledge of
marine biodiversity is very limited and ecosystems are critical to supporting livelihoods.
In this context, one relevant OAS-DSD initiative is ReefFix, an Integrated Coastal Zone
Management (ICZM) project which took place from 2008 to 2010, and tackled issues of coral
reef restoration and watershed management through capacity building and economic valuation
methodologies in order to realize the economic benefits derived from the coral reefs and make
sustainable use of marine resources6. Another initiative executed by the OAS-DSD is the
Caribbean Planning and Adaptation to Climate Change Project (CPACC), which from 1997 to
2004 developed a Coastal Resources Information System, monitored and valued corals reefs, and
articulated a relevant policy framework for integrated adaption, planning, and management.
The International Union of Conservation of Nature (IUCN) constitutes another organization on
the forefront of ocean governance issues. Among an array of important themes of conservation,
the IUCN has played a key role since 2003 in fostering international action to safeguard the high
seas, which cover nearly 50% of the planet and 64% of the ocean, and supports efforts at the
national level to conserve coastal and marine biodiversity within national waters. Furthermore,
the IUCN Commission on Environmental Law (CEL)7 Oceans, Coastal and Coral Reefs
Specialist Group has done excellent work in promoting ocean governance. Most recently, the
Group contributed written and oral submissions in early 2011 to the Seabed Disputes Chamber of
the International Tribunal for UNCLOS in its Advisory Opinion case regarding the responsibility
of states sponsoring activities in the Area.
A recent agreement from a UN working group which studies issues relating to the conservation
and sustainability of marine biological diversity reinforces that international action is indeed
taking place. This group has agreed to establish a UN-based process which could lead to a new
5
UNCLOS also contains an important implement agreement which addresses the Implementation of the
Provisions of UNCLOS relating to the Conservation and Management of Straddling Fish Stocks and
Highly Migratory Fish Stocks
6
In the Montego Bay Marine Park Trust case study in Jamaica, the total benefits from the Montego Bay
reefs were valued at USD$401 million net present value (NPV), with an estimated additional potential
benefit of USD$70 million NPV through pharmaceutical bioprospecting.
7
The OAS-DSD is a Member of CEL.
**The meeting will be held in English without translation.
multilateral agreement under UNCLOS and, if adopted by the UN General Assembly, could
establish a proper platform to develop new rules for designating marine protected areas and for
assessing the impacts of activities that may harm marine life beyond national jurisdiction8.
The path to addressing the myriad elements which comprise the interlinked ecosystems of the
ocean remains an enormous challenge, and a lucid understanding of the existing international and
national instruments and mechanisms related to ocean governance will be essential to progress. In
this light, the discussions at this Dialogue will aim to address key issues of the legal framework
necessary for the conservation and sustainable use of marine biodiversity in areas beyond national
jurisdiction which are to be translated into national, regional, and international agendas to sustain
the oceans, seas, islands, and coastal areas upon which we rely so much.
The following challenges will be particularly addressed during the discussion:
•
•
•
•
Conservation of marine resources and the protection of marine ecosystems for the
continued economic and social well-being of those who live near or otherwise depend on
the sea;
High demands for marine and coastal resources in the context of loss of habitats and
depleted fisheries, particularly with respect to food security for sustaining economic
prosperity;
Adaptation planning and capacity building in response to the adverse effects of climate
change on oceans, particularly sea-level rise; and
Achieving a well-rounded institutional framework for the sustainable development of
oceans, enforcing the rights and obligations of states as well as strengthening
international (and regional) cooperation and coordination.
8
IUCN, Ocean Governance:
http://www.iucn.org/about/work/programmes/marine/marine_our_work/marine_governance/
**The meeting will be held in English without translation.
PRELIMINARY PROGRAM
COLUMBUS ROOM
3:00 to 5:00 pm
Thursday, December 15th, 2011
3:00 – 3:15 pm
Welcome remarks, Nicolla Simone Rudder, Minister-Counselor,
Permanent Mission of Barbados to the OAS
3:15 – 4:30 pm
Davos-Style Panel Discussion9: Ocean Governance
Chairs: Claudia de Windt, Senior Legal Specialist, Chief Environmental
Law, Policy and Good Governance, Department of Sustainable
Development, OAS; and
Richard Huber, Principal Environmental Specialist, Biodiversity,
Department of Sustainable Development, OAS
Panelists:
1) Nancy Daves, Senior Fisheries Officer, National Oceanic and
Atmospheric Administration (NOAA)
2) Charlotte Salpin, Legal Officer, Division for Ocean Affairs and the
Law of the Sea, United Nations
3) Daniel Pauly, Professor, Fisheries Centre & Zoology, University of
British Colombia
4:30 – 5:00 pm
Open discussion and recommendations
5:00 pm
Closing, Cletus Springer, Director, Department of Sustainable
Development, OAS
*To be confirmed
9 The ‘Davos-style’ panel discussion will emphasize discussion and interaction among the experts on Governance,
Public Participation, and Gender Mainstreaming in Sustainable Development Decision-Making. After opening remarks
and introduction of the panelists, the Moderator will pose questions and facilitate a discussion. The Moderator will
provide a brief summary of comments and thoughts at the end of the discussion.
**The meeting will be held in English without translation.