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Pulbic Lecture Slide Presentation (4.4.2014) Who governs the sea? Ways toward future forms of governance
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Pulbic Lecture Slide Presentation (4.4.2014) Who governs the sea? Ways toward future forms of governance

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Speaker: YVES HENOCQUE ...

Speaker: YVES HENOCQUE
- IFREMER (INSTITUTE FOR THE SUSTAINABLE DEVELOPMENT OF THE SEA) MARITIME STRATEGY SENIOR ADVISOR
- JAMSTEC (JAPAN AGENCY FOR MARINE-EARTH SCIENCE AND TECHNOLOGY) GUEST RESEARCHER
- OPRF (OCEAN POLICY RESEARCH FOUNDATION) VISITING FELLOW

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Pulbic Lecture Slide Presentation (4.4.2014) Who governs the sea? Ways toward future forms of governance Pulbic Lecture Slide Presentation (4.4.2014) Who governs the sea? Ways toward future forms of governance Presentation Transcript

  • WHO GOVERNS THE SEA ? WAYS TOWARD FUTURE FORMS OF GOVERNANCE Global Local Yves Henocque, IFREMER/JAMSTEC/OPRF Temple University Japan Campus, 4/04/2014
  • The oceans Surface: 70 % of the earth Volume: 90% of the earth
  • Ocean: the lifeblood of Earth Driving weather Regulating temperature Supporting all kind of living and mineral resources Yet 95% of it remains unknown…
  • Indian ocean Southern ocean Pacific ocean Atlantic ocean Arctic ocean
  • 84,000 kms of seamless mountains
  • PROPOSED ABYSSAL PROVINCES (3500-6000m) Toward a deep ocean observing strategy – Global Ocean Observing System (GOOS) (From Watling L., et al., 2013)
  • deep ocean ecosystems
  • Down there: it is cold: 2-4°C, it is dark, there is a very high pressure, But it’s quite alive! Environmental heterogeneity Exceptional longevity, slow growth With all kind of biological adaptation
  • And full of other resources Oil and gas Fertilizers e.g. marine phosphates in Namibia (-400m) Minerals Polymetallic sulphides, polymetallic nodules, cobalt-rich ferromanganese crusts, rare earth mud
  • THE ARCTIC The Economist Summit 2014: « Hot to invest or cold feet » The Arctic race is heating up !
  • INCREASING RED ZONES LEADING TO CUMULATIVE IMPACTS Source: The Stockholm Resilience Centre www.stockholmresilience.org • Land-based pollutions • Overfishing • Invasive species • Seawater warming • Seawater rising • Oceans acidification • Climate extreme events • Ice melting • Waste disposal • Seabed mining ?? Cumulated impacts
  • NON-LINEAR UNSTABLE WITH THRESHOLDS UNCERTAINTIES SYSTEM DYNAMIC « Creative Destruction » Plancton populations Deep seabed communities
  • THE SYSTEM WE ARE LIVING IN: A SOCIAL-ECOLOGICAL SYSTEM ECOSYSTEMS ACTORS Drivers of change Environmental processes Ecosystem services Indirect drivers  Demography  Économy  Social & political  Cultural  Scientific & technological Direct drivers  Land use  Introduction & elimination of species  Uses and technological adaptation  Use of resources  Climate change Dynamics Physics Chemical Écological Interactions Between individuals, populations, species and compartments Fluxes energy, material, nutrients, informations Provisioning Regulating Cultural Supporting Individual and social well-being Uses& Users KNOWLEDGE communities Civil society & public G O V E R N A N C E Institutions management practices (policies, programmes, projects) Knowledge Governance
  • ECOSYSTEM SERVICES ? Provisioning: fish, energy, pharmaceutical, minerals Supporting: habitat, substrate, nurseries, refugia, trophic support Biodiversity: species, genes, enzymes, metabolites, biomaterials, detoxification, anti-fouling Regulating: temperature, CO2, nutrient cycling…
  • ACTORS AND GOVERNANCE The type of governance set the frame within which management happens MARKET CIVIL SOCIETY Use of space and resources and accountability Private goods /Public goods / Commons (local/global) STATE Central and Local governments
  • THE COMMONS ARE NOT PUBLIC GOODS Common-pool resource: Natural or human-made resource that everybody uses but nobody owns, and where one person’s use effects another person’s ability to use the resource (feudal land law and pre-colonization ‘commons’) Tragedy vs. wealth of commons What kind of institutions for collective action ? Besides the law of market and the rule of State What are the basic design principles of successful institutions for managing common-pool resources: fishery, water resources, grazing ground, internet, the air, scientific knowledge, ocean…. Elinor Ostrom (2009 Nobel Price)
  • GLOBAL COMMONS Common heritage of mankind (CHM) Humanity common concern -Antarctic Treaty (1959) -Moon Treaty (1979) - Convention on the Law of the Sea (1982) - Framework agreement on climate change (1992)
  • BACKGROUND: HISTORY of the LAW of the SEA As free as the breeze… 1609: Dutch legal thinker, Hugo Grotius, wrote the ‘Mare liberum’ As the air, the sea should be free and open to use by all countries ‘Territorial sea’of about 3 nautical miles from land All went well till mid-20th century… Trade and fisheries expansion leading to extended national claims 1958: UN Conference on the Law of the Sea defined the continental shelf 1967: Malta’s Ambassador to the UN, Arvid Pardo, called for « an effective international regime over the seabed beyond a clearly defined national jurisdiction » 1971: Draft Ocean Space Treaty Recognized the unity of the oceans as ecological systems
  • Compromising: better than nothing 1974: the beginning of a long negotiation where CHM became limited to the seabed and its resources 1982: UN Convention on the Law of the Sea (UNCLOS) is agreed 1994: UNCLOS is ratified
  • Still a very fragmented approach to jurisdiction despite the irrefutable unity of oceans as ecological systems Deep sea minerals: UNCLOS - ISA Fishing: RFMO – FAO Biodiversity and habitats (EBSAs): CBD Shipping and pollution: IMO Land-based pollution and debris: (UNEP) Waste disposal: London Dumping Convention Scientific research: Voluntary code of conduct Cable & pipelines: unregulated Bioprospecting: unregulated .........
  • MPA MPA PA Wetlands
  • MOREOVER….. Universality far from being achieved, UNCLOS: 166 countries (big absent: USA…) UN Fish Stocks Agreement: 81 only… Non compliance by ratifying countries themselves Territorial waters boundary Non respect of deep/fragile ecosystems (deep trawling) Illegal Unreported Unregulated (IUU) fishing To be adapted to new problems and issues Conservation of high seas living resources (fisheries subsidies) Bioprospecting (no existing rules in the high seas) Climate change and ocean acidification Drug smuggling, piracy, etc.
  • Since 2010: countries’ re-appropriation move Requests of continental shelf extension (350 nm) + 24 million km² (EEZ+34%) Why ? 0il and mineral resources: 87% within EEZs Fishing resources: 90% within EEZs above the continental shelf
  • INCREASED GLOBAL FISH PRODUCTION • Source: FAO State of the World Fisheries and Aquaculture 2012 Catch per unit effort Catches composition Under-estimated
  • INCREASING RATE OF DEPLETION 52% Fully exploited 20% Underexploited or moderately exploited 19% Overexploited 8% Depleted Source: FAO, State of the World Fisheries and Aquaculture 2012 * 1% recovering from depletion INCREASING RATE OF DEPLETION
  • GLOBAL POPULATION GROWTH & FOOD SECURITY •In 2012 global population is estimated at 7 billion •In 2012, fish accounted for between 30 percent to 50 percent of the animal protein consumed worldwide •By 2025, global population is expected to grow to 8.5 billion • Global seafood demand by 2025 would grow by a further 37 percent to meet the food security needs of world • Where would the fish come from? From Martin Tsamenyi, 2013 Global population growth and food security
  • REGIONAL FISHERIES ORGANIZATIONS REGIONAL FISHERIES ORGANISATIONS
  • DEAD END ? OR A COMPREHENSIVE REFORM OF THE LAW OF THE SEA ? Which vision ?
  • Some first steps towards the vision • How can we care about something we don’t know ? Global monitoring system for the oceans The UN ‘Regular process’ : too limited to a few experts IPCC-like system is needed: international, consensus-oriented, multi- stakeholder process for knowledge-based foundation for action and guidelines for future stewardship of the oceans • Short-term profit vs. long-term development Valuing the ecosystem services to be incorporated into decision-making processes • Time for Oceans Sustainable Development Goals • The strengthening of regional ocean governance Regional Conventions, RFMOs, Biodiversity: Regional Sea Strategies
  • FISHERIES ? Close the High Seas to Fishing ! To meet the UNCLOS equity, economic, and conservation objectives provided that: -gains (which would quickly superate losses) from a HS closure are attributable to fish spillover into EEZs, thus although not fishing in the HS, the freedom to fish resources from the HS is maintained -a portion of the gains from closing HS could be used to support its enforcement Outcomes: -Coordination mechanism across EEZs -Reduction of the overall exploitation rates -Protecting a sufficient range of the stock to allow rebuilding
  • We live in an interconnected system FROM WATERSHEDS TO MARITIME AREAS Watershed Coastal zone Seas and oceans Integrated Water Ressources Management Integrated Coastal Management Regional Seas Management Ocean Governance Global governance Regional seas Inputs / Impacts / Coastal useLand-use / Water use Maritime strategy Ocean Policy Mitigation / Regulation Legal & Institutional framework / Stakeholders participation / Implementation / Monitoring ICM Strategy Maritime Spatial Planning Ecosystem-based management Nested governance approach Local implementation Satoyama – Community-based management – Satoumi - Co-management Integrated coastal management
  • Where State sovereignty is the rule National/Federal Ocean policy Regional/State Coastal and Marine Strategies Local/Inter-municipalities Coastal management initiatives National/Federal Ocean policy Regional/State Coastal and Marine Strategies Local/Inter-municipalities Coastal management initiatives COUNTRY X COUNTRY Y Regional sea strategy (Baltic, North-East Atlantic, Mediterranean, East Asian Seas….)
  • Common heritage of mankind’s design principles EEZ/High seas boundaries are clearly defined Rules governing uses are well matched to needs and conditions All parties can participate in modifying the rules A consensus-based monitoring system exists (state/practices) A graduated system of sanctions is used Parties have access to conflict resolution mechanisms Appropriation, provision, monitoring, enforcement, conflict resolution, and governance activities are organized in polycentric forms
  • System thinking -------- Nexus thinking Thinking in terms of relationships connectedness context Taking the world as it is and seeking ways to build on possibilities and dynamics already present « Hartwell Paper » (2010) about UNFCCC
  • THANK YOU!