Rio Plus Ten: The Evolution of International Marine Fisheries Governance

The 1992 United Nations Conference on Environment and Development (UNCED) held at Rio de Janeiro was a seminal event that addressed the interplay of economic development and human use of natural resources with the need for protection of the natural environment. The general principles embodied in the Rio Declaration and the provisions included in the comprehensive Agenda 21 expressed the expectations of the international community and set the stage for national and international policy and legal developments in a host of different areas, including the governance of the ocean's living resources. Chapter 17 of Agenda 21 focused on the world's oceans and seas and crystallized growing world community concern with problems such as unregulated fishing, fishing vessel reflagging, overcapitalization of the fishing industry, inadequate fisheries enforcement, and insufficient cooperation among states. Further, the documentation of UNCED evidenced interest in new governance frameworks and concepts such as ecosystem-based management and precaution. In retrospect, it is clear that the ideas discussed at Rio have been important and have been implemented by a variety of governments and international organizations as they exercise their responsibilities for fisheries management. This article examines the principles and approaches suggested by UNCED as they relate to world fisheries and considers how they have been reflected in global fishery agreements such as the FAO Compliance Agreement and the United Nations Fish Stocks Agreement, in the work of international fishery bodies such as the FAO Committee on Fisheries, and in the efforts of a number of regional fishery commissions. It also addresses the significance and ramifications of changes suggested by Agenda 21 for the future conduct and management of world marine fisheries.     

Historic Rights in International Law and in China's Practice

Despite the great expansion of maritime zones of the coastal states, consequent to the 1982 UN Convention on the Law of the Sea, state practice indicates continued attempts at using concepts of historic waters and/or historic rights to assert jurisdiction. The Chinese claim to historic rights in its 1998 Law on the Exclusive Economic Zone and Continental Shelf is a new addition to the whole picture. It is the People's Republic of China's clear intention that the historic claim applies to the water areas in the South China Sea wherever China could not establish its 200-nm exclusive economic zone. This article assesses China's historic claim in the context of international law, state practice, and judicial pronouncements.     

Pelagic anglerfishes (Lophiiformes: Ceratioidei) of The Gully Marine Protected Area

ABSTRACT

A listing of the ceratioid anglerfishes occurring in and around The Gully, a submarine canyon and Marine Protected Area (‘MPA’) off the coast of Nova Scotia that has been reserved to protect its biodiversity, is provided. The compilation was based on 138 specimens, including members of at least 24 species, collected during four midwater-trawl surveys at meso- and bathypelagic depths, supplemented by previous records from the surrounding region. The Gully specimens included seven new records for Canadian waters, two representing major extensions of reported ranges for Bufoceratias wedli and Gigantactis herwigi. In all, more than 40 species, a quarter of the global total of ceratioids, have either been confirmed as occurring in the MPA or can be anticipated as being present occasionally. However, most of the species are effectively planktonic and are carried through the MPA by along-slope and up-canyon currents, without receiving effective protection while in the Area. As iconic examples of the deep-sea fauna, they nevertheless remain important to the MPA’s public-outreach functions.     

The Ability and Right of Coastal States to Monitor Ship Movement: A Note

Using the Global Positioning System (GPS), a ship knows its position continuously to within a few meters anywhere in the ocean. Small, lightweight, relatively inexpensive instruments calculate the ship's position from signals of passing GPS satellites. Oceanographers now attach GPS receivers to floating instruments. These floating buoys broadcast their positions and other data to passing communication satellites, which in turn transmit that information to shore stations. Clearly, a similar locator device (LD) could be placed aboard a ship and its position tracked continuously from shore. We suggest that under the U.N. Law of the Sea Treaty, coastal states can require activated LDs on all ships, including war ships, traversing its territorial sea, archipelagic sea lanes, and straits used for international passage. We further suggest states can require many classes of ships to carry activated LDs while traversing their exclusive economic zones or working above their continental shelf.     

Article 297 of the United Nations Convention on the Law of the Sea and the Scope of Mandatory Jurisdiction

This article assesses the scope and content of the automatic exceptions contained in Article 297 of the UN Convention on the Law of the Sea to the compulsory procedures established in Section 2 of Part XV. The Convention's drafting history is examined with a view to determining the validity of the diametrically opposed readings of Article 297(1) endorsed by Annex VII Tribunals in the Southern Bluefin Tuna Award and the Chagos Marine Protected Area (MPA) Award. The interpretation favoured in the Chagos MPA Award—that mandatory jurisdiction is not restricted to the three cases expressly enumerated in Article 297(1)—is consistent with the textual evolution of Part XV. The article situates the approach adopted by the Chagos Tribunal within a wider normative tradition, which holds that adjudicative jurisdiction arises in default of positive textual authorzsation (unless it has been explicitly excluded). It is argued that this approach should be embraced by courts and tribunals when interpreting the Convention's provisions, as it accords with the drafters' aspirations and it serves to strengthen the international Rule of Law.     

Global analysis of satellite tracking data shows that adult green turtles are significantly aggregated in Marine Protected Areas

Aim Tracking technologies are often proposed as a method to elucidate the complex migratory life histories of migratory marine vertebrates, allowing spatially explicit threats to be identified and mitigated. We conducted a global analysis of foraging areas of adult green turtles (Chelonia mydas) subject to satellite tracking (n= 145) and the conservation designation of these areas according to International Union for Conservation of Nature criteria. Location The green turtle has a largely circumtropical distribution, with adults migrating up to thousands of kilometres between nesting beaches and foraging areas, typically in neritic seagrass or algal beds. Methods We undertook an assessment of satellite tracking projects that followed the movements of green turtles in tropical and subtropical habitats. This approach was facilitated by the use of the Satellite Tracking and Analysis Tool ( http://www.seaturtle.org ) and the integration of publicly available data on Marine Protected Areas (MPAs). Results We show that turtles aggregate in designated MPAs far more than would be expected by chance when considered globally (35% of all turtles were located within MPAs) or separately by ocean basin (Atlantic 67%, Indian 34%, Mediterranean 19%, Pacific 16%). Furthermore, we show that the size, level of protection and time of establishment of MPAs affects the likelihood of MPAs containing foraging turtles, highlighting the importance of large, well‐established reserves. Main conclusions Our findings constitute compelling evidence of the world‐wide effectiveness of extant MPAs in circumscribing important foraging habitats for a marine megavertebrate.     

Universalizing the Law of the Sea in the South China Sea Dispute

This article argues that a resolution of the maritime disputes in the South China Sea must be based upon a universalist framework where the maritime interests of the world are upheld. The article discusses the universalist framework of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the universalist approach taken by the Tribunal on 12 July 2016 in the South China Sea Arbitration regarding the extinguishment of a state's “exceptionalist” maritime claims and the adoption of strict criteria for the characterization of features at sea.     

Compulsory Pilotage in International Straits: The Torres Strait PSSA Proposal

At a time when the International Maritime Organisation's (IMO) Particularly Sensitive Sea Area (PSSA) concept is under intense scrutiny by IMO member states, Australia and Papua New Guinea jointly proposed an extension to the existing Great Barrier Reef PSSA to include the waters of the Torres Strait. As a measure to protect this PSSA, a compulsory pilotage regime was proposed for adoption by the IMO. This article analyzes the Torres Strait proposal and, in particular, the reaction by many IMO member states to the proposal for compulsory pilotage in a strait used for international navigation. Consideration is given to the legal basis for such a measure and the options available to the proposing states to implement a pilotage regime in the Torres Strait.     

Measuring conservation success with missing Marine Protected Area boundaries: A case study in the Coral Triangle

The on-going loss of biodiversity calls for assessing the performance of conservation strategies. In the case of marine protected areas (MPAs), a common indicator of success is the amount of biodiversity protected within them. However, there are many cases where the information for the official MPA boundary is not available, making it difficult to precisely measure the indicator. A solution to this problem is to create circular buffers around the centre location of MPAs for which boundaries are missing, equivalent in area to that reported officially for the MPA. The Coral Triangle Atlas provides the opportunity to quantify more precisely the validity of using buffers as proxies for MPA boundaries both at national and regional scales in the Coral Triangle. We used 612 existing MPA boundaries, converted them into point data at their centroids and then created circular buffers of area equal to that of the MPAs’ original polygons. Errors in estimated area of protected coral reefs were used to measure the bias created by the centroid buffers. We obtained an underestimation of protected coral reef area, both at the scale of the Coral Triangle region and at a national scale when using centroid buffers, with a larger underestimation as more MPA boundary proxies were used. We found that the size of MPA does not have a significant effect on the percentage of bias when MPAs are smaller than 100 km² at a national level, and smaller than 1000 km² at a regional level. With less than 15% of the total MPAs in the CT region larger than 100 km², these results suggest that using buffers at a national scale for small MPAs may be a good solution to missing boundaries and cheaper than trying to collect exact information if working at a national or multinational scale. However, for countries with large MPAs such as Indonesia, using this proxy system will tend to create a larger error. At a regional scale, such as the Coral Triangle region, an estimation of total protected coral reef using buffers as MPA boundaries proxies will produce a small underestimation, thus, producing conservative results of protected coral reef area. This study shows the importance of assessing the bias introduced by using proxies for MPA boundaries when measuring indicators of conservation target achievement for coastal and marine areas.     

Marine Conservation versus International Free Trade: Reconciling Dolphins with Tuna and Sea Turtles with Shrimp

During the 1990s, the World Trade Organization (WTO) rejected as impermissible unilateral efforts by the United States to promote conservation of endangered marine species through trade sanctions against other governments. These acts of unilateral economic coercion were held to be discriminatory tactics done in unfair restraint of international trade. But in so doing, the WTO findings aroused the ire of environmentalists worldwide. These findings by the WTO became portrayed not as decisions upholding free trade, but as mandates against marine conservation and environmental protection. Even so, this denial of lawful permissibility to use unilateral economic coercion to protect endangered species internationally does not signal the demise of national efforts to conserve living marine resources. Rather, these WTO findings point up the manner in which potential trade and marine conservation disputes should be handled, i.e., through means of peaceful settlement. The key to future international marine conservation relies on a multilateral rather than a unilateral approach. Thus, environmentally conscious governments, such as the United States, should continue to encourage global adoption of marine conservation policies without impinging on international norms and standards of international commercial transactions.     

承载力评估在区域人口配置中的应用：以常州为例

从城市生态系统承载力的空间差异性出发,集成GIS空间评价技术和系统动力学（SD）模型,确定城市区域适度总人口规模和各分区人口数量,提出人口分区定量配置新思路和技术集成方法,并将该方法应用于300万人口城市--常州.结果表明： 通过构建常州市区人口、经济、土地与环境的系统动力学模型和多情景模拟分析,在同时满足城市经济发展与环境保护需求下,常州市区远景（2050年）总人口约400万;基于城市承载力空间差异评价进行常州市区总人口的空间配置,将形成240万人的主城及5个15～40万人新城的空间格局,研究结果可为国土开发管理中人口与经济的空间分配提供科学依据.     

A Review of the Legal and Policy Framework for Vessel Source Pollution in Hong Kong

Vessel source marine pollution is an increasingly major concern at both the national and international levels. Hong Kong, as an important maritime center, is naturally concerned with vessel source pollution. To meet the challenges, Hong Kong has formulated policies and measures that emphasize “green shipping” as part of an overall planning strategy that promotes a “green economy.” This article provides a review and analysis of Hong Kong's marine pollution laws, with a view toward making policy suggestions. It argues that the general perception of the adequacy of Hong Kong's marine laws in combating vessel source pollution is flawed. It suggests that Hong Kong should adopt a more forward-looking perspective in the formulation of legal measures to control vessel source pollution.     

Permeable Boundaries: Outsiders and Access to Fishing Grounds in the Berau Marine Protected Area

The designation of Marine Protected Areas (MPAs) in Indonesia has been accelerated over the past two decades in line with international biodiversity conservation commitments and to secure a basis for decentralised fisheries resources management. The Berau MPA of northeast Kalimantan is one of them. This paper shows how the establishment of the park boundaries and zoning affects local fishers' livelihoods. Particular attention is paid to the position of outsider fishers or andon, who have a legal right to access the resource rich fishing grounds. Decentralised district government legitimises outsider fisheries activities because andon fishing permits bring in fees as a contribution to the regional income (PAD or pendapatan asli daerah), while international environmental organisations and local fishers regard the outsider fishers as illegitimately entering the MPA to access resources they regard as their own. Thus, MPA boundaries appear to be highly permeable, with both local fishers and environmental NGOs seeing the presence of andon as illegitimate and illicit, despite being legal.     

The U.S.-Led Proliferation Security Initiative and UNCLOS: Legality,Implementation, and an Assessment

This article examines the relationship between the U.S.-led Proliferation Security Initiative (PSI) and the 1982 United Nations Convention on the Law of the Sea (UNCLOS). It attempts to answer the questions of whether the PSI is legal or illegal under UNCLOS and whether U.S. accession to UNCLOS would enhance or create difficulties for the implementation of the PSI. The author concludes that U.S. accession to the Convention would not affect adversely the implementation and effectiveness of the PSI. On the contrary, accession to UNCLOS could help increase U.S. credibility and leadership in dealing with the threat to international peace and security posed by weapons of mass destruction proliferation. It also suggests that all the relevant information needs to be gathered and examined carefully in order to answer the question of whether a PSI interdiction action is legal under UNCLOS or not.     

Then and Now: Reappraising Freedom of the Seas in Modern Law of the Sea

The principle of freedom of the seas remains the governing paradigm of the high seas in modern law of the sea. Although the principle, as embraced by the UN Convention on the Law of the Sea (LOSC), is no longer an absolute norm, it continues to present fundamental challenges for achieving effective conservation on the high seas as it stands in direct contrast to the conservation duty imposed on states by LOSC. The recent UN General Assembly resolution calling for the adoption of a further Implementing Agreement under LOSC to address conservation on the high seas, highlights the need to build a new ethos for management of the high seas, which will require states to loosen their firm grip on the Grotian doctrine. This article seeks to contribute toward shifting attitudes in relation to the principle of freedom through an examination of the nature and scope of the principle in its historic context and in contemporary law of the sea.     

Interpretation and Application of Article 298 of the Law of the Sea Convention in Recent Annex VII Arbitrations: An Appraisal

Article 298 of the UN Convention on the Law of the Sea allows state parties to exclude certain categories of disputes from the compulsory procedures entailing binding decisions. This provision serves as a “safety valve” by excluding sensitive issues mainly related to sovereignty. This article examines the three recent Annex VII Arbitral Awards (the South China Sea Arbitration; the Arctic Sunrise Arbitration; and the Chagos Marine Protected Area Arbitration) that assessed the interpretation and application of Article 298.     

Assessing high conservation value areas for rare,endemic and threatened (RET) species: A study in high altitude Changthang landscape of India

The Forest Stewardship Council developed the concept of High Conservation Values (HCVs) as a criteria in the forest certification process in order to promote sustainable forest management. It has six major components or values and component one and two of HCVs deal with the habitat for viable populations of “rare, endemic and threatened (RET) species” using the IUCN Red List category and other national / regional / local lists. But a consistent robust methodology for identification of these areas, does not exist. The present study tried to develop for the first time, a straight forward inclusive methodology for identification of HCVAs for the RET species on a spatio-temporal scale. A total of 50 RET and other significant species (32 flora, 10 fauna and 8 avifauna) were identified after a thorough literature review, field surveys and consultations with experts. Occurrence data of the selected species was collected from different secondary sources, field surveys, institutes and scientists who have worked on them. A 10 km grid-based approach and stratified random sampling was used for the primary GPS field surveys conducted during 2018–2019. MaxEnt species distribution model (SDM) software was used based on the occurrence data and environmental variables for identification of potential suitable habitats for the selected species. Linear support vector machine (LSVM) model was used for assessing the performance of the SDMs. The performance of each SDM has been validated through Cohen's Kappa (KAPPA), true skill statistic (TSS) and receiver operating characteristics (ROC) models. The proposed methodology addresses the urgent need for a holistic and robust set of techniques to apply the HCV toolkit. This is key to identify and map HCVAs for RET species at the landscape level and can be easily adapted to and adopted at the national, regional, state or local level in India. The methods offer an efficient, reliable approach for the application of the HCV concept, elsewhere in the world.