Institut du développement durable et des relations internationales 27 rue Saint-Guillaume – Paris Cedex 07 - France Possible options for a global governance framework under UNCLOS which integrates existing international/regional institutions and processes Elisabeth Druel, IDDRI IUCN -BfN Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction Bonn, 1-3 December 2011

Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction Boulogne-sur-Mer seminar (19-21 September 2011) « Towards a legal framework for the creation and management of cross-sectoral marine protected areas in areas beyond national jurisidition », with 20 high level experts of the law of the sea, ocean governance and biodiversity conservation. Foresight methodologies applied to different scenarios on the establishment and management of MPAs in ABNJ. Time horizon: Scenarios discussed, challenged and reviewed by the participants. A regional scenario, an UNCLOS implementing agreement scenario, a CBD additional protocol scenario. 1. Introduction: a scenario analysis

Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction Each of the scenarios is divided into 4 steps for which several variants exist. Step 1: Political, legal and/or institutional basis for the establishment and management of an MPA in ABNJ The application of existing instruments and mandates (and their evolution) in the absence of an overarching global agreement; The adoption of an implementing agreement to UNCLOS, with several variants related to the content of this agreement; The adoption of an additional protocol to the CBD, with several variants related to the content of this protocol. 1. Introduction: a scenario analysis

Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction Step 2: Process to create or to list an area as MPA in ABNJ A process supported by: Governing bodies of the regional seas conventions; The relevant RFMO which then decides to pursue more comprehensive protection through other competent authorities; An « integrated regional oceans management organisation » or regional agreement that combines the functions of both regional seas convention and an RFMO; An alliance or a coalition of States and other stakeholders, with the intention of working through global and regional conventions and organisations; The COP of an UNCLOS implementing agreement or of a CBD additional protocol; An existing international body with a mandate extended to the establishment of MPAs in ABNJ; A new international body created to supervise the establishment and management of MPAs in ABNJ. 1. Introduction: a scenario analysis

Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction Step 3: Adoption of management measures Adoption of management measures by: The governing bodies of the regional seas conventions for activities which fall within their mandate; RFMOs for activities related to fisheries; An « integrated regional oceans management organisation » or regional agreement; Other competent regional and sectoral organisations for activites which do not fall within the mandate of RFMOs, regional seas conventions, regional agreements or integrated regional oceans management organisations; The governing body to an UNCLOS implementing agreement or that of a CBD additional protocol; A global body with competences extended to the management of MPAs in ABNJ; A new global body created to supervise the establishment and management of MPAs in ABNJ. 1. Introduction: a scenario analysis

Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction Step 4: Implementation of management measures Implementation at the regional level by the relevant body(ies) supporting the process; Coordination of the implementation by a global body with competences for or extended to the management of marine biodiversity. 1. Introduction: a scenario analysis

Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction 2. The regional scenario STEP 1 STEP 2 STEP 3 STEP 4 APPLICATION OF EXISTING INSTRUMENTS AND MANDATES AND THEIR EVOLUTION IN THE ABSENCE OF AN OVERARCHING GLOBAL AGREEMENT IMPLEMENTATION AT THE REGIONAL LEVEL MANAGEMENT MEASURES ADOPTED BY REGIONAL AGREEMENTS OR BY SECTORAL ORGANISATIONS THROUGH STATES PARTIES TO REGIONAL INITIATIVES OR COALITIONS PROCESS SUPPORTED BY A REGIONAL AGREEMENT OR AN ALLIANCE OR A COALITION OF STATES AND OTHER STAKEHOLDERS

Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction 3. The CBD additional protocol scenario STEP 1 STEP 2 STEP 3 STEP 4 ADOPTION OF AN ADDITIONAL PROTOCOL TO THE CBD – LEGAL BASIS: ARTICLE 5 OF THE CBD IMPLEMENTATION BY RELEVANT COMPETENT AUTHORITIES AT THE REGIONAL LEVEL; COORDINATION OF IMPLEMENTATION BY THE COP ADOPTION OF MANAGEMENT MEASURES AT THE REGIONAL LEVEL; MANAGEMENT PLAN SENT TO THE CBD PROTOCOL’S CONFERENCE OF THE PARTIES MPA IDENTIFIED AND DESIGNATED AT THE REGIONAL LEVEL; INCLUSION IN AN INTERNATIONAL LIST MANAGED BY THE GOVERNING BODY IN CHARGE OF THE IMPLEMENTATION OF THE PROTOCOL

Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction 4. The UNCLOS implementing agreement scenario STEP 1 STEP 2 STEP 3 STEP 4 ADOPTION OF AN IMPLEMENTING AGREEMENT TO UNCLOS; LEGAL BASIS: UNCLOS PART XII IMPLEMENTATION BY COMPETENT AUTHORITIES AT THE REGIONAL LEVEL; SUPERVISION OF THE IMPLEMENTA- TION BY THE GOVERNING BODY ADOPTION OF MANAGEMENT MEASURES AT THE REGIONAL LEVEL; MANAGEMENT PLAN SENT TO THE IMPLEMEN- TING AGREEMENT GOVERNING BODY MPA IDENTIFIED AND DESIGNATED AT THE REGIONAL LEVEL; INCLUSION IN AN INTERNATIONAL LIST MANAGED BY THE GOVERNING BODY IN CHARGE OF THE IMPLEMENTATION OF THE AGREEMENT

Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction 4.The UNCLOS implementing agreement scenario The assumption:  Adoption of an implementing agreeement to UNCLOS  General objectives  Provisional application of the implementing agreement starting immedialty upon its adoption.  Dual approach:  Cooperation, coordination and compliance monitored at the global level to promote consistent progress amongst all regions.

Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction 4. The UNCLOS implementing agreement scenario Step 1: Political, legal, and/or institutional basis for the establishment and management of an MPA in ABNJ: Legal basis: UNCLOS Part XII – Article 192 Article 194 § 5 Article 197 Legal mandate: provisions of the implementing agreement allow the establishment of MPAs in ABNJ.

Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction 4. The UNCLOS implementing agreement scenario Step 2: Process to create or to list an area as MPA in ABNJ: Scientific basis 1. MPA identified and designated at the regional level; 2. Proposal for inclusion in an international list 3. Proposal reviewed 4. Criteria met Inclusion in an international list 5. Compliance with management measures

Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction 4. The UNCLOS implementing agreement scenario Step 2: Process to create or to list an area as MPA in ABNJ: the governing body Sub-scenario 1: Extension of the mandate of ISA Sub-scenario 2: Creation of a new international body Sub-scenario 3: Meeting of the Conference of the Parties with a permanent secretariat

Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction 4. The UNCLOS implementing agreement scenario Step 3: Adoption of management measures Specific mandate for cooperation and coordination contained in the implementing agreement. Management plans and associated conservation and management measures discussed at the regional level Implementation of the management plan reviewed every five years.

Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction 4. The UNCLOS implementing agreement Step 4: Implementation of management measures (including MCS) Financing Establishment of an infringement in the MPA Listing of a non-cooperating State or a non-compliant Party Possibility to have Port State Measures Reporting

Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction 5. Feasibility of the UNCLOS implementing agreement scenario Focus on the negotiating process and on the ratification and implementation of this instrument Need of a clear and strong mandate for the negotiation of the instrument Analysis of the position of the major players/groups Need of a broad acceptance and universal participation to the agreement Potential difficulty to incorporate principles and measures of the implementing agreement into existing instruments

Seminar on Conservation and Sustainable Use of Marine Biodiversity Beyond National Jurisdiction Thank you Institute for Sustainable Development and International Relations 41 rue du Four Paris (France) Elisabeth Druel