Marine Resources - Law, Economics and Sustainable Development Dr Marine Resources - Law, Economics and Sustainable Development Dr.Colin Barnes, Fellow, C-EENRG şş © Colin Barnes, Spanish purse seiner, Victoria, Seychelles April th 2016

Marine Resources – Law, Economics and Sustainable Development TUNA LEADING TO BROADER ISSUES - THE CASE OF EU MARINE RESOURCE/FISHERIES PARTNERSHIP AGREEMENTS/SFPAs

Marine Resources – Law, Economics and Sustainable Development THE STAKEHOLDERS: Developed countries (EU, USA, SE and East Asian countries). Their interests food security, trade, processing. Developing countries Western Indian Ocean coastal and island states. Regional Fisheries Management Organisations (RFMOs), Indian Ocean Commission, SWIOFC, IOTC. WTO, UNEP, ITLS

Marine Resources – Law, Economics and Sustainable Development THE RESEARCH Is based on work that I have carried out with the Indian Ocean Commission, the EU and the private sector and the World Wildlife Fund (WWF). A programme of fieldwork and the use of questionnaires in Kenya, Mauritius, Mozambique, Seychelles and the United Republic of Tanzania in March and April 2015 together With a comprehensive review of legal, economic and environmental articles. Reference: Barnes, C.T. (2015). Law, Economics and Sustainable Development in the Negotiation of EU Fishing Agreements. Master’s dissertation, POLIS and Law.

Marine Resources – Law, Economics and Sustainable Development the Regional Context

Within the SWIO there are major differences in the size of Exclusive Economic Zones (EEZs) EEZs= Power?

Marine Resources – Law, Economics and Sustainable Development RESEARCH Why do countries sign bilateral fishing/natural resource agreements? And some do not? SFPAs are in principle more transparent than the private licencing of fishing vessels with EU (reflagged) and Asian countries.

Marine Resources – Law, Economics and Sustainable Development (SD) The aims of the research are: To establish to what extent law, economics are compatible with the SD of marine resources. To what extent are the different layers of law: international, regional state and other laws are compatible and to what extent can they support economic and social development in developing countries? The legal and economic frameworks of a key player Are EU sustainable fisheries partnership agreements (SFPAs) coherent? Development versus other stated aims: partnerships with Africa, Caribbean and Pacific) ACP countries

Marine Resources – Law, Economics and Sustainable Development The other stated aims of the EU DG MARE – economic and social development, poverty reduction, the development of joint ventures, technology transfer with what results?? To what extent are EU Sustainable Fisheries Partnership Agreements (SFPAs) compatible with local fishing fleets? How important are issues of equity and asymmetrical negotiations in natural resource agreements between developed and developing countries (Morgera, E. at Edinburgh Law School).

Marine Resources – Law, Economics and Sustainable Development EU SFPAs have been signed by a number African, Pacific and Caribbean (ACP) countries – the ex-colonies of EU countries, notably France, Portugal and Spain The EU pays access fees and tonnage payments some of which are borne by the fishing company BUT there is the issue of subsidies by the EU for access to EEZs (WTO rules on subsidies?). Critiques of SFPAs – CFFA, European Parliament, other writers and academics, but they are more transparent than other private arrangements?

Marine Resources – Law, Economics and Sustainable Development THE ISSUE OF SUBSIDIES – NATURAL RESOURCES AND DEVELOPING COUNTRIES Developing countries have economies which do not benefit from the level of subsidies which the fishing fleets of the EU, China, Japan, the USA, Russia and Indonesia receive. Subsidies for fishing, processing etc. Including subsidies to fishing fleets, processing facilities The WTO negotiations have not reached a consensus on subsidies in the fisheries sector. Target 14.6 of UN Sustainable Development Goals

Marine Resources – Law, Economics and Sustainable Development THE ISSUE OF SUBSIDIES – NATURAL RESOURCES AND DEVELOPING COUNTRIES Is the WTO really interested in protecting the interests of low income countries?

Marine Resources – Law, Economics and Sustainable Development LEGAL ISSUES (hard and soft law) International law (IL) UNCLOS (1982), Straddling stocks (trans boundary issues) (1982), Compliance Agreement (1993), Port State Measures (2009), CBD, WTO State Laws Coherence with international law Regional law New institutions – EAC, COMESA, IOTC, IOC: transposition into EU legislation; IUU fishing (EC Reg 1005/2008. Art. 38 (9). Other External Law EU law compatibility with international and state laws of the case study countries?

Marine Resources – Law, Economics and Sustainable Development LEGAL ISSUES The coherence between international, regional, state law and for EU relations the external legal and economic policies of the EU in the case of fisheries, the Common Fisheries Policy (CFP) and EU external relations and law – Fragmentation of law (Benvenisti and Downes: 2007) The concept of equity in the natural resource agreements between developed and developing countries. Equity and poverty reduction are key principle of sustainable development law (incorporation in treaties e.g. UNFCCC (climate change). The precautionary principle.

Marine Resources – Law, Economics and Sustainable Development ECONOMIC ISSUES To what extent do the countries which have agreements with the EU or private licence agreements e.g. with Asian fishing association benefit from the extraction of marine resources within their EEZs Do the layers of law from international to state contribute to economic and sustainable development? Value added and processing goes offshore to the EU countries, USA etc. Madagascar, Mauritius, Seychelles.

The Financial rate of return Licence Fees and Nominal catch values

Marine Resources – Law, Economics and Sustainable Development GOVERNANCE The effective management of marine resources in the WIO is difficult because of Different legal regimes and coherence between these regimes Politics – the problems of policy and legal harmonisation between coastal and island states. The plethora of institutions at the international, regional and state levels: EU, WTO, UNEP, SWIOFC, SIOFA, IOTC, Indian Ocean Commission, World Bank, AfDB… Monitoring, Control and Surveillance (MCS) of vessels.

Marine Resources – Law, Economics and Sustainable Development GOVERNANCE The governance of marine and other natural resources in the WIO is difficult because of the overlapping of institutions: At the international level: WTO, UNEP, ITLOS, ICJ External agreements: EU DG MARE, EU DG At the regional level: IOTC, SWIOC, IOC. At the state level: Ministries and policy makers, laws and regulations of sovereign states.

Marine Resources – Law, Economics and Sustainable Development GOVERNANCE The degree of transparency in EU and other fishing agreements. The issue of IUU fishing.

CONTESTED RESOURCES AND EEZs

Marine Resources – Law, Economics and Sustainable Development CONTESTED RESOURCES AND EEZs The main contested resources currently and possibly in the future are marine resources/fisheries, oil and gas. The numerous inter regional counter claims on EEZs. Comoros claims on other French territory. Seychelles claims on French territory Seychelles claims on BIOT.

Marine Resources – Law, Economics and Sustainable Development Mauritius claims British Indian Ocean Territory (BIOT) Chagos issue. Mauritius claims on French territory Madagascar claims on French territory Comoros claims Mayotte (a French département formerly part of Comoros pre-independence from France)

Marine Resources – Law, Economics and Sustainable Development – Economic and Legal Issues and contested marine space.

Marine Resources – Law, Economics and Sustainable Development The potential issues here are: Security and maritime transport – Mozambique Channel and piracy The results of seabed exploration in the contested EEZs – there are on- going explorations off Kenya, Tanzania, Madagascar Targeting high value fisheries resources i.e. tuna and tuna like species Potential and current trans boundary issues: fishing, oil and gas and other marine resources.

Marine Resources – Law, Economics and Sustainable Development QUESTION?? TO WHAT EXTENT CAN INTERNATIONAL REGIONAL AND LOWER LEVELS OF LAW CONTRIBUTE TO ECONOMIC AND SOCIAL DEVELOPMENT AND THE EQUITABLE USE OF NATURAL RESOURCES IN LOW INCOME COUNTRIES? IS THERE A BALANCE?