Global Governance of the Earth’s Oceans Laws and agreements WJEC Focus 3.2.6 Eduqas Focus 2.2.6 Global Governance of the Earth’s Oceans Laws and agreements

Which laws and agreements regulate the use of oceans? Learning objectives: To understand the main laws and agreements regulating the use of the Earth’s oceans in ways that promote sustainable economic growth and geopolitical stability. Starter: What do you understand by the term ‘sovereignty’? the authority of a state to govern itself or another state

Which laws and agreements regulate the use of oceans? Find out more: Watch the video below to start finding out about the laws that govern international waters. https://www.youtube.com/watch?v=mALhZGbopR8 A Chinese coast guard ship in disputed waters in the South China Sea.

Which laws and agreements regulate the use of oceans? Follow up: Watch the video again, but this time, answer the following questions. https://www.youtube.com/watch?v=mALhZGbopR8 Questions What are international waters (high seas)? How many miles off the coast do territorial waters extend? Which zone extends 200 nautical miles (NM) from the shore? What does the EEZ apply to? What does UNCLOS stand for? What is ‘universal jurisdiction’? Under what circumstances might universal jurisdiction be useful? Why is there an ongoing dispute regarding the South China Sea?

Which laws and agreements regulate the use of oceans? UNCLOS – United Nations Convention on the Law of the Sea Since the 17th century, the principle of limiting the rights of a country to a narrow belt (3 nautical miles) around their coastline has been accepted. The remainder of the oceans were free for all to use. However, during the 20th century, concerns were growing around the pressures and potential conflicts regarding the use of the oceans’ resources. Between 1945 and 1967, a number of countries, including the USA, Chile, Argentina and Egypt made changes to their claims regarding the waters around them, mainly to exploit or protect minerals and fish stocks. Question: What is the difference between a statute mile and a nautical mile? 1 nautical mile = 1.1508 statute miles

Which laws and agreements regulate the use of oceans? There were many concerns that technological advances, political disputes, claims and counter-claims regarding ocean resources were reaching crisis point. By 1967, only 25 nations still adhered to the 3 NM principal. During this period, the UN held several conferences to develop treaties which stipulated rights and responsibilities with respect to the use of the world’s oceans. Delegates at UNCLOS I (source: www.legal.un.org) The first of the conferences were held in 1956, resulting in four treaties being agreed in 1958, known as UNCLOS I.

Which laws and agreements regulate the use of oceans? A second conference was held in 1960 (UNCLOS II), but no new agreements were reached. In 1967, Arvid Pardo, Malta's Ambassador to the United Nations, made an electrifying speech to the General Assembly. He called for international regulations to ensure peace at sea, to prevent further pollution and to protect ocean resources. A comprehensive treaty was discussed between 1973 and 1982 (UNCLOS III), where 160 sovereign states bargained, argued and traded rights and obligations regarding the waters around their nations and states. This conference adopted the United Nations Convention on the Law of the Sea on the 10th December 1982. The law was signed by 117 nations and came into force in 1994.

Which laws and agreements regulate the use of oceans? The United Nations Convention on the Law of the Sea contains twelve key provisions: Setting limits Navigation Exclusive Economic Zone (EEZ) Continental shelf Deep seabed mining The exploitation regime Technological prospects The question of universal participation in the convention Pioneer investors Protection of the marine environment Marine scientific research Settlement of disputes The convention also sets the limit of various areas which lie in proximity of coastal states. These areas are measured from a carefully defined baseline (mean low water mark along the coast).

Which laws and agreements regulate the use of oceans? Zone Distance from baseline Significance of zone Internal waters Landward of baseline Coastal states have the right to set laws and use resources. Foreign vessels have no right of passage. Territorial waters Up to 12 NM This area includes the airspace above water and the land below the sea. Foreign flag ships have the right of innocent passage*. However, submarines must travel on the surface. Contiguous zone Up to 24 NM In this area coastal states have the rights to waters and airspace for the purposes of enforcing immigration, customs laws, taxation and immigration. Exclusive economic zones (EEZs) Up to 200 NM Coastal states have the exploitation rights to all natural resources. Foreign nations have rights to waters and airspace, subject to agreements, and can lay submarine pipes and cables. Continental shelf Up to 350 NM Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others. * Innocent passage exists as long as the passage does not affect good order, peace and security of the sovereign state.

Which laws and agreements regulate the use of oceans? Land Internal Waters Baseline – mean low water mark Continental shelf Where do you think these labels should appear on the map? Land Internal waters Baseline – mean low water mark Continental shelf Click the Labels button to reveal? Labels

Which laws and agreements regulate the use of oceans? Land Internal Waters Baseline – mean low water mark Continental shelf C Exclusive Economic Zone – up to 200 nautical miles Which letter on the map matches each of these statements? Click on each statement to reveal. D International waters (outside Territorial waters) A Territorial waters – up to 12 nautical miles B Contiguous Zone - up to 24 nautical miles

Which laws and agreements regulate the use of oceans? Territorial waters Up to 12 nm B Contiguous zone Up to 24 nm C Exclusive economic zones (EEZs) Up to 200 nm D Continental shelf Up to 350 nm More detail on these zones can be found on the NOAA website here: http://www.gc.noaa.gov/gcil_maritime.html

Which laws and agreements regulate the use of oceans? Part XI and 1994 agreement The International Seabed Authority (ISA) was established by the UNCLOS in order to regulate and control seabed exploration and mining outside territorial waters and Exclusive Economic Zones (EEZ). Question: What rights do landlocked countries have under UNCLOS? According to Article 125 of UNCLOS: Land-locked States shall have the right of access to and from the sea through the territory of transit States by all means of transport. The terms for exercising freedom of transit shall be agreed between the land-locked States and transit States.Transit States shall have the right to take all measures necessary to ensure that the rights and facilities provided for land-locked States shall in no way infringe their legitimate interests. Question: Do you think all landlocked states enjoy these freedoms?

Which laws and agreements regulate the use of oceans? Sustainable Development Goals The UN’s seventeen Sustainable Development Goals were introduced in 2015. They replace and extend the earlier Millennium Development Goals (MDGs) which were a set of targets agreed in 2000 by world leaders. The SDGs provide a ‘roadmap’ for human development by setting out priorities for action. There is a strong emphasis on helping protect the oceans thanks to Goal 14: Goal 14 – Life below water Conserve and sustainably use the oceans, seas and marine resources Watch this clip: https://www.youtube.com/watch?v=N3nnyj998BI

Which laws and agreements regulate the use of oceans? What are the primary aims of Sustainable Development Goal 14? To significantly reduce marine pollution of all kinds – particularly from land based activities To sustainably manage and protect marine and coastal ecosystems to avoid significant adverse impacts To minimise and address the impacts of ocean acidification through scientific cooperation To effectively regulate harvesting and end overfishing and destructive fishing practices To restore fish stocks in the shortest time feasible, to levels that can produce maximum sustainable yield To prohibit certain forms of fisheries subsidies which contribute to overfishing, unregulated and illegal fishing To increase the economic benefits to developing countries from the sustainable use of marine resources To provide access for small-scale artisanal fishers to marine resources and markets Further information relating to SDG 14 can be viewed via the UN website here: http://www.un.org/sustainabledevelopment/oceans/

Which laws and agreements regulate the use of oceans? The Convention on International Trade in Endangered Species Introduction: Watch this clip: https://www.youtube.com/watch?v=rIYC6iIoevM Questions When was the CITES agreement signed? What was the agreement designed to cover? The agreement looks for a balance between what things? Trade covered by CITES in the1970s mainly concerned leathers, skins and plants. However, today it also includes what kinds of products? In 2010, how many species did the CITES agreement cover?

Which laws and agreements regulate the use of oceans? The Convention on International Trade in Endangered Species Watch this clip: https://www.youtube.com/watch?v=i9eHLhq5zgk Questions What is the objective of CITES? What makes CITES unique? What are some of the challenges facing CITES? What partnerships does CITES have? How does CITES work with other MEAs? Glossary: MEAs – Multilateral Environmental Agreements

Which laws and agreements regulate the use of oceans? The Convention on International Trade in Endangered Species Commonly known as CITES, The Convention on International Trade in Endangered Species of Wild Fauna and Flora is an international agreement which came into force in 1975, after being originally drafted in 1963. Currently 183 countries have signed up to the agreement. Although taking part is voluntary, the countries who have signed up are legally obliged to implement the convention in their own countries. At the time of the draft in 1963, the idea of regulating the wildlife trade on an international basis was a new concept. As the trade in wildlife is often international, there was a desire amongst many to co-ordinate and regulate this trade in order to protect and conserve threatened species and ensure sustainability.

Which laws and agreements regulate the use of oceans? CITES is run using a licensing system whereby the import and export of all species listed in the agreement must be authorised. All those species covered are listed in three appendices, according to the level of protection and control required. Appendix 1 – Trade is only permitted in exceptional circumstances, as these species are threatened with extinction. Appendix 2 – Trade in these species is controlled, although these species are not threatened with extinction. Appendix 3 – Species protected in one or more countries. CITES website https://cites.org/

Which laws and agreements regulate the use of oceans? Can CITES come to nature’s rescue? https://www.youtube.com/watch?v=jznps4qyxi4 Is it fair that countries like Tuvalu have not been forced to sign up? Does the issue of Bluefin tuna and Japan (highlighted at 03:07 in the programme), illustrate that CITES is set up to fail? Should all countries be forced to join? Illegally caught Bluefin tuna on sale in Japan

Which laws and agreements regulate the use of oceans? Additional information and resources: Other presentations regarding UNCLOS, maritime zones and jurisdictions can be viewed here: http://www.slideshare.net/justinordoyo/united-nations-convention-on-the-law-of-the-sea-unclos http://www.slideshare.net/roesroesmana/maritime-zone-and-jurisdiction Sample essay Will UNCLOS I-III reduce the likelihood of conflict? http://www.slideshare.net/BenMoss12/unclos-essay

Which laws and agreements regulate the use of oceans? Sources: http://www.un.org/Depts/los/convention_agreements/convention_historical_perspective.htm#Key provisions http://www.un.org/Depts/los/convention_agreements/convention_overview_convention.htm https://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Law_of_the_Sea http://www.gc.noaa.gov/gcil_los.html http://www.gc.noaa.gov/gcil_maritime.html https://cites.org/eng http://www.slideshare.net/isitokayyoumine/unclos-33376367 http://dev.ulb.ac.be/ceese/ABC_Impacts/glossary/unclos.php https://docs.google.com/document/d/1DUkQ1wE2--6xeKO2gq733DsfnVFvN1nEtn_B3U-ii54/edit

Acknowledgements Slide 3 Chinese coast guard ship in Vietnamese waters (p. 3) - HOANG DINH NAM / Getty Images Slide 6 Delegates at UNCLOS I - 1 March 1958 - United Nations Conference on the Law of the Sea, meeting of the Fifth Committee, Geneva, Switzerland. Slide 7 Creative Commons https://upload.wikimedia.org/wikipedia/commons/6/6a/Arvid_Pardo.png Continental Europe at English Wikipedia [GFDL (http://www.gnu.org/copyleft/fdl.html) or CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons https://upload.wikimedia.org/wikipedia/commons/3/37/Arvid_Pardo_painting.jpeg Continental Europe at English Wikipedia [GFDL (http://www.gnu.org/copyleft/fdl.html) or CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons Slide 10 Territorial waters map - © Arctic Portal; http://bit.ly/2rkUmyq Slide 18 Creative Commons https://www.flickr.com/photos/davidooms/2963247173/sizes/l/in/photostream/