Oceanic Fisheries Management Project II – Project Design Consultation FAO TCP Project proposal on addressing climate change impact on Pacific SIDS jurisdictional claims Oceanic Fisheries Management Project II – Project Design Consultation 8 March 2013 Noumea, New Caledonia

“Jurisdictional claims project” Project name: Assessment and development of national and regional options and strategies to address jurisdictional implications of climate change and related capacity building “Jurisdictional claims project”

Design and approach Typical FAO TCP Project – decentralized formulation and operated – HQ technical backstopping Integral part of OFMP II – but can be implemented as an autonomous complementary project Falls under climate change - impact on jurisdictional claims Focus on legal options/responses to climate change through a strategic approach and capacity building

Output 1.2.2 of Project Framework Assessment of sea level rise/climate change impacts on fisheries jurisdictions conducted in coordination with related initiatives and related training carried out for 14 Pacific SIDS

Background and considerations Certainty, clarity and consistency in jurisdictional claims = effective implementation of instruments and management Baselines that are based on physical features/land marks when inundated due to sea level rise could affect 200 EEZ No explicit reference in international law/UNCLOS on continued validity of claims (Int’l law is silent)

Legal Boundaries of the Oceans and Airspace This graphic is in your readings, and it summarizes the various air and sea boundaries which affect the planning and conduct of military operations. Note that all of the maritime boundaries are measured from a "baseline" on the left side of the slide. Determining where each nation's baselines may be located is therefore very important in determining how far out to sea its sovereignty [territorial sea and national airspace] and sovereign rights [exclusive economic zone] extend.

As illustrated by this slide, a nation is permitted to use straight baselines where the coastline is deeply indented, or there is a fringe of islands along the coast “in its immediate vicinity.” The Conventions specifies that “the drawing of straight baselines must not depart to any appreciable extent from the general direction of the coast, and the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to the regime of internal waters.” (Art 7(3)) Where a nation has an "unstable coastline" as the result of a river delta, it may also draw a straight baseline across the most seaward portion of the delta.

Key components Budget: US$500,000 Objectives: enhance understanding and recognition in Pacific SIDS region of full import of physical and jurisdictional implications of SLR directly lead to development and endorsement of a Regional Strategy (policy and legal) and approaches and options for recognition and preservation of Pacific SIDS jurisdictional claims

Key components Activities Outputs National consultations Regional consultation formulation of strategies Capacity building Outputs Regional Strategy national strategies Enhanced understanding/capacities developed

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