ocean governance in the arctic challenges and

„Potsdam Summer School 2014: The Arctic in the Anthropocene“ , 27 June: Thawing Relationships, Melting Structures?

Ocean Governance in the Arctic – Challenges and perspectives

Sebastian Unger

Institute for Advanced Sustainability Studies (IASS), Potsdam


The Arctic Ocean

Source: Eamer et al., 2013, adapted from Darnis et al. 2012


Arctic Large Marine Ecosystems (LMEs)

Source: PAME 2013


Threats to the Marine Environment

Impacts from Climate Change

Increasing pressure from shipping

Oil and gas industry

Fisheries


Threats to the Marine Environment

Climate Change

Source: WBGU , 2006


Threats to the Marine Environment: Shipping

Source: Hugo Ahlenius, UNEP/GRID-Arendal


Threats to the Marine Environment: Shipping

Locations of shipping accidents 1995-2004

Source: AMSA , 2009


Threats to the Marine Environment: Oil and gas

Source: Pew Environment Group, 2010


Global Ocean Governance vs. Arctic regime

ARCTIC COUNCIL

AMAP, PAME, EPPR,

CAFF, SDWG, ACAP


Ocean Governance – provisions in UNCLOS

General duty for States to protect and preserve the marine environment (UNCLOS Article 192 and 194(5))

States shall cooperate, as appropriate on a regional basis, directly or through competent international organisations […](UNCLOS (Article 197))

There are various bodies for ocean governance at the regional level:

Around 18 Regional Seas Conventions and Action Plans with more than 140 participating countries

Approx. 17 Regional Fisheries Management Organisations

Many other regional initiatives (e.g. the Arctic Council, Large Marine Ecosystems)


Sectoral Governance: Shipping

International Maritime Organisation (IMO)

Global Conventions, binding Meassures and Standards

Developing of specific tool (e.g. Polar Code)

Important Conventions/Regional Agreements:

MARPOL - International Convention for the Prevention of Pollution from Ships

The 2011 Arctic Search and Rescue Agreement (Arctic SAR)

The 2013 Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic (Arctic Oil Pollution Agreement)


Sectoral Governance: Oil and gas activities

Lack of global or regional rules that apply to the Arctic as a whole

Arctic Council Guidelines

Regional regulations for part of the Arctic through OSPAR Decisions and Recommendations:

Dumping ban of offshore regulations

Offshore chemicals

Produced water and cuttings piles

Drilling fluids


Sectoral Governance: Fisheries

No „Arctic fisheries agreement“ but global instruments apply:

UN-Fish Stocks Agreement (straddling and highly migratory fish stocks)

FAO Agreements and Action Plans (e.g. IUU fisheries)

And Regional Fisheries Management Organizations for parts of the Arctic:

the North East Atlantic Fisheries Commission (NEAFC)

Northwest Atlantic Fisheries Organization (NAFO)

the North Atlantic Salmon Conservation Organization (NASCO)

And bilateral cooperation, e.g. between Russia and Norway in the Barents Sea


Convention on Biological Diversity

Resolution of Cooperation between the Convention on Biological Diversity and the Conservation of Arctic Flora and Fauna Working Group of the Arctic Council

Ecological and Biological Significant Areas (EBSA): Regional Arctic EBSA workshop in March 2014. The report from the workshop to be considered by SBSTA in June.


Arctic Council

Source: Model Arctic Council

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Arctic Council – PAME Working Group

Protection of the Arctic Marine Environment (PAME):

to address policy and other measures related to the protection of the Arctic marine and coastal environment from both land and sea-based activities.

Arctic Marine Shipping Assessment, 2009 (AMSA)

Arctic Offshore Oil and Gas Guidelines, 2009 (amended in 2013)

The Arctic Ocean Review, 2013 (PAME process to implement recommendations)


Arctic Council – EPPR Working Group

Emergency Prevention, Preparedness and Response Working Group (EPPR):

to address aspects of prevention, preparedness and response to environmental emergencies and oil pollution

Operational guidelines to the Agreement on Cooperation on Marine Oil Pollution Preparedness and Response in the Arctic

International Assistance and Cooperation During a Catastrophic Incident Response, e.g. Emergency Resource Maps for Oil Spill Response

Environmental Risk Matrix


Adavancing Arctic Ocean Governance?

Big vision vs. incremental steps

Call for a comprehensive Arctic Convention

Antarctic Treaty System not comparable. What else?

Continued improvement of existing instruments (soft law vs. hard law)

New sectoral instruments, such as the SAR and Emergency Response examples


Marine Protected Areas - A governance example

Circumploar Protected area network, CAFF

Big gap in coastal waters

Complete blank in the High Seas

Source: CAFF


Extend of EEZs, High Seas and the „Area“


A new global legal instrument?

Proposal to start negotiation of a new legal instrument under UNCLOS, proposed at Rio +20 and process under UN GA

Response to the lack of a global legal framework for areas beyond national jurisdiction:

Designation of Marine Protected Areas,

Environmental Impact Assessments (including cumulative impacts), and

Marine genetic resources - access and benefit sharing


Encouraging examples in Areas Beyond National JurisdictionBNJ

OSPAR MPAs in ABNJ and NEAFC Fisheries Closures

CCAMLR – South Orkney Islands Southern Shelf MPA

Barcelona Convention - Pelagos Sanctuary

Sargasso Sea Alliance


An Arctic High Seas MPA?

Suggestion for an OSPAR MPA in the Arctic High Seas by WWF

Proposed boundaries relate to pelagic waters beyond 200nm of Arctic coastal states, i.e. the High Seas in the Arctic Basin

Source: Sabine Christiansen, WWF (2014)


IASS-Project „Advancing Governance of the High Seas“

Transdisciplinary research process at the IASS:

IASS/IDDRI Kickoff workshop in March 2013 with participants from science, policy and civil society

Results published in Special Section of the Marine Policy Journal (14 Articles)

Conclusions published for decision makers as IASS Policy Brief

Presentation at UN and other relevant forums


Thank you!

Contact:

Sebastian Unger

Institute for Advanced Sustainability Studies (IASS) Berliner Straße 130 14467 Potsdam, Germany [email protected]


Regional Seas Conventions and Action Plans

Ban et al. (2013)


Regional Fisheries Bodies

200nm limit

Non-Tuna Regional Fisheries Management Organizations

Conv. on Cons. of Antarctic Marine Living Resources

Conv. on Cons. & Mgmt of Pollock Resources in the Central Bering Sea

General Fisheries Council for the Mediterranean

International Pacific Halibut Commission

Northwest Atlantic Fisheries Organization (NAFO)

North East Atlantic Fisheries Commission (NEAFC)

North Pacific Anadromous Fish Commission

South East Atlantic Fisheries Organization (SEAFO)

South Indian Ocean Fisheries Agreement (SIOFA)

South Pacific Regional Fisheries Mgmt Org

Southwest Indian Ocean Fisheries Commission

Ban et al. (2013)

ocean governance in the arctic challenges and

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