This multi-regional webinar explores how we design and finance the institutional architecture necessary to deliver on Capacity-Building and Technology Transfer (CBTMT) package of the BBNJ agreement.
The BBNJ Agreement’s financial mechanism, including the Special Fund, is vital for supporting implementation, especially in developing countries and SIDS. However, key challenges remain, such as ensuring long-term funding, coordinating with the GEF Trust Fund, and designing inclusive, accessible governance structures. To be effective, the mechanism must provide predictable resources, support capacity-building, and promote coordination with other international frameworks.
The use of distributive equity principles in fisheries negotiations is increasing.
This study showed that using these principles might have unintended consequences. We suggest that high seas fisheries should be subjected to greater catch reductions. A combination of different principles could be the most equitable approach.
This paper explores the responsibilities and challenges of SIDS, particularly SIDS flag States, under the BBNJ Agreement and provides targeted recommendations in the lead-up to the first Conference of the Parties (COP), including strengthening legal frameworks, securing sustained support, and enhancing cooperation.
This paper examines varying approaches to SIDS recognition in international instruments and proposes pragmatic strategies for embedding SIDS considerations within the terms of reference, rules of procedure, and working modalities of the Agreement’s subsidiary bodies.
Ocean governance has long been criticized for its fragmentation. The BBNJ Agreement aims to foster cooperation and coherence across regimes, but operationalizing this interaction presents significant challenges. This paper analyzes the complex landscape of regime interaction to support States in developing strategic negotiating positions for effective BBNJ implementation.
Engaging with diverse worldviews, including Indigenous knowledge, often brings discomfort—a sign of growth and learning. This publication explores common emotions at this intersection and how embracing discomfort fosters deeper understanding and co-governance with integrity.
Territories are often overlooked in fisheries management. These regions are of strategic importance for their metropolitan States. Territories face equity challenges in tuna management organisations. More work is required to ensure their equitable integration in resource extraction.
With low ratification of the Work in Fishing Convention, companies turn to private certifications for crew welfare. But do they work? A case study of PNG’s tuna sector highlights key gaps and the need for stronger governance.
Ensuring inclusivity, especially the meaningful participation of diverse actors, is a key component of good governance. However, existing ocean governance frameworks have not yet achieved an equitable and fair playing field and are indeed often characterized by inequitable practices. In this perspective piece, we argue that one of the reasons for this lack of inclusion are the existing power frameworks and ways in which power is exercised within fora nominally intended to foster inclusion and cooperation.
Some forty years ago, the UN Convention on the Law of the Sea 1982 (UNCLOS) created an unusual regime for states to collectively manage common natural resources on the international seabed beyond national jurisdiction (known as “the Area”) through the International Seabed Authority (ISA). In the intervening years, scientists have increasingly been warning about the serious environmental risks of mining seabed minerals. At this pivotal point in time, when states are negotiating whether or not to allow seabed mining, this essay explores the risk of undermining by mining, that is, contravening international marine environmental law and the obligations and responsibilities of states thereunder by allowing commercial mining activities to commence.
Ownership over the deep seabed and its mineral riches was unsettled until well into the twentieth century. Yet, by the 1960s, a remarkable spirit of universalism prevailed. States declared the deep seabed to be the common heritage of [hu]mankind, determining that its exploitation and protection would require collective management.
In this paper, authors developed an innovative approach that would support members of tuna regional fisheries management organisations (tRMFOs) to reduce placing a disproportionate burden on developing state members.
In this paper, authors analysed the conservation and management measures of RFMOs that include exemptions from catch, effort and capacity limits and found that they are used most commonly in the Western and Central Pacific Fisheries Commission. They argue that the use of exemptions due to the failure of RFMOs to adopt equitable allocation frameworks has the potential to negatively impact marine resources and their development opportunities. Instead, alternatives, such as equitable allocations of science-based catch and effort limits, transferability and phased adjustments, should be developed.
In this paper, authors analysed the conservation and management measures of RFMOs that include exemptions from catch, effort and capacity limits and found that they are used most commonly in the Western and Central Pacific Fisheries Commission. They argue that the use of exemptions due to the failure of RFMOs to adopt equitable allocation frameworks has the potential to negatively impact marine resources and their development opportunities. Instead, alternatives, such as equitable allocations of science-based catch and effort limits, transferability and phased adjustments, should be developed.
This wholly new edition of the Handbook provides an authoritative examination of international law relating to the protection of the marine environment.
In this paper, authors analysed the conservation and management measures of RFMOs that include exemptions from catch, effort and capacity limits and found that they are used most commonly in the Western and Central Pacific Fisheries Commission. They argue that the use of exemptions due to the failure of RFMOs to adopt equitable allocation frameworks has the potential to negatively impact marine resources and their development opportunities. Instead, alternatives, such as equitable allocations of science-based catch and effort limits, transferability and phased adjustments, should be developed.
The study, led by Katy Seto and published in Science Advances, found that squid fishing vessels fished largely (86%) in unregulated areas, equating to 4.4 million total hours of fishing time between 2017-2020. While unregulated fishing is not necessarily illegal, it presents challenges for fisheries sustainability and resource equity, and has been connected to questionable human rights and labor practices.
The impacts of deep seabed mining on people have not been sufficiently researched or addressed. Using a legitimacy framework, authors discuss the social-equity dimensions of this emerging industry in the ocean commons.
Deep-seabed mining in the Area is regulated by the International Seabed Authority (ISA) which is mandated to act on behalf of humankind as a whole. Consistent with international environmental law and human rights norms, in its decision making the ISA is expected to engage with its broad constituency. Using ten assessment criteria, this paper analyses the extent to which the ISA has facilitated public participation to date.
The establishment of thresholds is integral to environmental management. This paper introduces the use of thresholds in the context of deep-seabed mining, a nascent industry for which an exploitation regime of regulations, standards and guidelines is still in the process of being developed, and for which the roles and values of thresholds have yet to be finalised.
Tuna regional fisheries management organizations (RFMOs) have long suffered from the domination of distant water fishing nations (DWFNs) in decision-making processes. The Indian Ocean Tuna Commission (IOTC) is no exception. In recent years, coastal states of the Indian Ocean (IO) have tried to change this dynamic – led by countries like the Maldives, Kenya, South Africa, and Australia – to deliver greater benefits to the region, including East Africa.
Tuna regional fisheries management organizations (RFMOs) have long suffered from the domination of distant water fishing nations (DWFNs) in decision-making processes. The Indian Ocean Tuna Commission (IOTC) is no exception. In recent years, coastal states of the Indian Ocean (IO) have tried to change this dynamic – led by countries like the Maldives, Kenya, South Africa, and Australia – to deliver greater benefits to the region, including East Africa.
Climate change is predicted to alter the distributions of tropical tuna stocks in the Pacific Ocean. Recent modelling projects significant future shifts in tuna biomass from west to east, and from national jurisdictions to high seas areas. As the distributions of these stocks change, the relevant regional fisheries management organisations (RFMOs)—the Western and Central Pacific Fisheries Commission (WCPFC) and the Inter-American Tropical Tuna Commission (IATTC)—will need to develop an expanded framework for cooperation and collaboration to fulfil their conservation and management responsibilities under international law.
With a new international agreement on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ Agreement) on the horizon, now is the time to start laying the foundation for successful implementation. This paper provides some initial reflections for supporting rapid, effective, and equitable implementation of the BBNJ Agreement in three priority areas
Climate-driven redistribution of tuna threatens to disrupt the economies of Pacific Small Island Developing States (SIDS) and sustainable management of the world’s largest tuna fishery.
Capacity development is a major priority in the United Nations Decade of Ocean Science for Sustainable Development (the Decade). Persistent disparities in ocean science capacity illustrate the substantial challenges to achieving the Decade’s stated goal of eradicating inequality.
The focus on flag States for the purpose of attributing fisheries catch is inconsistent with the assignment of sovereign rights to coastal States under international law and undermines equity in contemporary quota allocation negotiations.
Few States are able to undertake scientific research in the half of the planet that lies in marine areas beyond national jurisdiction. Capacity building is therefore a key part of the development of a new international legally binding instrument for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, under the United Nations Convention on the Law of the Sea (BBNJ Agreement).
Harmful fisheries subsidies have historically contributed to fleet overcapacity and continue to be allocated to the fishing industry to artificially maintain its profitability.
The adoption of effective fisheries conservation and management measures (‘CMM’) represents a critical stage in the process of sustainably managing global fishing stocks.
International and regional organisations promote transparency on the basis that it can improve the sustainability of fisheries, yet the processes involved, and the outcomes of transparency initiatives, are often opaque and misunderstood.
The focus on flag States for the purpose of attributing fisheries catch is inconsistent with the assignment of sovereign rights to coastal States under international law and undermines equity in contemporary quota allocation negotiations.
Globally, fisheries continue to face a range of pressures that can be addressed by more effective national, regional, and international fisheries governance.
What is currently hundreds of metres down below the ocean floor could soon be found in our electronics and on construction sites. The desire to explore the deep ocean for minerals, such as copper, cobalt, and manganese is not new, but only now are companies pushing for commercial-scale mining.
The pelagic fisheries beyond the continental shelves are currently managed with a range of tools largely based on regulating effort or target catch.
The Korean tuna fishing fleet has a long history of participation in the tuna fisheries of the Western and Central Pacific Ocean (wcpo), the largest tuna fisheries in the world.
Fisheries for highly migratory fish stocks are complex, featuring multiple species targeted by different gear types across several national jurisdictions and high seas areas. They require effective cooperation to manage sustainably, typically through a regional fisheries management organisation (RFMO).
The UN Law of the Sea Convention (LOSC) and one of the implementing agreements of the Convention—the UN Fish Stocks Agreement (UNFSA)—mandates all states to cooperate in the management of highly migratory and straddling fish stocks.
Advancements in new technologies open up new ocean industries and possibilities to explore the ocean
In 2020 the management of transboundary fisheries was severely impacted by the global COVID-19 pandemic. Most annual meetings of regional fisheries and marine management organizations were held virtually, postponed, or cancelled.
This report aims to accelerate climate change adaptation implementation in fisheries management throughout the world. It showcases how flexibility can be introduced in the fisheries management cycle in order to foster adaptation, strengthen the resilience of fisheries, reduce their vulnerability to climate change, and enable managers to respond in a timely manner to the projected changes in the dynamics of marine resources and ecosystems.
The global COVID-19 pandemic is impacting on the fisheries sector and posing significant challenges for the management of transboundary fisheries. Due to travel bans and border closures, regional organizations are not able to hold face-to-face meetings.
Provides the first authoritative, scientific overview of natural capital in the deep ocean, both from a global and regional perspective
The International Seabed Authority (ISA) is the only governing body responsible for issuing exploration and mining rights for areas of the ocean floor that are beyond national jurisdiction.
Resource allocation is a fundamental and challenging component of common pool resource governance, particularly transboundary fisheries. We highlight the growing importance of allocation in fisheries governance, comparing approaches of the five tuna Regional Fisheries Management Organizations (tRFMOs).
This volume examines environmental law and governance in the Pacific, focusing on the emerging challenges this region faces.
Large-scale marine protected areas (LSMPAs) have proliferated in recent years, now accounting for most of the world’s MPA coverage
The international seabed ‘Area’ and its mineral resources are the common heritage of mankind and must be administered for the benefit of humankind as a whole.
Illegal, unreported, and unregulated fishing threatens resource sustainability and equity. A major challenge with such activity is that most fishing vessels do not broadcast their positions and are “dark” in public monitoring systems.