Research Papers
Recent Research Papers
The Use of Influential Power in Ocean 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.
Undermining by Mining? Deep Seabed Mining in Light of International Marine Environmental Law
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.
On the Cultural Stakes of Deep Seabed Mining
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.
Policy pathways to reduce disproportionate burdens in tuna fisheries
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.
Fact or fiction? Unpacking the terminologies used in fisheries allocation discussions
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.
Untangling Jurisdictional Complexities for Crew Labour Regulations on Fishing Vessels in the Western and Central Pacific
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.
Research Handbook on International Marine Environmental Law
This wholly new edition of the Handbook provides an authoritative examination of international law relating to the protection of the marine environment.
The Unintended Consequences of Exemptions in Conservation and Management Measures for Fisheries Management
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.
Fishing through the cracks: The unregulated nature of global squid fisheries
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.
Deep Seabed Mining Lacks Social Legitimacy
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.
Public Participation in the Governance of Deep-Seabed Mining in the Area
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.
Thresholds in Deep-seabed Mining: A Primer for Their Development
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.
Increasing Industry Involvement in International Tuna Fishery Negotiations
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.
David against Goliath? The rise of coastal states at the Indian Ocean Tuna commission
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.
Enhancing cooperative responses by regional fisheries management organisations to climate-driven redistribution of tropical Pacific tuna stocks
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.
Getting beyond yes: fast-tracking implementation of the United Nations agreement for marine biodiversity beyond national jurisdiction
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
Pathways to sustaining tuna-dependent Pacific Island economies during climate change
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 in the Ocean Decade and beyond: Key questions about meanings, motivations, pathways, and measurements
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.
Who Gets the Catch? How Conventional Catch Attribution Frameworks Undermine Equity in Transboundary Fisheries
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.
How can a new UN ocean treaty change the course of capacity building?
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).
Strengthening European Union fisheries by removing harmful subsidies
Harmful fisheries subsidies have historically contributed to fleet overcapacity and continue to be allocated to the fishing industry to artificially maintain its profitability.
Transparency in fisheries conservation and management measures
The adoption of effective fisheries conservation and management measures (‘CMM’) represents a critical stage in the process of sustainably managing global fishing stocks.
Can Greater Transparency improve the Sustainability of Pacific Fisheries?
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.
Toward transparent governance of transboundary fisheries: The case of Pacific tuna transshipment
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.
Transparency in fisheries governance: achievements to date and challenges ahead
Globally, fisheries continue to face a range of pressures that can be addressed by more effective national, regional, and international fisheries governance.
Equity Dilemmas from Seabed Mining in the Pacific
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.
Area-based management of blue water fisheries: Current knowledge and research needs
The pelagic fisheries beyond the continental shelves are currently managed with a range of tools largely based on regulating effort or target catch.
Tuna Fisheries Conservation and Management in the Pacific Islands Region
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.
Mapping interests in the tuna fisheries of the Western and Central Pacific Ocean
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).
Common but differentiated rights and responsibilities in tuna fisheries management
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.
New technology, equity and the law of the sea
Advancements in new technologies open up new ocean industries and possibilities to explore the ocean
Regional fisheries management: COVID-19 calendars and decision making
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.
Adaptive management of fisheries in response to climate change
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.
Regional fisheries management: Virtual decision making in a pandemic
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.
The Legal Framework for Resource Management in the Deep Sea
Provides the first authoritative, scientific overview of natural capital in the deep ocean, both from a global and regional perspective
Template National Sponsorship Law for Seabed Mining Beyond National Jurisdiction
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 in transboundary tuna fisheries: A global analysis
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).
Mining in the Pacific: Principles and Practices for Environmental Regulation
This volume examines environmental law and governance in the Pacific, focusing on the emerging challenges this region faces.
Policy interactions in large-scale marine protected areas
Large-scale marine protected areas (LSMPAs) have proliferated in recent years, now accounting for most of the world’s MPA coverage
Benefitting from the Common Heritage of Humankind: From Expectation to Reality
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.
Illuminating dark fishing fleets in North Korea
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.
Going Big in the Pacific – Large-Scale Marine Protected Areas in the Pacific Ocean
The definition of large-scale marine protected areas in the Pacific Ocean is fundamental to the achievement of global marine conservation targets.
Strategic environmental planning for deep seabed mining in the Area
Discussions about an environmental management strategy for deep seabed mining in the Area have been underway for a number of years.
EIA Procedure in ISA Draft Exploitation Regulations
Due to technological advances, mining the deep ocean floor is becoming a reality, with potential consequences for the sea’s ecosystems.
Effects and effectiveness of lethal shark hazard management: The Shark Meshing (Bather Protection) Program, NSW, Australia
Shark attack’ presents a considerable social-environmental challenge. Each year a small number of people are injured or killed by shark bite.
Drifting fish aggregating devices (FADs) deploying, soaking and setting – when is a FAD ‘fishing’?
This article describes the proliferation of drifting fish aggregating devices (FADs) and analyses subsequent legal questions that arise for fisheries and marine litter management over who is responsible for FADs during their drifting stage.
Rethinking High Seas Fishing FreedomsHow High Seas Duties Are Catching Up
The United Nations Convention on the Law of the Sea (losc) established the
broad framework for the conduct of distant water fishing.
Transparency and Accountability’
Mining the deep ocean floor hundreds of miles from land was once considered too costly, dangerous, and complicated to attempt.
Economic benefits of FAD set limits throughout the supply chain
Fish aggregating devices (FADs) have over recent decades, become an integral tool in commercial tuna fisheries due to their increased efficiency over free school catches.
Multi-scale policy diffusion and translation in Pacific Island coastal fisheries
Multilateral consensus forged among heads of states must be value-additive and relevant at the national level to facilitate on-ground implementation.