The Global Forum on Oceans,
Coasts, and Islands
Reports from the Third Global Conference on
Oceans, Coasts, and Islands
January 23-28, 2006, UNESCO, Paris
ISSUES RELATED TO MARINE AREAS
BEYOND NATIONAL JURISDICTION
CO-CHAIRS' REPORT
The Global Forum on Oceans, Coasts, and Islands,
agreements. During the Conference, several new
created at the World Summit on Sustainable
and emerging issues were also addressed, including
Development (WSSD) in Johannesburg in
issues related to governance of marine areas beyond
September 2002, aims to advance the interests of
national jurisdiction.
oceans­incorporating 72% of the Earth; coasts­
the home of 50% of the world's population; and
The following is intended to provide a reflection
islands­ 44 of the world's nations are small island
of the discussions that took place at the session
developing states which are especially dependent
dealing with issues in marine areas beyond national
on the oceans. The Global Forum is composed of
jurisdiction at the Third Global Conference on
experts from governments, intergovernmental and
Oceans, Coasts, and Islands.
international organizations, and non-
governmental organizations (environmental,
The Session was structured in the form of one panel
scientific/technical, industry, and foundations)
and two dialogue sessions. It was the outcome of
with the common goal of encouraging the
the collective efforts by members of the Working
sustainable development of oceans, coasts and
Group that was set up prior to the Conference to
islands.
help structure the Session and the Conference
participants that attended it. Their contribution is
The Third Global Conference on Oceans, Coasts,
recognized and much appreciated.
and Islands: Moving the Global Oceans Agenda
Forward, organized by the Global Forum, was
Principles guiding the work related to session were
held from January 23-28, 2006 at the UNESCO
that:
headquarters in Paris, France. The Conference
was attended by over 400 participants from 78
· it was not intended and should not be a
countries, and brought together key national level
negotiating session;
officials, regional organizations, UN agencies,
· it was intended to be an educational process
donors, industry, nongovernmental organizations,
for all participants;
and scientists to assess progress achieved and
· it was intended to contribute towards a better
obstacles faced in the implementation of
understanding of the various issues involved;
international targets on oceans, coasts, and small
· it would not lead to a policy statement;
island developing States (SIDS), especially those
· participants would operate on the basis that
related to the 2002 World Summit on Sustainable
they did not need to reach consensus, which
Development (WSSD), the Millennium
meant that all ideas expressed during the panel
Development Goals (MDGs), and other related
and dialogue sessions would stand on equal
footing;
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Issues Related to Marine Areas Beyond National Jurisdiction
· the Session aimed at stating what we know and where
In relation with high seas fisheries, the following points were
we are with regard to the issues involved; and
discussed:
· it was also intended to be an exercise to collect views.
· Opportunities for improving high seas fisheries
Although the Panel was termed "Improving High Seas
governance:
Governance," in reality it covered broader issues relating to
o the role of the High Seas Task Force in dealing with
marine areas beyond national jurisdiction. This was based
Illegal, Unreported and Unregulated fisheries, whose
on the fact that the 1982 Convention on the Law of the Sea
report will be launched in early March, and future
(UNCLOS) provides a specific regime for the high seas in
steps;
Part VII of the Convention, while the international seabed
o the UN Fish Stock Agreement Review Conference and
area, or the "Area" ­ term used in the Convention ­ is
related outcomes;
governed by Part XI of the Convention, as elaborated by the
o emphasis was put on the situation of discrete high
1994 Agreement relating to the Implementation of Part XI
seas fish stocks, including ways to manage them;
of UNCLOS.
o the review of measures taken by Regional Fisheries
Management Organizations and States regarding
The Panel featured presentations on:
destructive fishing practices in vulnerable marine
ecosystems, with particular emphasis on the inputs
· general trends in marine scientific research and in
to, and mechanisms for discussion at, that process;
bioprospecting in the deep seabed, noting a shift from
geophysical expeditions to ecological, biological and
· That strong sectoral governance nested within a broader
bioprospecting ones;
framework is key to addressing the WSSD fisheries
· trends in scientific discoveries in the deep oceans, noting
targets;
the high degree of diversity found on seamounts and
other deep ocean ecosystems;
· That governance objectives for high seas fisheries should
· current scientific knowledge on the vulnerability of
include:
certain marine ecosystems;
o eliminating Illegal Unreported and Unregulated fishing
· gaps in knowledge and the need for further studies on
(as called for in the WSSD goals);
scientific, legal and socioeconomic aspects ­ among
o improving regional governance arrangements i.e.
others;
Regional Fisheries Management Organizations;
· uncertainties regarding the definition of and regime for
o bringing unregulated high seas fisheries under
bioprospecting and its relationship to marine scientific
international governance;
research in the international seabed area, and the legal
o applying the precautionary approach;
status of the biodiversity of the deep seabed in areas
o applying ecosystem-based management principles in
beyond national jurisdiction and ways to address these
order to combine high seas fisheries with broader
uncertainties;
biodiversity considerations;
· the potential of UNCLOS in dealing with issues related
o the need for cooperation and coordination approaches
to marine areas beyond national jurisdiction, including
between Regional Fisheries Management
the possibility to strengthen UNCLOS;
Organizations and international processes;
· the role of existing organizations and bodies, including
o the need for coastal States, market States, port States
the role of the United Nations General Assembly
and beneficial owners to work together.
· the need to rely on recognized common principles to
move the discussions forward;
In order to deal with issues relating to the conservation and
· the need to further discuss ways and means for the
sustainable use of deep seabed genetic resources in areas
possible establishment of marine protected areas in areas
beyond national jurisdiction, the following points were
beyond national jurisdiction.
discussed:
Although both dialogue sessions, 1) Deep Seabed Genetic
· Differences of opinions about what principles should
Resources, and 2) High Seas Fisheries Governance, dealt
be guiding bioprospecting in areas beyond national
with issues related to marine areas beyond national
jurisdiction e.g. freedom of use as opposed to common
jurisdiction, those issues were dealt with in their own merit,
heritage of humankind;
so as not to prejudge possible connections between those
issues.
· There also are differences of opinions on:
o what bioprospecting really covers, recognizing that
there is no internationally agreed definition of it (In
this regard, it was also mentioned that in practice
distinctions between marine scientific research and
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Issues Related to Marine Areas Beyond National Jurisdiction
bioprospecting were blurred since it was difficult to
A concrete outcome of the Session as a whole was that this
ascertain the "intent" from the beginning);
process was very useful in terms of creating a cooperative
o whether a new international regulatory framework is
environment for dialogue and joint work. In that regard, there
required;
was a strong sentiment to continue sharing information
o it remains uncertain at this point what are the
informally; continue floating ideas regarding all the aspects
institutional and legal ways for dealing with
of the topics, including areas on which further studies are
bioprospecting beyond national jurisdiction; (Some
needed; and continue the analytical work and research in
mentioned that UNCLOS is the starting point for
order to fill gaps in knowledge. It should be stressed that
discussions on these issues)
this will be an open-ended and flexible approach, and that
everyone is welcome to join in.
· Next steps could include:
o facilitating further constructive dialogue sessions to
The Co-Chairs thank all participants and contributors for
promote understanding of differing perspectives and
their help, which was essential in making the Session a
exploring options for moving forward;
success and the Organizers of the Conference ­ indeed a
o launching key studies in support of cooperation e.g.:
very important and successful one ­ for their guidance,
§ examination of ways to address environmental assistance and encouragement.
consequences of bioprospecting;
§ Studies on the nature and operation of public/
Alfonso Ascencio Herrera
academic- private marine biotechnology
partnerships,
Salvatore Arico
§ study of patents already granted to genetic resources
in areas beyond national jurisdiction and other
intellectual property rights;
§ the role of international legal principles in
addressing bioprospecting in areas beyond national
Working Group Members and Participants in
jurisdiction (Some participants referred to equitable
Discussions Related to Issues of Marine Areas
use, sustainable use, environmental impact
Beyond National Jurisdiction
assessments, cooperation at all levels);
at the Third Global Conference on Oceans,
§ a review of international legal and institutional
options for managing activities connected to marine
Coasts and Islands
biodiversity of the international seabed area,
including binding and non- binding approaches
Co-Chairs
(Some referred specifically, as non- binding
*Salvatore Arico, UNESCO
approaches, the conclusion of codes of conduct,
*Alfonso Ascencio Herrera, Permanent Mission of
while others favoured mandatory approaches based
Mexico to the UN
on existing legal principles/frameworks)
§ survey of adequacy of existing national legal and
Working Group Members and Conference Session
institutional frameworks for controlling national
Participants
and state flag vessels engaged in marine scientific
Tim Adams, Secretariat of the Pacific Community
research/bioprospecting in areas beyond national
Ellik Adler, UNEP-Regional Seas Programme
jurisdiction;
Porfirio Alvarez, SEMARNAT - Mexico
§ the scale of bioprospecting;
Joe Arbour, Department of Fisheries and Oceans, Canada
*Frida Armas-Pfirter, Austral University, Argentina
o strengthening capacity- building , e.g. targeted training/
*Robert Baldi, Department for Environment, Food, and
learning sessions on key topics such as understanding
Rural Affairs, UK
of intellectual property rights and patent issues,
*Miriam Balgos, Global Forum on Oceans, Coasts, and
understanding the socioeconomics of the industry and
Islands
environmental effects, understanding legal dimensions
Richard Ballhorn, Legal Bureau, Foreign Affairs Canada,
and scientific aspects;
Ottawa
o promoting scientific cooperation;
Dominique Benzaken, Secretariat of the Pacific Regional
o considering different ways of moving forward ensuring
Environmental Programme
that bioprospecting is linked to broader discussions
e.g. the possible establishment of marine protected
areas in areas beyond national jurisdiction;
o exploring opportunities for existing organizations to
assist in these steps.
* Working Group Member
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Issues Related to Marine Areas Beyond National Jurisdiction
Working Group Members and Participants (continued)
Sergio R. Carranza Forster, Ministry of Foreign Affairs
*Michael Lodge, High Seas Task Force
and Cooperation, Spain
Christy Loper, National Oceanic and Atmospheric
Lucien Chabason, Institute de Development Durable,
Administration (NOAA), US
Paris
*Eric Mathur, Diversa Corporation
*Leif Christoffersen, Diversa Corporation
Fernanda Millicay, Amerasinghe Fellowship
*Biliana Cicin-Sain, Global Forum on Oceans, Coasts,
Sebastian Moncorps, IUCN French Committee
and Islands
*Jennifer Mooney, Department of Fisheries and Oceans,
Alexandre De Lichtervelde, Federal Ministry of
Canada
Environment, Belgium
Patricia Muñoz, Instituto Politecnico Nacional ­Mexico
Michel Dion, ORTHONGEL
*Daniel Owen, Fenners Chambers, United Kingdom
*Fanny Douvere, UNESCO
Carol Phua, WWF European Policy Office
*Sylvia Earle, Conservation International
Roland Pittar, Australia Embassy, Paris
Elizabethann English, National Oceanic and Atmospheric
Ann Powers, Pace University Law School
Administration (NOAA), US
Margi Prideaux, Whale and Dolphin Conservation Society
*Martin Exel, Austral Fisheries
Peter Prows, Permanent Mission of Palau to the UN
*Anne Frenette, Department of Fisheries and Oceans,
*Jean-Francois Pulvenis, Food and Agriculture
Canada
Organization (FAO)
Patricia Gallaugher, Simon Fraser University
*Gaile Ramoutar, Trinidad and Tobago
*Serge Garcia, Food and Agriculture Organization (FAO)
*Rosemary Rayfuse, University of New South Wales
*Matthew Gianni, Deep Sea Conservation Coalition
Saskia Richartz, Greenpeace European Unit
*Kristina Gjerde, The World Conservation Union (IUCN)
Peter Ricketts, UBC Okanagan
*Vladimir Golitsyn, UN Division for Ocean Affairs and
*Lori Ridgeway, Department of Fisheries and Oceans,
the Law of the Sea
Canada
Sarah Gotheil, The World Conservation Union (IUCN)
Silva Ritossa, IUCN French Committee
Michel Goujon, CNPMEM
*Alex Rogers, British Antarctic Survey
Alistair Graham, WWF-International
Mario Ruivo, National Council on Environment and
Arthur Gray, Organization of Eastern Caribbean States
Sustainable Development (Portugal)
*Fred Grassle, Institute of Marine and Coastal Sciences,
*Karen Sack, Greenpeace International
Rutgers University
Francesca Santoro, University of Italy
Barbara Hanchard, Forum Fisheries Agency
*Renée Sauvé, Department of Fisheries and Oceans,
Margaret Hayes, Department of State, US
Canada
Olive Heffernan, ImarEST
Carl-Christian Schmidt, OECD
*Arlo Hemphill, Conservation International
Tullio Scovazzi, University of Milano-Bicocca
Andrew Hurd, The World Conservation Union (IUCN)
Despina Symons, European Bureau for Conservation and
Andrew Hurst, Environment Canada
Development
*Elie Jarmache, Prime Minister's Office, France
*Norma Taylor Roberts, Permanent Mission of Jamaica to
*Sam Johnston, Institute of Advanced Studies, United
the UN
Nations University (UNU-IAS)
*Chris Tompkins, Department for Environment, Food, and
*Kim Juniper, University of Montreal at Quebec
Rural Affairs, UK
Konstantinos Kalamantis, European Bureau for
*David VanderZwaag, Dalhousie University
Conservation and Development
*Monica Verbeek, Seas at Risk
*Lee Kimball, The World Conservation Union (IUCN)
*Marjo Vierros, Convention on Biological Diversity
Armand Kokolo, Ministere des Transports Maritimes et de
(CBD)
la Marine Marchande (Congo)
*LaVerne Walker, St. Lucia
Peter Koltermann, BSH Hamburg, Germany
*Lindsey Williams, Global Forum on Oceans, Coasts, and
Tom Laughlin, National Oceanic and Atmospheric
Islands
Administration (NOAA), US
Jennifer Winston, National Oceanic and Atmospheric
*David Leary, Centre for Environmental Law, Macquarie
Administration (NOAA), US
University
* Working Group Member
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