December 2008
Workshop on Governance of Marine
Areas Beyond National Jurisdiction:
Management Issues and Policy Options
Executive Summary
November 3-5, 2008, Singapore
Organized by the Global Forum on Oceans, Coasts, and Islands, the National Parks Board, Singapore, and
the University of Delaware Gerard J. Mangone Center for Marine Policy,
with funding support from the Nippon Foundation, Japan,
and the Global Environment Facility

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The Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and
Policy Options was the third in a three-part series of workshops examining issues and options pertaining to the
governance of marine areas beyond national jurisdiction. It was organized by the Global Forum on Oceans,
Coasts, and Islands, the Gerard J. Mangone Center for Marine Policy at the University of Delaware, and the
National Parks Board, Singapore, with funding support from the Nippon Foundation, Japan, and the
Global Environment Facility.
The Workshop was part of an informal process to bring together major relevant interests to facilitate open
and constructive multi-stakeholder dialogue to inform and support the formal processes which have been or
may be established by the UN General Assembly regarding this issue. The intent is to contribute to clarifying
the issues, laying out various perspectives, developing options, and identifying possible avenues for
consensus-building among disparate interests.
We acknowledge, with sincere thanks, individuals who played a key role in the organization of the Workshop:
Miriam Balgos
Nigel Goh
Sumathi Krisinasamy
Leong Chee Chiew
Rachel Lim Li-feng
Kat McCole
Yang Shufen
Caitlin Snyder
Siti M. Yaakub
Note to readers:
This report should be cited as: Miriam C. Balgos, Caitlin Snyder, Biliana Cicin-Sain, David Freestone,
and Chris Tompkins. 2008. Executive Summary: Workshop on Governance of Marine Areas Beyond
National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore.
The report is available online at http://www.globaloceans.org.

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Executive Summary
Workshop on Governance of Marine Areas
Beyond National Jurisdiction:
Management Issues and Policy Options
November 3-5, 2008, Singapore
By Miriam C. Balgos,1 Caitlin Snyder,1 Biliana Cicin-Sain,2
David Freestone,3 and Chris Tompkins,4
Workshop Co-Chairs
Dr. Biliana Cicin-Sain, Global Forum on Oceans, Coasts, and Islands
Mr. David Freestone, World Bank
Ambassador Mary Seet-Cheng, Ministry of Foreign Affairs, Singapore
Mr. Eden Charles, Permanent Mission of Trinidad and Tobago to the United Nations
Dr. Salvatore Arico, UNESCO, Co-Chair of the Working Group
(Authors' Note: Any errors or omissions in this report are the responsibility
of the authors in their individual capacities.)
1 University of Delaware and Global Forum Secretariat
2 University of Delaware, Global Forum Co-Chair and Head of Secretariat
3 The George Washington University Law School
4 Independent Consultant, UK
i

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ii

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Draft for Review, December 3, 2008
Workshop on Governance of Marine Areas
Beyond National Jurisdiction:
Management Issues and Policy Options
November 3-5, 2008, Singapore
Executive Summary
Background
maritime transportation; pollution; off-
held in Hanoi, Vietnam, April 7-11, 2008
shore oil and gas development; marine
A report on these two workshops was sub-
The Global Forum on Oceans, Coasts, and
scientific research; climate change; carbon
mitted to the Second Meeting of the UN Ad
Islands has, since 2001, brought together
capture and storage) through an integrated
Hoc Open-ended Informal Working Group
ocean leaders from governments, UN agen-
and ecosystem-based approach. There are,
to study issues relating to the conservation
cies, NGOs, the private sector, and science
moreover, significant differences of opinion
and sustainable use of marine biological di-
groups from 105 countries to advance the
among developed and developing coun-
versity beyond areas of national jurisdiction
global oceans agenda, particularly the im-
tries,
industries,
and
environmental
held in New York on April 28-May 2, 2008.1
plementation of the ocean targets from The
interests, on what, if anything, needs to be
World Summit on Sustainable Develop-
The Singapore Workshop builds on the two
done to improve governance of these im-
ment and addressing new challenges such
workshops noted above and continuing
portant ocean areas.
as climate change and governance of ma-
work carried out by the Global Forum's Ex-
This Workshop is part of a series of
rine areas beyond national jurisdiction.
pert Working Group on Governance of
workshops, policy analyses, and multi-
Since 2005, the Global Forum has been en-
Marine Areas Beyond National Jurisdiction,
stakeholder dialogues being carried out
gaged in an informal process to bring
which includes 72 experts from both devel-
under the Project Governing the Oceans
together major relevant interests to facili-
oped and developing countries and from a
Beyond National Jurisdiction: Multistake-
tate
open
and
constructive
multi-
broad range of sectors including national
holder Policy Analyses and Policy
stakeholder policy dialogue to inform and
governments, academia, UN agencies, in-
Dialogues for Improved Ocean Gover-
support the formal processes that have
tergovernmental organizations, nongov-
nance,
supported
by
the
Nippon
been or may be established by the United
ernmental organizations, and industry and
Foundation, Japan, and carried out at the
Nations General Assembly regarding gov-
is co-chaired by Salvatore Arico, UNESCO,
University of Delaware Gerard J. Mangone
ernance of marine areas beyond national
and Sivu Maqungo, Permanent Mission of
Center for Marine Policy, which included
jurisdiction. The general intent is to work
South Africa to the United Nations.
two past workshops:
to clarify the issues, lay out various per-
spectives, discuss options, and identify
· Strategic Planning Workshop on Global
Purpose of the
possible avenues for consensus-building
Oceans Issues in Marine Areas Beyond
Singapore Workshop
among disparate interests.
National Jurisdiction in the Context of
Climate Change, January 23-25, 2008,
The Singapore Workshop aimed to provide
The question of governance of the 64% of
Nice, France
expert and multi-stakeholder perspectives
the oceans that lies beyond national juris-
· Workshop on Ecosystems and Uses in Ma-
on addressing important issues related to
diction looms as a major issue that
rine Areas Beyond National Jurisdiction,
the governance of marine areas beyond na-
countries will need to address and negoti-
held on April 5, 2008 as part of the
tional jurisdiction, specifically by:
ate over in the next decade. While there has
Fourth Global Conference on Oceans,
been substantial progress in recent years in
1. Assessing each of the major management
Coasts, and Islands: Advancing Ecosys-
achieving integrated oceans governance in
options for improved governance of ma-
tem Management and Integrated
areas under national jurisdiction and in re-
rine areas beyond national jurisdiction
Coastal and Ocean Management by
gional seas areas, governance of areas
(ranging along a continuum of enhanc-
2010 in the Context of Climate Change
beyond national jurisdiction at present re-
ing institutional capacity for ecosystem-
mains
largely
sectorally-based
and
1Cicin-Sain, B., S. Maqungo, S. Arico, and M. Balgos. 2008.Submission of the Global Forum on Oceans, Coasts, and Islands to the
fragmented. Thus, it is difficult to address
UN Ad Hoc Open-Ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biologi-
interconnected issues (such as fishing is-
cal diversity beyond areas of national jurisdiction New York, 28 April ­ 2 May 2008. Available online at
http://www.globaloceans.org/globalconferences/2008/pdf/GlobalForumSubmission-2ndAdHocWGMeeting-April2008-red.pdf.
sues; extraction of genetic resources;
1

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based management), building on the
Chairman of the Preparatory Committee and the
Special Address by
outcomes of the Nice Workshop and of
Main Committee of the UN Conference on Envi-
Singapore Ambassador
the Hanoi Conference;
ronment and Development, 1990-1992), in an in-
spiring keynote address.
2. Addressing the following focal areas in
Tommy Koh
the management of marine genetic re-
Funding support for the workshop from the Nippon
Ambassador Tommy Koh provided the
sources: Identifying opportunities and en-
Foundation, Japan, and the Global Environment
opening keynote address on whether the
hancing understanding of values and
Facility is greatly appreciated.
existing international conventions, such as
processes, and issues related to intellec-
The workshop also took note and reviewed
the United Nations Convention on the Law
tual property, options for access and bene-
progress made in the past year in both the
of the Sea (UNCLOS), adequately address
fit sharing, and governance gaps, taking
formal UN process and in informal venues
emerging governance issues on the use of
into account the outcomes of the 8th
(see Box 2).
marine living resources in areas beyond na-
meeting of the UN Open-ended Infor-
tional jurisdiction as opposed to non-living
mal Consultative Process on Oceans
Box 2. Efforts carried out in 2007-
resources in the deep seabed beyond na-
and the Law of the Sea (ICP-8, June
2008 and planned for in 2008-2009
tional jurisdiction from his perspective as
2007) and the second meeting of the
to advance discussion on the gover-
former President of the Conference that ne-
UN Ad Hoc Open-ended Informal
nance of marine areas beyond
gotiated UNCLOS (Annex 1).
Working Group to study issues relating
national jurisdiction.
to the conservation and sustainable use
Formal Process
Discussion of Major
of marine biological diversity beyond
1. Second Meeting of the UN Ad Hoc Open-Ended
areas of national jurisdiction (April-
Topics
Informal Working Group to study issues relat-
May 2008);
ing to the conservation and sustainable use
3. Discussing priority activities that might
1. Major Options for Moving Toward
of marine biological diversity beyond areas of
be taken to move toward ecosystem-based
Ecosystem-Based Management of
national jurisdiction, April 28-May 2,2008,
governance of marine areas beyond na-
New York
Marine Areas Beyond National
tional jurisdiction (including the Arctic)
Jurisdiction
2. UN General Assembly discussions, Fall 2008
that could be considered for support
Informal Process
It is generally agreed that there is much ex-
through future Global Environment Fa-
perience in how to move toward
cility (GEF) funding.
1. IUCN Workshop on High Seas Governance for
ecosystem-based integrated management at
The Workshop was co-chaired by Biliana
the 21st Century, October 17-19, 2007, New
national levels and at regional levels and
York, New York
Cicin-Sain, Global Forum on Oceans,
that much can be learned from examining
Coasts, and Islands; David Freestone, World
2. Strategic Planning Workshop on Global Oceans
these experiences. Ecosystem-based inte-
Bank; Ambassador Mary Seet-Cheng, Min-
Issues in Marine Areas Beyond National Ju-
grated ocean and coastal management is
istry of Foreign Affairs, Singapore; Eden
risdiction in the Context of Climate Change,
well rooted in international instruments
January 23-25, 2008, Nice, France
Charles, Permanent Mission of Trinidad and
adopted at various fora, starting with
Tobago to the United Nations; and Salvatore
3. International Seminar on Towards a New Gov-
Agenda 21 at the 1992 UN Conference on
Arico, UNESCO, Co-Chair of the Working
ernance of High Seas Biodiversity, March 20-
Environment and Development (UNCED)
Group.
21, 2008, Monaco
and continuing with the Plan of Implemen-
4. Workshop on Ecosystems and Uses in Marine
tation of the 2002 World Summit on
Box 1. Acknowledgements
Areas Beyond National Jurisdiction, April 5,
Sustainable Development (WSSD) and re-
2008, Hanoi, Vietnam
Sincere appreciation is expressed by the Work-
lated instruments. At the national level,
shop organizers to the Singapore hosts, the Na-
5. International conference on marine affairs and
about 40 nations (incorporating about
tional Parks Board of Singapore (NParks),
the Law of the Sea, Fridtjof Nansen Institute,
three-quarters of the world's Exclusive Eco-
especially Dr. Leong Chee Chiew, Mr. Wong Tuan
Oslo, Norway, August 21-23, 2008
nomic
Zones)
have
moved
toward
Wah, and Dr. Nigel Goh of the National Parks
6. IUCN World Conservation Congress, October 5-
integrated ecosystem-based management by
Board, and Ambassador Mary Seet-Cheng of the
14, 2008, Barcelona, Spain
establishing national ocean policies. At the
Ministry of Foreign Affairs, Singapore. The great
7. Perspectives from the French Presidency of the
regional trans-boundary level, the applica-
support provided by the NParks staff for an effi-
European Union, Fall 2008
tion of ecosystem-based and integrated
ciently conducted workshop is sincerely acknowl-
management has taken place, to varying de-
edged.
8. Plans for 2012 Marine Targets: European Ma-
rine Strategy and Issues in High Seas, Brest,
grees, in the 16 Large Marine Ecosystems
The Workshop greatly benefited from the wisdom
France, December 9-11, 2008
supported by the Global Environment
and experience of Ambassador Tommy Koh, Am-
Facility and in the 18 Regional Seas Pro-
bassador-At-Large, Ministry of Foreign Affairs,
9. Plans for an Intergovernmental Platform on Bio-
grammes.
and Chairman of the Institute of Policy Studies,
diversity and Ecosystem Services
Singapore (President of the Third UN Conference
10. Plans for the World Ocean Conference, May
In general, some commonalities in moving
on the Law of the Sea, 1980-1982, and
11-15, 2009
toward ecosystem-based and integrated
2

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management at both national and regional
Participants at the Nice Workshop also
The second meeting of the UN Working
levels are:2
identified a range of options for enhancing
Group stressed the urgent need to address
1. Enunciation and application of
cross-sectoral institutional capacity. The op-
the conservation and sustainable use of ma-
governing principles
tions range from "sectoral" on the left side
rine biodiversity beyond areas of national
2. Development of capacity for area-based
of the continuum to "most cross-sectoral"
jurisdiction and noted that some progress
assessment, planning, and ultimately
on the right side of the continuum. For ex-
had been made since 2006 but that further
decision-making
ample, on the "sectoral" side, the options
efforts were needed. It further noted that all
include the strengthening of existing sec-
issues related to oceans are interrelated and
3. Development of institutional capacity
toral authorities and use of codes of
should be addressed in an interdisciplinary,
for addressing interactions among uses
conduct. In the middle of the continuum
intersectoral and comprehensive manner
and their effects on biodiversity and
are options such as introducing some form
and that the United Nations Convention on
the environment
of cross-sectoral coordination, for example
the Law of the Sea sets out the legal frame-
4. Development of capacity for
a regular meeting (or council) of the
work for all activities in the oceans and seas
enforcement
sectoral authorities, or area-wide environ-
and is complemented by a number of other
5. Funding to support the management
mental
review.
Existing
institutional
conventions and instruments. The essential
interventions.
frameworks such as UNICPOLOS or UN-
role of science and the need for further sci-
The discussions at the Nice Workshop
Oceans might possibly be adapted to play
entific research were noted as was the need
conceptually identified the wide range of
such a role. On the "most cross-sectoral"
for increased capacity-building for develop-
options available to improve the governance
end of the continuum, options include, for
ing States. The Co-Chairs of the UN
of marine areas beyond national jurisdic-
example, expansion of the mandate of the
Working Group considered that there was
tion. The options identified include:3
International Seabed Authority (toward a
a need for ongoing consideration by the
· Enhanced implementation of existing
multiple use mandate), establishment of a
General Assembly of these issues, in
international instruments and their
Stewardship Council to govern areas be-
particular within the framework of the
scope of application
yond national jurisdiction, and use of the
Working Group. The following could be
UN Trusteeship Council (Fig. 1).4
more particularly considered: effective
· Voluntary codes of conduct
implementation/enforcement of existing in-
· More effective implementation,
The Hanoi workshop then provided an op-
struments; the strengthening of cooperation
strengthening of, or extending,
portunity to assist in the process of
and coordination at all levels and across all
mandates of existing institutions such
collecting relevant information on these op-
sectors, including enhanced cooperation in
as Regional Fisheries Management
tions that may contribute information to the
capacity-building for developing countries;
Organizations (RFMOs) and Regional
second meeting of the United Nations Gen-
development and implementation of effec-
Seas Programmes (RSPs)
eral Assembly Ad Hoc Open-ended
Informal Working Group to study issues re-
tive environmental impact assessments as a
· Forming new regional institutions as re-
lating to the conservation and sustainable
tool for improving ocean management;
quired
use of marine biological diversity beyond
development and use of area-based man-
· A new Global Programme of Action on
areas of national jurisdiction (New York, 28
agement tools; practical measures to address
biodiversity in areas beyond national
April ­ 2 May 2008). The Hanoi workshop
the conservation and sustainable use of ma-
jurisdiction
focused discussion on the continuum of co-
rine genetic resources in ABNJ; and
· A new implementing agreement to the
herent policy options from sectoral to
enhanced marine scientific research in rela-
United Nations Convention on the Law
cross-sectoral global solutions, and on the
tion to marine biodiversity in ABNJ.6
of the Sea (UNCLOS) in relation to
next steps needed for developing and ap-
activities in marine areas beyond
Criteria for Assessing Managing
plying a set of evaluative criteria to examine
national jurisdiction
each option in the continuum. The out-
Options
· An amendment to UNCLOS
comes of the Nice and Hanoi workshops
Based on the recommendations from the
· A Protocol to the Convention on
were presented to the Ad Hoc Working
Nice and Hanoi workshops, the need for a
Biological Diversity (CBD)
Group meeting through a statement read
more systematic assessment of management
· Other possible approaches to be
and disseminated in print form during the
options was addressed in the Singapore
determined.
meeting.5
workshop. The options should be described
2Cicin-Sain, B., D. VanderZwaag and M. Balgos. Introduction. Integrated National and Regional Ocean Policies: Comparative Practices and Future Prospects (forthcoming in 2009).
3Cicin-Sain, B. and D. Freestone. 2008. Report from the Strategic Planning Workshop on Global Ocean Issues in Marine Areas Beyond National Jurisdiction in the Context of Climate Change, Nice,
France, January 23-25, 2008.
4Cicin-Sain, B., S. Maqungo, S. Arico, and M. Balgos. 2008. Submission of the Global Forum on Oceans, Coasts, and Islands to the UN Ad Hoc Open-Ended Informal Working Group to study issues re-
lating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction New York, 28 April ­ 2 May 2008.
5Ibid.
6Joint Statement of the Co-Chairs of the Second Meeting of the UN Ad Hoc Open-Ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological
diversity beyond areas of national jurisdiction, April 28-May 2, 2008, New York. Available: http://daccess-ods.un.org/access.nsf/Get?Open&DS=A/63/79&Lang=E
3

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vation and sustainable use of marine biodi-
Figure 1. Continuum of Options for Enhancing Cross-Sectoral
versity in areas beyond national jurisdiction
Institutional Capacity.
be in line with the Convention; 2) whether
there is a need for an integrated approach
Sectoral
Cross-Sectoral and how can this be achieved consistent
with the Convention; 3) whether there is a
need for an ecosystem-based approach and
Sectoral Authorities--
Some Sectoral Coordination
Cross-Sectoral Coordina-
how can this be achieved consistent with
Global and Regional
tion/ New or Enhanced
· Council of sectoral authorities
the Convention; 4) how should cooperation
Institutions
· Use of codes of conduct
· Area-based impact assessment,
and coordination between the sectorally-
· Enhanced enforcement and
planning and decisionmaking
· Expanded International
based approaches undertaken by national,
compliance
Seabed Authority
regional, and global institutions be en-
· Expanded UNICPOLOS
· New Global Programme of
hanced; 5) what elements would be
· Improvement of fisheries
· Expanded UN-OCEANS
management organizations
Action
necessary to make an implementing agree-
(RFMOs)
· Stewardship Council
ment to UNCLOS both useful and effective;
and 6) what is the meaning of UNCLOS as
· Regional experimentation
· UN Trusteeship Council
a "living Constitution" for the oceans.
in more detail, with the objectives, scope,
The need for an integrated approach to
Other considerations put forward to guide
principles, content and modalities, devel-
management of ocean space was empha-
the discussion under this topic included
opment, and review and monitoring of each
sized. Similarly, the need for systematic
employing the CBD framework (within the
management option clearly presented. This
mapping, inventory, and assessment, as well
limits of its mandate), giving the charge to
assessment of each option would examine
as detailed marine spatial planning,9,10 was
the UN Open-ended Informal Consultative
the benefits and consequences (including
underscored. It was pointed out that
Process on Oceans and the Law of the Sea
potential unintended consequences), out-
Agenda 21 and the WSSD goals remain in-
(ICP) to agree to a particular framework, or
line the costs associated with the option, the
sufficient to serve as future policy
leaving the UNCLOS States parties to de-
feasibility and ease of implementation, and
guidelines on the issue of areas beyond na-
velop a formula.11
effectiveness and efficiency of the option.7
tional jurisdiction and that a new, integrated
Considering the options noted in the con-
Options should be evaluated according to
and holistic approach to management of
tinuum, the discussion on the criteria for
particular criteria, such as: 1) ecological
ocean space is needed to secure a legal order
assessing the management options, and the
(e.g., meets important ocean stewardship
on the oceans, promote peaceful use, con-
presentations and papers submitted for the
objectives; protects the ecological function
serve natural resources, and protect the
workshop, three groups of options were
of oceans, including oceans/climate func-
environment. Such an approach covers both
examined in greater detail: 1) Improve-
tioning; protects marine biodiversity); 2)
the Exclusive Economic Zones and areas
ments to Sectoral Processes; 2) Achieving
developmental and managerial (promotes
beyond national jurisdiction (ABNJ).
Cross-Sectoral Coordination and Initiat-
sustainable development; addresses con-
It was pointed out that it is crucial to con-
ing Area-wide Environmental Impact
flicts and problems among ocean uses;
tinue carrying out scientific research and
Assessment; and 3) Establishing New Man-
provides a capacity for area-based assess-
information- sharing to address the dearth
agement Institutions or Enhancing Existing
ment, planning, and decision-making; 3)
of data on oceans, including the develop-
Institutions to Govern Marine Areas Beyond
societal (incorporates equity among nations
ment of a marine inventory of areas beyond
National Jurisdiction.
and between current and future genera-
national jurisdiction. There was also dis-
tions); and 4) procedural/programmatic
cussion about the usefulness of considering
Improvements to Sectoral Processes
(incorporates science-based decision-mak-
the various management options using a
The section discusses sectoral activities that
ing; is consistent with existing international
number of questions related to the UNC-
contribute to improved governance and bet-
law and policy; incorporates public trans-
LOS framework, including: 1) the adequacy
ter ecosystem outcomes in ABNJ.12 Fisheries
parency and accountability; is feasible --
of UNCLOS and what would be needed to
was the only sectoral example discussed in
politically, financially, administratively.8
ensure that any implementing agreement
detail in the session, but much of the dis-
eventually developed to address the conser-
cussion applies more generally. Discussion
7Cicin-Sain. General Perspectives and Criteria for the Assessment of Management Options. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction:
Management Issues and Policy Options November 3-5, 2008, Singapore.
8Ibid.
9Marine spatial planning (MSP) is an ecosystem-based approach to promoting ocean use management. MSP results in a comprehensive marine spatial plan for an area or ecosystem and is usually
implemented through zoning maps, regulations, and a permit system.
11Terashima, H. Holistic Approach to Management of Ocean Space. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and
Policy Options, November 3-5, 2008, Singapore.
12Charles, E. Major questions to consider when considering the management options. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction:
Management Issues and Policy Options, November 3-5, 2008, Singapore.
4

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focused on the role of sectoral management,
exist for such approaches, although imple-
on the ecosystem, rests on the legitimate in-
the fit of sectoral activities in cooperative
mentation gaps need filling, including
terests of other bodies and processes. By
governance models, the need to understand
knowledge gaps and management capacity
enabling all key sectoral bodies to adopt
sectoral management contexts in reality, and
building. It was also noted that specifics of
similar approaches ­ ecosystem based man-
practical meaning of such terms as "the
the agendas of other sectors also need to be
agement, precautionary approach, impact
need for cross-sectoral collaboration." It
understood. Emphasis was also placed on
assessments ­ a common language could be
was argued that a lack of a shared apprecia-
the need for better collaboration and inte-
established among sectoral bodies to enable
tion among oceans, biodiversity and
gration among international institutions, as
them to cooperate and coordinate effec-
sectoral communities of interest on often
one aspect of better integrated management,
tively, laying a basis for more integrated
complex sectoral management challenges
as well as performance review processes.
management where necessary.
and developments, and on goals and roles
Not all opportunities for cross-sectoral co-
they might play in possible integrated gov-
Achieving Cross-sectoral Coordina-
operation and leverage for conservation
ernance has led to confusion among
outcomes (thus contributing to responsible
tion and/or Initiating Area-wide
communities that may hinder collaboration
use of ABNJ) need enabling by organized in-
Environmental Impact Assessment
and trust among players in the agenda. An
tegrated management (answering, in part, a
This section builds on the preceding dis-
inclusive paradigm for sectoral roles in in-
question as to whether "spontaneous" col-
cussion by clarifying that workable tools are
tegrated management in ABNJ was put
laboration across sectors is realistic).
available to help achieve cross-sectoral co-
forward as an illustrative and scalable model
Examples include cooperation between
ordination. It was pointed out that oceans
of "cooperative governance," aimed at de-
maritime and fisheries expertise in port
beyond national jurisdiction are suffering
livering healthier ecosystems, reduced
state inspections; cooperation between mar-
from increasing environmental impacts now
biodiversity loss, and associated economic
itime and fisheries interests regarding
compounded by the effects of climate
and social goals.13
transshipment; the synergy between do-
change. The synergistic effects of these im-
Robust sectoral management across all key
main
awareness
for
security
and
pacts, according to a 2008 UNEP report,
sectors would be needed to support inte-
monitoring, control and surveillance (e.g.
"risk an unprecedented, dramatic and wide-
grated planning processes, and to deliver
regarding IUU fishing); food marketing and
spread collapse of marine ecosystems and
shared goals through responsible sectoral
education enabling informed, responsible
fisheries within the next decades." In order
activities, which, in ABNJ, may be achieved
consumption; integrated tracking and trace-
to safeguard ocean health and resilience in
in the shorter term from stronger sectoral
ability that exploits both catch certification
a changing climate, it was suggested that
management and voluntary collaborative
and emerging private marketing standards.
governance of oceans in ABNJ needs to re-
integrated management initiatives. Exam-
Thus, the fisheries example shows that the
flect a new imperative: maintaining
ples
of
how
fisheries
management
absence of formal integrated management
structure, function and biodiversity of
contributes to integrated ecosystem-based
does not leave the ABNJ landscape devoid
ecosystems to enhance resilience to
management include: 1) Application of the
of regulation or tools for better manage-
change.14 The United Nations Conference
ecosystem approach to fisheries (EAF); 2)
ment, or modernization of management to
on
Environment
and
Development
collection of new data and information es-
improve conservation outcomes. However,
(UNCED), it was recalled, emphasized the
pecially
related
to
ecosystems;
3)
it was well recognized that appropriate co-
critical linkage of marine environmental
development of new science efforts and
operative and coordinated management
protection to sustainable development.
mapping of both vulnerable marine ecosys-
approaches would improve outcomes as
The importance of ecosystem-based and
tems (VMEs) and fishing footprints; 4)
long as sectors are prepared to play their
precautionary management to governance
protection of VMEs (e.g., use of area and
proper role in such systems.
in ABNJ was underscored. Because marine
time-based
measures,
by-catch);
5)
ecosystems do not recognize political
strengthened monitoring, surveillance and
In general, there is a need to identify and
boundaries, progress on ecosystem-based
control; 6) development of new guidelines
delimit the appropriate `entry points' for
management requires global cooperation.
including most recently for management of
more integrated approaches as well as the
Though there may be different kinds of
deep seas fisheries; 7) new work on port
use of processes to assist this, for example,
ecosystem approaches with different meth-
state and flag state control and assessment;
the IUCN high seas governance principles
ods of application, it was put forward that
and 8) single-stock sustainability con-
as a check list or code of conduct for effec-
there needs to be some common principles
tributes
to
ecosystem
health
(e.g.,
tive action. It was recognized that the prime
and objectives that are shared by all organ-
protection of trophic relationships).
responsibility for sustainable management
of the sectoral resource ­ e.g., minerals or
izations and sectors. Given the increasing
The broader fisheries reform agenda was
fish ­ lies with the sector, while the wider
intensity of ocean uses and the impacts of
discussed. It was noted that tools already
sustainability issues, such as broader effects
climate change, institutions will also need
13Ridgeway, L. Improvements in Sectoral Authorities and Processes. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and
Policy Options, November 3-5, 2008, Singapore.
14Currie, D. Achieving Cross-sector Coordination and/or Initiating Area-Wide Environmental Impact Assessment. Presentation given during the Workshop on Governance of Marine Areas Beyond Na-
tional Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore.
5

---

to evolve to respond quickly to new infor-
ceived. The GEF should be encouraged
a)Develop assessment processes,
mation and uncertainties and to take
to continue funding such initiatives, for
including the assessment of cumulative
cumulative and synergistic effects into ac-
example, a program is needed in order
impacts, of human activities with a po-
count. For ocean areas, another challenge
for the GEF to experiment with a num-
tential for significant adverse impacts
lies in integrating the various management
ber of other ways of addressing ABNJ
on the marine environment, living ma-
approaches into a comprehensive and co-
ecosystems, especially seamounts.15
rine resources and biodiversity in areas
hesive plan that has the ecosystem approach
It was pointed out that area-wide environ-
beyond national jurisdiction; and
as its central framework. There are, how-
mental impact assessments have an
b)Ensure that assessed activities with the
ever, many lessons that can be learned from
extensive basis in both hard and soft law
potential for such significant adverse
experiences in integrated coastal and ma-
and are already being applied at the re-
impacts are subject to prior authoriza-
rine area management that should be
gional, national and global levels.16 In
tion by States responsible for nationals
further studied.
addition to provisions in UNCLOS, the
and vessels engaged in those activities,
It was emphasized that global level coordi-
CBD, the London Convention, the Madrid
consistent with international law, and
nation and integration need not replace
Protocols to the Antarctic Treaty and many
that such activities are managed to pre-
regional regulation or State control. Sec-
regional seas agreements, there have also
vent such impacts, or not authorized
toral- based management has its advantages
been calls for EIAs in Agenda 21, the JPOI
to proceed.
in terms of focused expertise and needs to
of WSSD and UNGA resolution 61/105 with
Some ideas were also put forward for
be strengthened. Sectoral organizations,
respect to high seas bottom fishing. There
initiating area-wide EIA including:
nevertheless, may be dominated by particu-
is a treaty specifically on environmental im-
· Actively supporting the development of
lar industry interests. To effectively
pact assessments in a transboundary
scientific and technical guidance for
implement the ecosystem approach, there
context (the Espoo Convention), but it fo-
EIAs and SEAs by the CBD;
needs to be common principles and objec-
cuses solely on impacts on neighboring
· Developing and implementing
tives as well as a process or mechanism to
States. It does, however, provide a useful
assessment procedures at State level for
bring the sectoral and regional organiza-
model for capacity building amongst par-
vessels as well as nationals;
tions and civil society together.
ticipating States.
· Providing financial assistance to
In this regard, some important ideas were
Many RFMOs and States are now grappling
developing countries to develop proce-
offered as to how to move towards practical
with the requirement to conduct individual
dures to implement EIAs for ABNJ
implementation of EBM in the deep
assessments of high seas bottom fishing as
(e.g. in role as flag states);
sea/high seas including:
called for by an UNGA resolution, which
· To implement the precautionary
· Further exploration of marine spatial
also requires RFMOs and States to manage
approach, placing the burden of proof
planning as a practical tool for imple-
high seas bottom fishing to prevent signifi-
on those who propose a specific activity
menting the ecosystem approach. To do
cant adverse impacts, or not to allow it to
to show that it will not cause significant
this there is a need to improve under-
proceed. Implementation of the impact as-
adverse impacts and that management
standing of the human dimension of
sessment process required under UNGA
measures are in place to prevent such
ABNJ, including the use of ocean space,
61/105 has been uneven to date, under-
impacts. Responsible parties should be
intensity, spatial and temporal extent,
scoring the importance of a global review
liable for environmental harm;
and impacts through, e.g., information
process to spur performance improvements.
· To ensure that EIAs are more than just
systems that integrate spatially refer-
In May 2008, the Parties to the CBD
a sectoral instrument, ensuring the
enced environmental data, stakeholder
adopted a decision calling for the creation
assessment process allows for consider-
uses, and jurisdictional boundaries.
of scientific and technical guidance for EIAs
ation of cumulative impacts;
There is also a need to anticipate the
and Strategic Environmental Assessments
· Prior assessment and regulation under
role of new and expanding uses of
that can build on experience at the national,
conservation and management meas-
oceans.
regional and sectoral level. In October 2008,
ures to prevent significant adverse
· Selection of pilot sites for development
the IUCN World Conservation Congress
impacts should become the sine qua
of a management plan based on the
adopted a motion building on the require-
non for fishing or other activities on the
ecosystem approach. The Global Envi-
ments in UNCLOS and the CBD, as well as
high seas. Bottom fishing and ocean
ronment Facility (GEF) has already
the conditions set forth in UNGA res.
fertilization are already moving in
funded four cases involving ABNJ and
61/105. The World Conservation Congress
that direction.
the subject has been eligible for financ-
motion 43 urges Member States of the
ing for a number of years; however,
United Nations General Assembly to adopt
In order to enhance cross-sectoral coordi-
only very few requests have been re-
a resolution calling on States to:
nation and cooperation and improve
15Vierros, M. Towards the application of the ecosystem approach in the deep and open ocean: Cross-sectoral perspectives. Presentation given during the Workshop on Governance of Marine Areas Beyond
National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore.
16Gjerde, K. Achieving Cross-Sectoral Coordination and/or Initiating Area-wide Environmental Impact Assessment. Presentation given during the Workshop on Governance of Marine Areas Beyond
National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore.
6

---

institutional performance, discussions were
f) Provide for some form of global level
legal framework and emphasized the need
held on the following options:
review of regional and sectoral organi-
for full and effective implementation of ex-
a)Make the UN Open-ended Informal
zations to identify progress and prob-
isting instruments, including available
Consultative Process on Oceans and the
lems as well as to ensure accountability.
principles and tools, and for the strength-
Law of the Sea (ICP) a central coordi-
While the global policy-setting role of the
ening
of
existing
institutions
and
nating body. ICP is a global forum that
General Assembly was recognized, the com-
arrangements and enhanced cooperation
provides broad participation and thus
plementary work of the CBD on scientific
and coordination. Delegations were divided
provides a good starting point. If it does
and technical issues, including in relation
as to whether an elaborated regime was
not improve coordination, it could also
to area-based management and impact
needed within the framework of UNCLOS
reconsider the need for a more elabo-
assessments was also highlighted. Further-
in relation to marine genetic resources or
rate arrangement, such as a new
more, a case study from Vietnam featured
more generally to marine biodiversity con-
institution.
an institutional framework of cross-coordi-
servation
in
areas
beyond
national
b)Allocate one or two days of the ICP to
nation which reflected the complexities of
jurisdiction. Delegations who hold the view
the consideration of the ecosystem ap-
achieving integrated and harmonized na-
that a new international regime was not
proach and integrated activities in the
tional-level management of seas and
needed for marine genetic resources noted
world ocean. All existing global and re-
islands.17
that any such regime might hinder scientific
gional organizations could be invited to
research and innovation and would be dif-
present their views, issues, and con-
Establishing New Management
ficult to monitor and enforce. Several
cerns after which these organizations
Institutions or Enhancing Existing
country delegations highlighted the need
would go back to governing bodies to
Institutions to Govern Marine Areas
for further consideration of intellectual
discuss responses. The allocated days
property rights relating to marine genetic
Beyond National Jurisdiction
would be in addition to, not instead of,
resources beyond areas of national jurisdic-
With regard to the "most cross-sectoral"
focused discussions at the ICP on
tion.19
end of the institutional capacity continuum
specific topics.
Greenpeace has put forward a draft imple-
(Figure 1), there was no opportunity at the
c) Enhance coordination and cooperation
mentation agreement to elicit what
Singapore meeting to discuss in detail op-
through direct mechanisms such as mu-
elements are needed and what text could be
tions such as expanding the mandate of the
tual participation by regional seas and
drawn upon, and to show that an imple-
International Seabed Authority, creating a
regional fisheries organizations in each
menting agreement for the conservation
new Global Programme of Action, estab-
other's meetings and the development of
and management articles of UNCLOS is
lishing a Stewardship Council, or using the
memoranda of understanding with and
achievable. The agreement is to be estab-
UN Trusteeship Council. Discussion of
between regional and global conserva-
lished to coordinate and oversee ABNJ and
these options was deferred for future meet-
tion and sectoral organizations.
high seas issues and address the major gaps,
ings to be organized by the Global Forum.
d)Strengthen regional seas organiza-
and will comprise an intergovernmental
Nevertheless, analysis of some of these op-
tions/arrangements and extend their
process and a broader involvement of stake-
tions was contained in some of the
coverage and mandate into areas be-
holders including the private sector.20,21
workshop materials put together for the
yond national jurisdiction, where they
Such an agreement, which should be
Singapore workshop.18
do not already apply, and, where neces-
founded upon previously established ocean
There was discussion, instead, of the possi-
sary, establish new ones.
principles, needs to involve regional and
ble value of creating an implementing
sub-regional organizations.
e)Establish a common set of principles
agreement to UNCLOS addressing major is-
and objectives to provide an appropri-
The draft agreement builds on the UN Fish
sues in the management of marine areas
ate environment for cooperation. The
Stocks Agreement, which categorically in-
beyond national jurisdiction.
mandates of sectoral organizations may
cludes fisheries within the scope of the
need to be broadened to incorporate
At the second meeting of the UN Ad Hoc
agreement, reflecting a current perception
common environmental principles and
Working Group in 2008, delegations gener-
that fisheries are among the primary causes
objectives. Incentives and funding can
ally
recognized
that
there
were
of damage to biodiversity in areas beyond
also help.
implementation gaps in the international
national jurisdiction. The elements of the
17Nguyen Chu Hoi. Case study presented on the Vietnamese perspective on integrated management of coasts and oceans, including the high seas. Presentation given during the Workshop on Governance
of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore.
18Warner, R. Options to Strengthen the Environmental Regulation of Marine Genetic Resource Exploitation in Areas beyond National Jurisdiction. Paper prepared for the Workshop on Governance of
Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore.
19Joint Statement of the Co-Chairs of the Second Meeting of the UN Ad Hoc Open-Ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological
diversity beyond areas of national jurisdiction, April 28-May 2, 2008, New York. Available: http://daccess-ods.un.org/access.nsf/Get?Open&DS=A/63/79&Lang=E
20Currie, D. The draft Greenpeace Implementing Agreement. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy
Options, November 3-5, 2008, Singapore.
21Greenpeace. Suggested Draft High Seas Implementing Agreement for the Conservation and Management of the Marine Environment. Available:
http://www.greenpeace.org/raw/content/international/press/reports/suggested-draft-high-seas-impl.pdf
7

---

text provide a model implementing agree-
commercial application, the types of prod-
poses and for the benefit of mankind as a
ment for the conservation and management
ucts developed and marketed by MGRs, and
whole.. It is important to note that whether
articles of UNCLOS with respect to biodi-
the types of benefit-sharing agreements (if
or not "bio-prospecting" is an activity which
versity on the high seas. The authors noted
any) that have been developed. The United
falls under the definition of marine scien-
that, where possible, the provisions of the
Nations University­Institute of Advanced
tific research and thus falls under the
draft agreement, referenced throughout,
Studies has developed an online database
provisions of Part XIII, or is governed by the
were taken or adapted from current regional
tool, Marine Bioprospector, to provide in-
Convention's regime of exploitation of re-
and international treaties and instruments.
formation about bioprospecting activities in
sources beyond national jurisdiction,
The text was provided by way of suggestion
Antarctica, the Pacific Island countries, ma-
remains an issue with divergent view-
and is subject to correction and clarification
rine areas, and the Arctic.23 Information on
points.24
as needed.22
deep seabed genetic resources remains dif-
Intellectual property law can be examined
Concerns were expressed that a new imple-
ficult to find due to its commercially
for its relevance in marine genetic resources
menting agreement should address the
sensitive nature, although several biotech-
discovered in areas beyond national juris-
systemic issues associated with the gover-
nology companies are involved in the
diction. Agreements include the Agreement
nance of ABNJ, as well as enable area-based
patenting of deep sea genetic resources,
on Trade Related Aspects of Intellectual
conservation. Existing area-based manage-
product development and collaboration
Property Rights (TRIPS)­Budapest Treaty
ment initiatives such as the SPAMI
with research institutions.
(contains rules on patent criteria, disclosure
(Specially Protected Areas of the Mediter-
The existing legal instruments that apply to
of the invention, and patent owners), the
ranean Interest) and the establishment of
marine genetic resources governance in-
Madrid system (agreement and protocol on
the Pelagos Sanctuary are good examples of
clude the UN Convention on the Law of the
trademarks/downstream intellectual prop-
how ABNJ issues can be addressed within
Sea (UNCLOS) and the Convention on Bi-
erty), and the Paris Convention and Lisbon
the context of existing regional processes
ological Diversity (CBD), as well as other
Agreement (geographical indicators). A
and could serve as models for global
conventions that may inform the discus-
proposed amendment to TRIPS Article 29
processes.
sion. Relevant provisions of UNCLOS
would require that patent applicants dis-
It was concluded that there is a need to
include Parts VII on the high seas, Part XI
close the origin of genetic resources used in
make much better use of existing instru-
on the Area, Part XIII, which addresses ma-
their inventions, evidence that they received
ments and frameworks, although new
rine scientific research, and Part XIV, which
"prior informed consent," evidence of "fair
instruments could be developed as appro-
addresses technology transfer. Under Part
and equitable" benefit sharing, and conse-
priate.
XIII, marine scientific research activities
quences for non-disclosure.25 Issues to
shall not cause unjustifiable interference
consider with this amendment include the
2. Management of Marine Genetic
with other legitimate uses of the sea (Article
definition of "biological resources" and
Resources: Identifying Opportunities,
240), and shall not constitute the legal basis
whether this includes "genetic resources;"
Intellectual Property Issues, Options
for any claim to any part of the marine en-
the scope and extent of disclosure (e.g.
for Access and Benefit Sharing, and
vironment or its resources (Article 241).
mandatory or optional, country of origin,
Governance Gaps
States and competent international organi-
etc.); the effect of non-compliance and
zations are required to `make available by
the consequences on patent applica-
Identifying Opportunities, Intellectual
publication and dissemination through ap-
tions/granted patents/ acquired intellectual
Property Issues, Enhancing Under-
propriate channels. . . knowledge resulting
property rights, for example sanctions or
standing of Values and Processes
from [MSR]' and `actively promote the flow
revocation of patents.26
of scientific data and information and the
Under Article 311, UNCLOS "shall not alter
At present, there is limited detailed infor-
transfer of knowledge resulting from
the rights and obligations of States Parties
mation about marine genetic resources
[MSR], especially to developing States' (Ar-
which arise from other agreements compat-
(MGRs), including in marine areas beyond
ticle 244). States have the right to carry out
ible with this Convention and which do not
national jurisdiction, to inform the policy
marine scientific research in the water col-
affect the enjoyment by other States Parties
debate. This includes the type of MGRs
umn beyond the 200nm Exclusive
of their rights or the performance of their
being collected, the location of MGR col-
Economic Zone and in the Area. Marine sci-
obligations under this Convention." In the
lection, the potential and actual values of
entific research undertaken in the Area is to
present context, what this provision means,
MGRs, the use of the collected MGRs, e.g.
be carried out exclusively for peaceful pur-
in substance, is that UNCLOS and interna-
22Ibid.
23Vierros, M. Status of Marine Biological Prospecting. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options,
November 3-5, 2008, Singapore.
24Salpin, C. Marine Genetic Resources: The Law of the Sea and Intellectual Property Law. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction:
Management Issues and Policy Options, November 3-5, 2008, Singapore. The views expressed in that presentation do not necessarily reflect the views of the United Nations.
25Ibid.
26Sim, A. Implications of Decisions on Access & Benefit Sharing of Genetic Resources on the International Intellectual Property System. Presentation given during the Workshop on Governance of Ma-
rine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore
8

---

tional instruments related to IP law are
Any new approach to access and benefit
developments
post-HGP
have
been
compatible, insofar as compliance with the
sharing frameworks for marine genetic re-
premised on the following overarching
latter instruments does not alter the exer-
sources beyond national jurisdiction must
principles: (1) Fostering free exchange of
cise by a State of its rights and performance
take into account ecological, climatic, and
data, information and materials and (2)
of its obligations under UNCLOS.27
transboundary issues. Moreover, proximate
Fostering responsible patenting and licens-
There is a considerable nexus between the
States should be involved in the design and
ing strategies that support further basic
objectives of UNCLOS and intellectual
implementation of any ABS framework,
research.
property law. Despite this nexus, questions
with a focus on joint management, research
Existing efforts, regimes and conventions
of compatibility between the two areas of
cooperation, and royalty sharing.28
may be used as reference points in the de-
law arise. Questions raised include:
Lessons-learned from the CBD include ac-
velopment of an access and benefit sharing
· Is patenting a claim to the marine
knowledgement that monetary flows are
framework for areas beyond national juris-
environment and its resources?
never guaranteed from access to genetic re-
diction. These include the FAO Global
· Is the degree of confidentiality required
sources. Shorter term in-kind benefits are
Strategy for the Management of Farmed An-
prior to filing for patents in order to
valuable and should be sought. The inter-
imal Resources, the OSPAR Convention, the
safeguard the novel character of an
national community could usefully focus on
Nouméa Convention, the Mediterranean
invention compatible with the require-
defining what UNCLOS means by MSR in
Action Plan, and the Intergovernmental
ment for dissemination and publication
the Area being undertaken for the "benefit
Oceanographic Commission. An ideal pack-
of data and research results?
of (hu)mankind as a whole." In addition to
age of tools for ABS would involve codes of
in-kind benefits outlined in Part XIII, em-
conduct and databases, as well as compila-
As discussed in the Workshop, patenting
phasis could be placed not only on physical
tion of and lessons derived from best
does not constitute a claim of ownership to
access to the samples and materials, but ac-
practices with ABS. Any international access
the marine environment or its resources,
cess to associated genomic, proteomic and
and benefit sharing arrangements should
but instead a claim to the exclusive use of
metagenomic information in publically ac-
not adversely impact efficiency and integrity
such resources for a limited period of time.
cessible databases.29
of the intellectual property system.
The issue of dissemination and research is
largely an issue of implementation and there
An issue to explore is the extent to which
Some countries have been experimenting
are avenues within the patent system itself
the international community already has ac-
with various approaches to access and ben-
to ensure an implementation that is consis-
cess to biological samples and associated
efit sharing related to marine genetic
tent with the relevant provisions of
databases. A related issue is determining
resources. For example, the Seychelles has
UNCLOS. The need for studies on how
current practice of the MSR community to
participated in some ad hoc bio-prospect-
patent law instruments have been imple-
place information in the public domain (e.g.
ing in collaboration with external partners,
mented in relation to marine genetic
InterRidge). Possible obstacles to sharing
including the Venter Global Sea Collection
resources from areas beyond national juris-
samples and information include the nature
project. A number of patents based on sam-
diction was highlighted.
It was also
of scientific research today: scientific com-
ples collected in the Seychelles have been
proposed that the possibility of using other
petition and the associated need to publish,
filed, on which the Government and people
types of intellectual property, such as trade-
transaction costs to providing information
of the Seychelles have no say. A second ex-
marks
and
geographical
indications
and materials to others, commercial
ample is the joint project between the
downstream patenting and open source li-
interests for confidentiality and intellectual
University of the Philippines Marine Sci-
censing, be further studied and considered.
property rights. Governance mechanisms to
ence Institute (UP-MSI) and the University
ensure sharing include community best
of Utah (Pharma Seas Drug Discovery Pro-
Relevant Experiences with and Options
practice, etiquette and peer pressure, fund-
gram), which was a cross-departmental
for Access and Benefit-Sharing
ing agency (public or private) con-
collaboration. The UP-MSI has a six-year
ditionalities, governmental policies and law
program with aims to develop marine ge-
The current policy framework for access
and international organizations working to
netic resources, including anti-infective
and benefit sharing (ABS) is represented by
harmonize practices across countries (e.g.
agents from sponge-associated marine mi-
the related regime being negotiated under
UNESCO/IOC). Lessons can be learned and
croorganisms (for TB, S. aureus infections,
the Convention of Biological Diversity
principles adapted from other scientific sec-
possibly HIV) and anti-pain agents from
(CBD), while the Law of the Sea (UNCLOS)
tors such as the fields of genomics and
turrid snails. Although this is a local effort,
does not contain regulatory measures for
proteomics in relation to public health (e.g.,
the knowledge gained by UP-MSI can be ap-
ABS for deep seabed genetic resources.
Human Genome Project (HGP)). Policy
plied to policy formulation related to
27Salpin, C. Marine Genetic Resources: The Law of the Sea and Intellectual Property Law. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction:
Management Issues and Policy Options, November 3-5, 2008, Singapore.
28Payet, R. Access and Benefit Sharing of Genetic Resources in Seychelles. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and
Policy Options, November 3-5, 2008, Singapore.
29Glowka, L. Some Considerations on Marine Genetic Resources Beyond the Limits of Any National Jurisdiction. Presentation given during the Workshop on Governance of Marine Areas Beyond
National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore.
9

---

marine genetic resources. The UP-MSI proj-
ture generations. Under this public trust,
tries, as well as areas beyond national juris-
ects, and generally other local research
open access to ABNJ resources would con-
diction. Such experimentation in regional
initiatives in the Philippines, also demon-
tinue but those who exercise that access
areas could entail, for example: Applying
strate a willingness of the country to be
must do so subject to rules for sustainable
particular ocean governing principles to the
involved and trained in international ocean
management adopted by regional seas stew-
regional area; assessing the status of marine
and MGR research, it also is an example of
ards. Users would also potentially make a
biodiversity; determining patterns of
capacity building especially in weak areas,
contribution based on a small percentage of
human use; identifying conflicts among
e.g. taxonomic and population genetics re-
their profits derived from ABNJ resource ex-
uses
and
between
users
and
the
search.30
ploitation to a global oceans trust or its
environment, including biodiversity; em-
regional seas delegates for ongoing protec-
ploying Environmental Impact Assessment;
Addressing Governance Gaps
tion and preservation of the marine
establishing marine protected areas in cer-
A range of options exist for addressing the
environment.
tain areas in need of special protection;
governance gaps related to the management
An analysis of the geographical and regula-
study and inventory of the marine genetic
of marine areas beyond national jurisdiction
tory coverage of Regional Fisheries
resources of the regional area; establishment
and marine genetic resources, from broad
Management Organizations and Arrange-
of appropriate access and benefit-sharing
governance options in which MGR issues
ments (RFMO/As) and Regional Seas
arrangements to exploit the marine genetic
could be tied to regional approaches to spe-
Conventions revealed large geographical
resources of the regional area; establishing
cific arrangements for just MGRs. The
gaps exist in the coverage of regional in-
appropriate compliance and enforcement
current legal and institutional regime for
struments. Where such instruments exist,
mechanisms.
marine areas beyond national jurisdiction is
they provide an opportunity to continue
Participants underscored the benefits that
fragmented and incomplete, resulting in
moving forward in the short-term with the
such regional experimentation could bring
limited effectiveness in securing sustainable
application of modern management and
to global debates over improved governance
conservation and use of marine areas be-
conservation measures. More extensive re-
of marine areas beyond national jurisdic-
yond national jurisdiction, its resources and
liance on regional instruments would
tion, for example, practical demonstration
biodiversity. Effective protection of these
require expanding their coverage and/or es-
of which approaches may work well and
areas will require a more integrated gover-
tablishing new Regional Seas agreements or
which may not; understanding of how ex-
nance structure.
RFMO/As. Coordination among regional in-
isting sectoral processes might be better
The central challenge for governance of
struments is challenging, making coherent
coordinated and enhanced to achieve cross-
areas beyond national jurisdiction stems
global action using regional measures more
sectoral integrated management; practical
from the nature of this area as an open ac-
difficult.
learning of how the marine genetic re-
cess area with equal rights of users and
Participants concluded that measures at
sources might be identified, inventoried,
exclusive Flag State jurisdiction. The free-
both global and regional levels will be
and benefit-sharing established; legal and
dom of the high seas leads inexorably to the
needed to move toward ecosystem-based
policy issues that might arise in the appli-
tragedy of the commons and Flag State ju-
management of marine areas beyond na-
cation of area-wide Environmental Impact
risdiction is ineffective in halting this
tional jurisdiction.
Assessment, development of a management
tragedy.
plan, and establishment of marine protected
3. Encouraging Experimentation on
areas; problems that may arise in coordi-
In view of the limitations in the current
Ecosystem-Based Management in
nating the actions of multiple sectoral
ABNJ regime, it is arguable that the time has
Areas Beyond National Jurisdiction in agencies regarding joint monitoring and
come for an integrated and comprehensive
Regional Cases through Global Envi-
compliance.
regulation of all uses and activities in the
ronment Facility Support
common interest of all States. It may be pos-
Participants urged the Global Environment
sible to devise a regime which straddles the
In recognition of the fact that developing
Facility to consider providing financial sup-
divide between the open access and com-
global rules to enhance ecosystem-based
port for such experiments to test the
mon heritage of mankind principles in a
management of areas beyond national
feasibility of applying ecosystem-based
way which protects the common interests
jurisdiction and to improve existing sectoral
management to regional areas which may
in resources and the common concern of
processes will take considerable time, par-
include areas of national jurisdiction, large
humanity for the protection and preserva-
ticipants underscored the importance of
marine ecosystems shared by various coun-
tion of the marine environment.
encouraging
experimentation
at
the
tries,
and
areas
beyond
national
jurisdiction. In selecting such regional
Common ground might be found in the
regional level of ecosystem-based ap-
cases, the GEF might consider such factors
concept of areas beyond national jurisdic-
proaches to manage particular areas which
as the following: Areas of special signifi-
tion as a public trust to be used for and
may encompass national jurisdiction, large
cance for restoring and sustaining coastal
managed in the interests of present and fu-
marine ecosystems shared by various coun-
and marine fish stocks and associated bio-
30Eguia, M.R. Perspectives on the Role of Developing States in the Sustainable Use and Management of MGRs in Global Oceans. Presentation given during the Workshop on Governance of Marine Areas
Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore.
10

---

logical diversity as well as areas particularly
Portfolio supported 165 GEF Council-ap-
an understanding of the governance needs
affected by climate change; areas of special
proved projects involving 147 recipient
in terms of national and regional institu-
interest to developing countries for their
countries and 22 industrialized countries
tional structures, human resources, political
sustainable development, including ex-
with $1.13 billion in GEF grants and $4.68
agreements,
fiscal
demands,
etc.34
ploitation of fisheries and marine genetic
billion in co-financing.32 A major part of the
Ocean/climate processes in areas beyond
resources; areas in which national authori-
International Waters Portfolio has been the
national jurisdiction which significantly af-
ties have collaborated cross-nationally
funding of 17 Large Marine Ecosystems in-
fect the LMEs could be effectively managed
through Large Marine Ecosystem Pro-
volving 126 collaborating developing
through an ecosystem approach in collabo-
grams31 and where the areas of high seas
countries. In addition to the GEF Interna-
ration with the many regional organizations
directly affect ecosystem health and func-
tional Waters Portfolio, two other relevant
in the region. Discussion also centered
tion within the LMEs; areas in which
GEF focal areas--the GEF Biodiversity
around the possibility of coordinating with
national and regional authorities have a
Focal Area and the Climate Change Focal
the Republic of Mauritius and the Republic
demonstrable interest in such experimenta-
area--are of relevance to areas beyond na-
of Seychelles regarding the continental shelf
tion and have the capacity to learn from the
tional jurisdiction as well.
area lying beyond 200 nautical miles in the
experimentation and to draw lessons for
Workshop participants encouraged the de-
region of the Mascarene Plateau in respect
scaling up and for application in other re-
velopment of a new GEF program on marine
of which Mauritius and the Seychelles made
gional areas. It was noted that the Global
areas beyond national jurisdiction, which
a submission to the Commission on the
Forum on Oceans, Coasts, and Islands is
could be included under the next funding
Limits of the Continental Shelf.
well suited to playing a technical assistance
period, GEF 5 (2010-2014). The GEF re-
role in these efforts by linking the regional
OSPAR Region
plenishment process for its next phase of
experiments with each other and with
activities33 has just started and is expected to
The OSPAR Commission is considering the
global discussions of approaches, tools, and
be completed by December 2009.
inclusion of areas of the OSPAR maritime
methods that might be applied and of pos-
area beyond the limits of jurisdiction of
sible legal and policy implications, and by
Workshop participants discussed a number
coastal states as components of the OSPAR
drawing the attention of UN-level global
of regional cases where fruitful experimen-
network of Marine Protected Areas (MPAs).
discussions on areas beyond national juris-
tation
on
applying
ecosystem-based
WWF, Portugal and the Netherlands have
diction of the results and lessons learned
approaches to regional areas combining na-
proposed a section of the Mid-Atlantic
from the regional experiments.
tional jurisdiction, large marine ecosystems,
and areas beyond national jurisdiction
Ridge/Charlie Gibbs Fracture Zone as an
The Global Environment Facility is the
could take place, as noted below.
OSPAR area of interest for establishing an
major international financial mechanism
MPA, located beyond the limits of national
supporting developing country action
GEF/UNDP Algulhas and Somali
jurisdiction of the coastal states in the
under global environmental treaties (United
Current Large Marine Ecosystems
OSPAR maritime area and Canada. The site
Nations Convention to Combat Desertifica-
Project
proposed is also outside the potential Ex-
tion, Convention on Biological Diversity,
tended Continental Shelf of Iceland and
United Nations Framework Convention on
The GEF/UNDP Agulhas and Somali Cur-
Greenland (according to Part IV, Art. 76 of
Climate Change, and Stockholm Conven-
rent Large Marine Ecosystems Project aims
UNCLOS). A roadmap for further work on
tion on Persistent Organic Pollutants).
to formulate, adopt, and implement effec-
the establishment of this MPA is defined for
Since 1991, the GEF has supported action
tive and sustainable Strategic Action
2008- 2009 setting out a critical path of
by 177 member countries through what is
Programmes for the two LMES by looking
considerations and steps to be taken with a
now a $3 billion trust fund. The GEF Inter-
at their: 1) Productivity; 2) Fish and Fish-
view to considering for possible adoption of
national Waters program, which responds
eries; 3) Ecosystem Health and Pollution;
MPAs in ABNJ at the OSPAR Ministerial
explicitly to Chapters 17 and 18 of Agenda
4) Socioeconomics; and 5) Governance.
Meeting in 2010, including liaising with
21, addresses area-based management of
Work on the first three areas will provide
other competent authorities, scientists and
transboundary, multi-country water sys-
the scientific foundation and justification
other stakeholders.35
tems, including coasts, oceans and adjacent
upon which to confirm the extent and
basins, transboundary surface water basins,
boundaries of the ecosystems (as well as
Coral Triangle/French Polynesia
and groundwater basins. In the period
identifying the processes which define those
The Coral Triangle, sometimes referred to
1992-2008, the GEF International Waters
ecosystems). The last two areas will provide
as the "Amazon of the Seas," is the epicen-
31Large Marine Ecosystems provide a framework for ecosystem-based approaches to management adopted by the GEF in 1995 as an operational strategy for addressing transboundary concerns (Duda
2008, this report).
32Duda, A. GEF International Waters Focal Area and other GEF Opportunities for Addressing Areas Beyond National Jurisdictions. Presentation given during the Workshop on Governance of Marine
Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008, Singapore.
33The GEF replenishment is the process by which donor countries contribute money to the GEF Trust Fund at four-yearly intervals. See GEF Structure and Organization. Available: http://www.gefcoun-
trysupport.org/report_detail.cfm?projectId=140
34Vousden, D. and M. Ngoile. Presentation given during the Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options, November 3-5, 2008,
Singapore.
35Johnson, D. Update on OSPAR activities regarding the governance of marine areas beyond national jurisdiction to the Global Forum, October 2008.
11

---

ter of marine life abundance and biodiver-
Group 1: Building Enhanced
tal, social, economic and cultural stand-
sity on the planet, holding more than 75%
Understanding of Values and
points. A proposal was made to develop an
of the known coral species and over 3,000
Processes and Options for Benefit-
ethics charter on ocean uses. Codes of con-
species of reef fish. This regional case could
Sharing Regarding Marine Genetic
duct could include access and benefit
involve the development of networks of ma-
Resources
sharing provisions. Vital was the need to en-
rine protected areas in the large marine
sure that marine scientific research was not
Participants noted that a pre-condition for
ecosystem stretching from the Solomon Is-
hampered by stringent access and benefit-
progress was the need for a realistic assess-
lands to French Polynesia and the
sharing measures. Adequate incentives are
ment
of
ocean
assets
and
the
development of rules and guidance for ex-
also needed to ensure the continuation of
demystification of the issue of the potential
ploitation of marine genetic resources
marine research.
profitability of activities related to MGRs
through regional collaboration among the
from ABNJ. A great deal of information is
At the national level, possible access options
Pacific Island Nations, France, and the
available on the commercialization of prod-
included the use of concessions, licensing,
major regional organizations in the South
ucts derived from MGRs, but a number of
and user fees, although caution was ex-
Pacific -- the Pacific Islands Forum, Forum
participants did not think the information
pressed about the use of access fees.
Fisheries Agency, SPREP, SOPAC, the Sec-
currently available was sufficient for in-
Certainly, learning from experiences and
retariat of the Pacific Community. The
formed decision-making by states. In line
mechanisms developed in other fora for ad-
Coral Triangle Initiative (CTI) has received
with a precautionary approach, some par-
dressing ABS would be useful, bearing in
funding and support from the GEF, national
ticipants considered that, in any case, the
mind that such experiences may not always
governments, the Asian Development Bank,
lack of information should not prevent
be applicable to marine resources in ABNJ.
and partner NGOs ­ World Wildlife Fund,
states as well as the international commu-
The view was expressed that the ABS provi-
The Nature Conservancy and Conservation
nity from taking action.
sions of the CBD were unlikely to work for
International.
marine genetic resources from ABNJ. But
The need to move beyond discussions on
important lessons could be learned from ex-
The Arctic
ownership of the resources was highlighted,
periences at the national and local levels,
as was the need to separate the issue of ac-
As the sea ice melts in the Arctic, there is a
including the possible development of
cess to MGRs from that of benefit-sharing.
concern about the need to manage this re-
model contracts for ABS. Different views
It was noted that there is no international
gion, especially the areas beyond national
were expressed on whether new mecha-
consensus on whether there should be ben-
jurisdiction, through an ecosystem ap-
nisms or institutions were necessary to
efit-sharing with regard to marine genetic
proach, to insure that forthcoming
manage ABS. The need to ensure buy-in
resources from ABNJ.
development--involving, among others,
from all players and stakeholders, in partic-
offshore oil and gas, new shipping routes,
The UNCLOS objective of equitable and ef-
ular markets and the public, was
and greater population concentration, is
ficient utilization of ocean resources was the
highlighted, as was the need for input from
carried out with due care for this vulnerable
starting point and framework for any bene-
different agencies, international organiza-
region.
fit-sharing discussion. There was agreement
tions, investors, and donors.
that before considering modalities for ben-
4. Participant Break-out Session
The session identified a number of activi-
efit-sharing, it was necessary to first identify
Outcomes
ties that could be undertaken in relation to
the types of benefits to be shared, financial
identifying opportunities, understanding
and in-kind, as well as direct and indirect, in
Two break-out sessions covered the follow-
values and processes, as well as options for
particular since different benefits may call
ing
themes:
1)
Building
enhanced
access and benefit-sharing. The group con-
for different sharing regimes. Benefits in-
understanding of values and processes in
sidered that those activities should not be
clude, for example, ecosystem services,
marine genetic resources; 2) Options for
prioritized but, instead, could be under-
goods, access to new drugs, information ex-
benefit-sharing of marine genetic resources;
taken simultaneously on parallel tracks;
change, sharing of experience, education,
and 3) Addressing governance gaps in areas
hence they did not separate them in short
capacity building, transfer of technology,
beyond national jurisdiction. The first
or long-term measures.
partnerships, etc. The range of benefits out-
group concentrated on clarifying the issues
lined in the Bonn Guidelines on Access and
The following ideas were proposed:
and demystifying some of the language and
Benefit Sharing could provide a useful ref-
concepts related to marine genetic re-
erence point.
Start at micro-level (local, national)
sources. The second group developed a
and scale up to the macro-level (re-
series of options and recommendations for
Participants stressed that the ability to ben-
gional, ABNJ):
improvement of governance of marine areas
efit from the resources should be
· Develop ABS systems for MGR at the
beyond national jurisdiction, both for the
accompanied by an obligation to share the
national level
short, medium, and long-term, with a spe-
cost of protecting those resources. The ben-
cial emphasis on marine genetic resources.
efits
should
be
generated
through
· Consider the development of regional
sustainable activities from the environmen-
ABS plans
12

---

· Undertake pilot projects to develop ABS
· A Global Statement on Basic Principles
to consider why the gap is there and design
systems; including using LMEs (explor-
(perhaps feeding into codes)
actions accordingly. Capacity building is
ing the possibility for GEF funding for
· Adopt a precautionary approach
also important in this regard.
such pilots)
UNCLOS, problematically, provides no op-
Institutional arrangements
erational coordinating mechanism (except
Clarification of what benefits are
· Convene an Expert Panel to develop
the UNGA) through which the interna-
International discussions would benefit
guidelines on the exploitation of MGRs
tional community can set common
from a process that clarifies what the realis-
(not country-based, not UN-based),
standards across various regional and sec-
tic potential benefits from MGRs actually
with a clear, focused mandate: to be
toral governing bodies. As a result, new
are. These common elements could then be
held possibly on the margins of the UN
instruments (e.g. binding or non-binding
fed into the formal processes at the UN
Ad Hoc Working Group, the World
international agreements, agreed principles,
(United Nations Open-Ended Informal
Oceans Conference (May 2009), or the
codes of conduct) and existing processes
Consultative Process on Oceans and the
Global Forum on Oceans, Coasts, and
(e.g. UN Ad Hoc Working Group,
Law of the Sea, UN Ad Hoc Working
Islands Conference (April 2010). At a
UNICPOLOS), perhaps with expanded
Group).
later stage consider whether there
mandates, are needed to provide a basis for
should be a continuous process to ad-
coordinating existing mechanisms and ad-
Research: Undertake further studies
dress these issues.
dressing new and emerging issues in marine
and compile information on the fol-
areas beyond the limits of national jurisdic-
lowing
Group 2: Addressing Governance
tion.
Any
new
instruments
should
· Details of successful public/private
Gaps in Areas Beyond National Ju-
incorporate modern provisions for compli-
partnerships for ABS
risdiction with Special Emphasis on
ance including reporting, performance
Marine Genetic Resources
· Existing commercial uses of MGRs
criteria and review, as well as measures for
· The relationship between the ABS pro-
The group started by seeking a shared un-
noncompliance. It was also noted that gov-
cedure under CBD and the MSR consent
derstanding of governance. In its simplest
ernance mechanisms exist in regional seas
regime under UNCLOS
and most direct form, it could be seen as the
for collaboration between coastal states on
managing proximate areas beyond their
· Intellectual property rights over
devising and execution of policy. Accord-
EEZs where ecosystems extend into these
MGRs, in particular their implementa-
ingly, governance could be seen on a
areas, but seldom extend into open ocean
tion to date
pragmatic basis as a set of tools and/or
mechanisms used to achieve a desired out-
waters.
· Developing/learning from existing tools
come. These can include laws, policies,
for ABS measures (including national
The group developed the following recom-
institutions and procedures that provide the
laws and model commercial contracts)
mendations for addressing governance gaps
basis for implementation, co-ordination, re-
and disseminating them
in marine areas beyond the limits of na-
porting and compliance. Governance has
tional jurisdiction in the short and medium
Education
several dimensions, including considera-
to long-term. These actions are particularly
tions related to scale (national, regional, and
· Publish the panel presentations of ICP-8
relevant to marine genetic resources,
international), time and geographic space,
(modeled on "Ecosystems and Oceans"
though they also have wider resonance.
as well as coordination amongst institutions
publication, prepared following ICP-7)
to achieve coherence and making available
Short-term
· Target various audiences (governments,
scientific knowledge relevant for decision-
public, media, industry, scientific com-
1. As a priority, identify or establish a
making. Governance needs to enable
munity, etc.), with governments as pri-
permanent forum/focal point on ABNJ
implementation. Achievement of the de-
ority targets
issues. This could be done by a number
sired outcome through governance critically
of means:
· Develop accessible policy briefs on the
relies on setting the context for stakeholder
issue for national governments and civil
· Renew and expand mandate of UN
buy-in and participation.
society
Ad Hoc Working Group
For working purposes, a distinction can
· Consider an expanded role for
Developing an ethical approach for
usefully be made between governance gaps­
UNICPOLOS in particular regarding
researchers and industry
a need for new governing mechanisms, and
coordination
implementation gaps ­ whether the imple-
· Corporate Social Responsibility norms
· Adopt a UNGA Enabling Resolution
mentation
of
existing
governance
should encompass ethical exploitation
on means to identify and address im-
mechanisms needs to be improved. It was
of MGRs
plementation/regulatory gaps in UN-
stressed that key was to consider and ad-
· Codes of Conduct for scientists and
CLOS Part VII, XI, XII, XIII and XIV
dress implementation gaps as a first step to
industry
(e.g., seeking clarification of the ISA
identifying why desired outcomes have not
mandate in terms of marine scientific
been reached. In doing this, it is important
research)
13

---

· Use mechanisms that are not formal,
· Use performance review of RFMOs to
Conclusion
such as the Global Forum, to stimu-
apply lessons learned into other
A central feature of the Singapore Work-
late discussion
processes. Work towards creating
shop, consistent with widely accepted
· UN Secretary General designates a
global review for other activities using
approaches to ecosystem-based manage-
high-level liaison to facilitate the
common principles. Create linkages
ment, was agreement on the pivotal role of
process - including MGRs
among RFMOs
effective management by the sectors them-
2. Accelerate the implementation of exist-
6. Improve management of MGRs within
selves and their representative bodies in
ing commitments, both normative and
national jurisdiction
delivering change. At the same time, and
institutional. This could, inter alia, be
7. Encourage stronger coordination
again consistent with broader ecosystem-
through the development of governing
among UN agencies
based management, there was clear
principles or other mechanisms in par-
8. Invite the GEF to expand its work in
recognition that sectoral improvements
ticular to assess and enhance perform-
the high seas with a dedicated program
needed to be complemented and guided by
ance
with funding from its International Wa-
more integrated approaches, which brought
3. Increase scientific research, knowledge,
ters and its Biodiversity areas for its
the sectors together in more cooperative
capacity, and collaboration, as well as
next budget cycle
and coordinated approaches.
access to and utilization of scientific in-
On this understanding, the Workshop was
formation (initially using existing
Medium and long-term
able to focus on `entry points' as to where
mechanisms)
The following activities will help fulfill the
more integrated approaches and mecha-
· Incorporate marine biodiversity into
WSSD goals relating to ecosystem-based
nisms were appropriate and necessary,
the Intergovernmental Platform on
management in areas beyond national ju-
without prejudice to the role of the sectors.
Biodiversity and Ecosystem Services
risdiction:
Two discrete themes emerged: adequate and
(IPBES) process if it goes forward
1. Norms
strengthened UN oceans machinery was
· Develop guidelines or codes of con-
· Move towards institutionalization
needed to help embed coordinated inter-
duct on information sharing
of agreed Principles of High Sea
governmental and inter-agency work; and
· Start the work to identify ecologically
Governance
secondly, and reflecting a significant new
and biologically important areas in
departure, the need to validate and test out
2. Institutions
ABNJ
such integrated entry points at a practical,
· Establish a Special Working Group or
· Develop demonstration programmes
management level. Here the work of the
Committee on MGRs in ABNJ
or projects on marine spatial planning
Global Environment Facility (GEF), with
· Develop a new instrument(s), such as
and other area-based management
its large marine ecosystem (LME) and
an Implementing Agreement
transboundary capacity building work
· Enhance institutional cooperation
· Create a "New" Agenda 21 or joint
could be key. Detailed discussions on ma-
among UN Bodies
plan of implementation for ABNJs
rine genetic resources showed that
· Incorporate climate change and its ef-
· Create IPCC for oceans (if this need
problematic issues of equity and property
fects on ABNJ into broader discus-
is not met by the proposed Intergov-
rights might also be tested in this pragmatic
sions
ernmental Platform on Biodiversity
framework.
· Look at questions that might be asked
and Ecosystem Services process or
from the Global Marine Assessment
Global Marine Assessment)
and draft agenda for future develop-
3. Actions
ment (best tool for science into policy
· Fill governance gaps in high seas sec-
debate)
tors
· Develop guidance on environmental
· Investigate using the public trust idea
impact assessment (EIA) in ABNJ
for governance of ABNJ
· Use this guidance to address activities
· Invite regional seas conventions and
conducted by flag states as well as
arrangements to consider expanding
other states through their nationals
their mandate to include high seas
4. Create a stakeholder process for imple-
issues
menting environmental impact assess-
ments and marine spatial planning in
ABNJ
5. Identify Principles for High Seas Gover-
nance
· Agree on Principles and roadmap for
their implementation
14

---

Annex 1.
LOS) and the meetings of the UNAd-Hoc
provisions for particular issues like marine
Keynote Address by
Open ended Informal Working Group to
genetic resources in ABNJ. The principle of
Ambassador Tommy Koh, Ambassador at Large,
study issues relating to the conservation and
carefully balancing the interests of all nego-
Ministry of Foreign Affairs, during the Workshop
sustainable use of marine biodiversity in
tiating parties was the basis for the
on Governance of Areas Beyond National Juris-
ABNJs held in New York earlier this year.
successful conclusion of UNCLOS. It is im-
diction: Management Issues and Policy Options,
portant to reserve this balance by working
Sharing my experience in negotiating and
3-5 November 2008, Botany Centre, Singapore
within the existing UNCLOS legal frame-
interpreting UNCLOS
work even as new issues emerge. It is a
Distinguished members of the Global
First, let me address the issue of whether
matter of understanding the principles and
Forum, ladies and gentlemen
UNCLOS continues to be adequate to ad-
correctly interpreting the provisions in the
I am very pleased to join you this morning
dress the ocean issues of today such as the
context of the overall agreement.
for this workshop appropriately held in this
use of marine genetic resources in the
Third, on the specific issue of exploitation
wonderful green environment of the Botany
deepsea areas beyond national limits. I con-
and preservation of marine genetic re-
Centre.
sider the Treaty as a comprehensive
sources, it will be useful for `oceans' people
"constitution for the oceans" which was
I am told that the Global Forum brings to-
to appreciate and understand the debate
meant to have a long shelf life. The con-
gether ocean leaders of governments, UN
among `land' people on the exploitation,
vention covers all aspects of the uses and
agencies, NGOs, the private sector and sci-
benefit sharing and preservation of plant
resources of the world's oceans. It respects
ence groups from many countries to
and animal genetic resources. There must
the interrelationships among the different
advance the global oceans agenda, particu-
be important synergies in terms of common
aspects of law of the sea. It treats ocean
larly the implementation of the ocean
objectives and governing principles across
space as an ecological whole. Concerns
targets from the World Summit on Sustain-
organisations such as UNCLOS, CBD, FAO
about the environment surfaced very early
able Development and to address new
and others in this genetics debate. This is
in the negotiations of UNCLOS. Conse-
challenges like climate change. This work-
where I would like to compliment the inte-
quently, UNCLOS has provisions for the
shop however is focused on the governance
grated approach that the Global Forum has
protection of the marine environment
of marine areas beyond national jurisdic-
been taking in trying to build the interna-
alongside provisions for the sovereign rights
tion. Its work aims to promote informal and
tional dialogue on this issue. By building an
of States to exploit their marine resources
multistakeholder dialogue to support for-
informal channel for dialogue among all
within and beyond national limits. All is-
mal processes that have been established in
stakeholders whether governments, scien-
sues relating to the oceans including
the UNGA on the subject. Your premise is
tists, industry, IGOs or NGOs you are
protection and preservation of the marine
that the governance of marine areas beyond
helping to build up knowledge from an in-
environment, marine scientific research and
national jurisdiction is a major issue that
tegrated perspective which can best
development and transfer of marine tech-
countries will need to address and negoti-
promote solutions that carefully balance the
nology were comprehensively covered. The
ate over the next decade.
interests of all parties.
UNCLOS provides a clear legal framework
One key question in the ongoing ABNJ de-
that clarifies the principles and values for
Balancing Economic Development and
bate is whether the existing international
the protection of the marine environment
Protection of Marine Environment - The
conventions, such as UNCLOS adequately
yet remains sufficiently flexible to deal with
Singapore experience
address emerging governance issues on the
new issues of the day. It appears that the
Let me end with a few comments on Singa-
use and exploitation of marine living re-
majority of delegates at UNICPOLOS also
pore's own experience on how it has tried
sources in the deepsea areas as opposed to
remain unconvinced that a new interna-
to maintain its marine biodiversity while at
non-living mineral resources in the deep
tional regime for marine genetic resources
the same time becoming the world's busiest
seabed beyond national limits or THE
in ABNJ is needed.
transshipment port. Singapore's waters har-
AREA for which Part XI of UNCLOS ap-
Second, UNCLOS is a finely balanced pack-
bour more coral species and genera per
plies. As the former President of the
age deal. The Treaty took 10 years to
hectare of reef than there are in the Great
Conference that negotiated the UNCLOS, I
negotiate during which delicate compro-
Barrier Reef. We have achieved this by
am told I might be able to add value to the
mises were arrived at. Countries made
strictly controlling both land and sea-based
workshops' discussions by sharing my ex-
concessions in one area in return for gains
sources of marine pollution. Our guiding
perience and interpretation of what the
elsewhere. The provisions in the Conven-
principle is that protecting the marine en-
UNCLOS negotiators had meant to cover in
tion carefully struck the right balance
vironment,
maintaining
navigational
1982 and if there are now emerging lacunas
between the economic interests of those
freedoms as well as pursuing economic de-
that may necessitate a review.
who wished to exploit the living and non-
velopment are not mutually exclusive. Each
I understand that some of this debate has
living marine resources and those who
of these activities need not be pursued at the
already taken place at the meetings of the
wanted to preserve the marine environ-
expense of the other as long as a careful bal-
UN Informal Consultative Process on
ment. It may be unwise to unravel such a
ance is struck as has been done in the
Oceans and the Law of the Sea (UNICPO-
finely balanced package deal to seek specific
comprehensive framework which UNCLOS
15

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represents. I am pleased to hear that during
Annex 2. Workshop Participants
Prof. Chou Loke Ming
your stay in Singapore, NParks will be of-
Dept of Biological Sciences
fering you several field trips to show some
Workshop Co-Chairs
National University of Singapore
SINGAPORE
of our efforts at preserving our biodiversity.
Dr. Biliana Cicin-Sain, Global Forum on
Dr. Biliana Cicin-Sain
Conclusion
Oceans, Coasts, and Islands
Co-chair and Head of Secretariat, Global Forum on
The immediate and real effects of climate
Mr. David Freestone, World Bank
Oceans, Coasts, and Islands, and Director, Gerard J.
Mangone Center for Marine Policy
change on our oceans and the sustainability
Ambassador Mary Seet-Cheng, Ministry of
College of Marine and Earth Studies,
of its living resources are serious threats to
Foreign Affairs, Singapore
University of Delaware
humanity. Scientists tell us that rising sea
Mr. Eden Charles, Permanent Mission of
USA
levels could wipe out entire countries off
Trinidad and Tobago to the United Nations
Mr. Duncan Currie
the map. Rising water temperatures have
Dr. Salvatore Arico, UNESCO, Co-Chair of
Legal Counsel
the potential to destroy marine ecosystems
the Working Group
Greenpeace International
that may devastate world fishstocks threat-
NEW ZEALAND
ening the world's major renewable food
Workshop Participants
Dr. Hasjim Djahal
resource. The melting of the ice caps may
Dr. Salvatore Arico
Ambassador, Senior Advisor to the Minister
open up new routes for commercial naviga-
Department of Marine Affairs and Fisheries
Programme Specialist, Biodiversity
tion and start a race for the previously
INDONESIA
United Nations Educational, Scientific, and Cultural
inaccessible natural and mineral resources
Organization (UNESCO)
Dr. Duan Fengjun
in the Arctic and Antarctic. These are issues
FRANCE
Research Fellow
that need our attention.
Dr. Miriam C. Balgos
Ocean Policy Research Foundation
JAPAN
But even as we focus on how to protect our
Program Coordinator, Global Forum on Oceans,
oceans and their resources from the ravages
Coasts and Island, and Research Associate,
Dr. Alfred Duda
Gerard J. Mangone Center for Marine Policy
Senior Advisor (International Waters
of climate change, we should do so while
College of Marine and Earth Studies,
The Global Environment Facility (GEF)
protecting UNCLOS' integrity. UNCLOS
University of Delaware
USA
was concluded as a comprehensive package
USA
Ms. Maria Rowena Eguia
that balanced the competing interests of
Dr. Cai Yixiong
Research Specialist
many diverse states. It has served the inter-
Senior Programme Officer,
SEAFDEC Aquaculture Department
national community well over these years
Coastal & Marine Environment Programme Office,
PHILIPPINES
and I am sure that it will continue to do so
National Biodiversity Centr
Dr. David Freestone
in future. We will need to maintain that
National Parks Board
SINGAPORE
Senior Advisor
careful balance by ensuring that States are
Office of General Counsel,
faithful in their interpretation and applica-
Mr. Lucien Chabason
The World Bank
tion of the Convention. That will help
Conseiller de la Direction
USA
Institut du développement durable et des relations
preserve UNCLOS' position as the key in-
internationales (IDDRI)
Ms. Kristina Gjerde
strument that can continue to sustain
FRANCE
High Seas Policy Advisor
international cooperation in safety, security
The World Conservation Union (IUCN)
Mr. Eden Charles
and environmental protection of the oceans
POLAND
Counsellor
and seas.
Permanent Mission of the Republic of Trinidad and
Mr. Lyle Glowka
Senior Legal Advisor
I wish you a fruitful and enjoyable stay in
Tobago to the United Nations
Secretariat of the Convention on Biological Diversity
Singapore.
USA
(SCBD)
Ms. Iris Chen I Zu
CANADA
Special Projects (SP)
Ms. Linda Goh
Ministry of Foreign Affairs (MFA)
Assistant Director (Marine)
SINGAPORE
National Biodiversity Centre
Amb. Mary Seet-Cheng
National Parks Board
Ambassador to Panama and Cuba
SINGAPORE
Ministry of Foreign Affairs
Dr. Nigel Goh
SINGAPORE
Assistant Director,
Mr. Adrian Chew
Coastal & Marine Environment Programme Office,
Senior Assistant Director/Legal Counsel
National Biodiversity Centre
Intellectual Property Office of Singapore
National Parks Board
SINGAPORE
SINGAPORE
16

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Prof. Vladimir Golitsyn
Dr. Rolph Payet
Mr. Chris Tompkins
Judge, International Tribunal for the Law of the Sea
Special Advisor to the President
Independent Consultant
(ITLOS)
Office of the President
UNITED KINGDOM
Professor of International Law
SEYCHELLES
Dr. Marjo Vierros
Moscow State Institute of International Relations
Mr. Martijn Peijs
(MGIMO-University), Ministry for Foreign Affairs
Visiting Professor
RUSSIAN FEDERATION
Senior Policy Advisor
Institute of Advanced Studies,
Marine Biodiversity (International)
United Nations University
Mr. Ho Cheng Huat
Ministry of Agriculture, Nature & Food Quality
CANADA
Executive Vice President
Department of Nature
Dr. David Hugh Vousden
Exploit Technologies Pte Ltd
NETHERLANDS
SINGAPORE
Project Director
Dr. Jean-Francois Pulvenis de Seligny
UNDP/GEF
Mr. Takashi Ichiota
Director, Fisheries and Aquaculture Economics and
Agulhas and Somali Current Large Marine Ecosys-
Ocean Policy Research Foundation
Policy Division (FIE)
tem (ASCLME) Project,
JAPAN
Fisheries and Aquaculture Department, Food and
SOUTH AFRICA
Agriculture Organization of the United Nations (FAO)
Ambassador Tommy Koh
Dr. Robin Warner
ITALY
Ambassador-At-Large, Ministry of Foreign Affairs,
Senior Research Fellow
and Chairman of the Institute of Policy Studies,
Ms. Lorraine Ridgeway
Australian National Centre for Ocean Resources
Singapore
Director General, Policy Division
and Security
Ministry of Foreign Affairs
Department of Fisheries and Oceans
University of Wollongong
SINGAPORE
CANADA
AUSTRALIA
Mr. Christophe Lefebvre
Ms. Charlotte Salpin
Ms. Elvi Wijayanti
European and International Affair
Ocean Affairs and Law of the Sea Officer
Head of Division
French Marine Protected Areas Agency
United Nation Division for Ocean Affairs and the
Research Cooperation and Communication
FRANCE
Law of the Sea (UN/DOALOS)
INDONESIA
Dr. Elissa Lim
Office of Legal Affairs
Ms. Wu Ye-Min
United Nations
Manager
Country Officer
USA
Intellectual Property Management Division
Special Projects (SP)
SINGAPORE
Mr. Alvin Sim Kia Hong
Ministry of Foreign Affairs (MFA)
SINGAPORE
Ms. Elizabeth McLanahan
Deputy Director/Legal Counsel
Legal Policy & International Affairs Department
International Affairs Specialist
Ms. Yang Shufen
(LPIAD),
National Oceanic and Atmospheric Administration
Senior Programme Officer,
Intellectual Property Office of Singapore (IPOS)
(NOAA)
Coastal & Marine Environment Programme Office,
NOAA Office of International Affairs
SINGAPORE
National Parks Board
USA
Mr. Ranjeet Singh
SINGAPORE
Ms. Janot-Reine Mendler de Suarez
Senior Policy Analyst
Mr. Geoffrey Yu
Deputy Director and Project Coordinator
International Department (ID)
Senior Specialist Adviser
The Global Environment Facility International Wa-
Maritime and Port Authority of Singapore (MPA)
Ministry of Foreign Affairs (MFA)
ters Learning Exchange and Resource Network
SINGAPORE
SINGAPORE
(GEF-IW:LEARN)
Ms. Caitlin Snyder
USA
Graduate Research Assistant
Mr. Joji Morishita
Gerard J. Mangone Center for Marine Policy,
Director for International Negotiations
College of Marine and Earth Studies,
International Affairs Division
University of Delaware
Fisheries Agency
USA
JAPAN
Assoc. Prof. Alan Tan
Mr. Olivier Musard
Faculty of Law,
Chargé de Mission
National University of Singapore
French Marine Protected Areas Agency
SINGAPORE
FRANCE
Ms. Tay Lee San
Dr. Magnus Ngoile
Senior Scientific Officer
Policy and Governance Coordinator
Environmental Monitoring and Assessment Unit
UNDP/GEF
(EMAU)
Agulhas and Somali Small Current Large Marine
National Environment Agency (NEA)
Ecosystems (ASCLME) Project
SINGPAPORE
SOUTH AFRICA
Mr. Hiroshi Terashima
Dr. Nguyen Chu Hoi
Executive Director
Deputy Administrator
Ocean Policy Research Foundation (OPRF)
Vietnam Administration for Seas and Islands (VASI)
JAPAN
VIETNAM
17

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About the Global Forum
prepared a number of reports on the implementation of the WSSD
ocean targets, reports on ocean issues in island states for the 2005
The Global Forum is comprised of ocean leaders from govern-
Mauritius International Meeting, and reports on capacity develop-
ments, non governmental organizations, international and
ment needs on ocean and coastal management in 8 world regions;
intergovernmental organizations, the private sector, and scientific
and provided a series of Internet information services, including
associations with the purpose of advancing the global oceans
periodic newsletters.
agenda. "Advancing the global oceans agenda" is meant as: 1) pro-
For information about the Global Forum, please see the Global
moting the implementation of international agreements related to
Forum Website at
oceans, coasts, and small island developing States (SIDS), especially
the goals emanating from the 2002 WSSD; 2) analyzing new emerg-
http://www.globaloceans.org.
ing issues such as improving the governance regime for ocean areas
beyond national jurisdiction; and 3) promoting international con-
ContactInformation
sensus-building on unresolved ocean issues.
For additional information on the Global Forum on Oceans,
The Global Forum was first mobilized in 2001 to help the world's
Coasts, and Islands or to become engaged in Global Forum activi-
governments highlight issues related to oceans, coasts, and SIDS
ties, please contact the Global Forum Secretariat.
on the agenda of the 2002World Summit on Sustainable Develop-
ment, and was later formalized at the WSSD in Johannesburg. The
Global Forum Secretariat
Global Forum is a response to perceived needs for fostering cross-
International Coastal and Ocean Organization
sectoral dialogue on ocean issues among governments, NGOs,
c/o Gerard J. Mangone Center for Marine Policy,
international organizations, and the private and scientific sectors;
University of Delaware
constant advocacy for oceans at the highest political levels; and the
Newark, Delaware 19716, USA
imperative of taking an ecosystem-based and integrated approach
to oceans governance at national, regional, and global levels, in-
Telephone: 1-302-831-8086;
cluding treating the water system--from freshwater, to coasts, to
Fax: 1-302-831-3668
oceans-- as the interlinked system that it is.
Internet: http://www.globaloceans.org
Since 2001, the Global Forum has involved ocean experts repre-
Contact:
senting all sectors from 105 countries; organized four Global
Conferences (in 2001, 2003, and 2006 at UNESCO in Paris, and in
Dr. Biliana Cicin-Sain,
Hanoi, Vietnam in 2008); organized the Ocean Policy Summit in
Global Forum Co-Chair and Head of Secretariat
Lisbon in 2005 documenting experiences with integrated oceans
(bcs@udel.edu)
governance in over 20 countries and 4 regions around the world;
18

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Existing Members, Global Forum Working Group on Governance
of Marine Areas Beyond National Jurisdiction
Co-Chairs
Valentina Germani, UN Division for
Magnus Ngoile, UNDP/GEF Agulhas
Salvatore Arico, Programme Specialist for
Ocean Affairs and the Law of the Sea
and Somali Small Current Large Marine,
Biodiversity, Division of Ecological and
(UNDOALOS)
Ecosystems (ASCLME) Project,
Earth Sciences, UNESCO
Matthew Gianni, Deep Sea Conservation
South Africa
Sivu Maqungo, Minister-Counsellor,
Coalition
Daniel Owen, Fenners Chambers,
Permanent Mission of South Africa to
Kristina Gjerde, The World Conservation
United Kingdom
the United Nations
Union (IUCN)
Jean-Francois Pulvenis de Seligny,
Lyle Glowka, Convention on Biological
Food and Agriculture Organization of
the United Nations (FAO)
Working Group Members
Diversity (CBD)
Rosemary Rayfuse, University of New
Frida Armas-Pfirter, Austral University,
Nigel Goh, NParks, Singapore
South Wales
Argentina
Vladimir Golitsyn, Judge, International
Lori Ridgeway, Department of Fisheries
Miriam Balgos, Global Forum on Oceans,
Tribunal for the Law of the Sea and
and Oceans, Canada
Coasts, and Islands
Professor of International Law Moscow
State University of International Relations
Julien Rochette, High Seas Governance,
Awni Behnam, International Ocean
(MGIMO-University)
IDDRI
Institute
Barbara Hanchard, Pacific Islands Forum
Karen Sack, Greenpeace International
Lucien Chabason, Institut du
Fisheries Agency
développement durable et des relations
Charlotte Salpin, UN Division for
internationales (IDDRI)
Takashi Ichioka, Ocean Policy Research
Ocean Affairs and the Law of the Sea
Foundation, Japan
(UNDOALOS)
Eden Charles, Permanent Mission of the
Republic of Trinidad and Tobago to the
Elie Jarmache, Prime Minister's Office,
Renée Sauvé, Department of Fisheries
United Nations
France
and Oceans, Canada
Thia-Eng Chua, East Asian Seas
David Johnson, OSPAR
Tullio Scovazzi, University of
Partnership Council
Sam Johnston, Institute of Advanced
Milano-Bicocca
Biliana Cicin-Sain, Global Forum on
Studies, United Nations University
Mary Seet-Cheng, Ministry of Foreign
Oceans, Coasts, and Islands
(UNU-IAS)
Affairs, Singapore
Bruno Corréard, Independent Consultant
Kim Juniper, University of Victoria
Norma Taylor Roberts, Ministry of Foreign
and Responsible Fishing Alliance
Lee Kimball, formerly with The World
Affairs, Jamaica
John Dolan, Ocean Policy Research
Conservation Union (IUCN)
Hiroshi Terashima, Ocean Policy Research
Foundation, Japan
Gunnar Kullenberg, Independent
Foundation, Japan
Alfred Duda, International Waters,
Consultant, former Executive Director,
Chris Tompkins, Independent Consultant,
The Global Environment Facility (GEF)
International Ocean Institute
UK
Maria Rowena Eguia, SEAFDEC
Christophe Lefebvre, French Marine
Philippe Vallette, NAUSICAA, France
Aquaculture Department, Philippines
Protected Areas Agency
Marjo Vierros, United Nations University
David Freestone, The George Washington
Jihyun Lee, CBD Secretariat
­ Institute for Advanced Studies
University Law School
Rebecca Lent, NOAA Fisheries
David Hugh Vousden, UNDP/GEF
Anne Frenette, Department of Fisheries
International Office
Agulhas and Somali Current Large Marine
and Oceans, Canada
Eric Mathur, Synthetic Genomics, Inc.
Ecosystem, (ASCLME) Project, South
Africa
Serge Garcia, formerly with Food and
Jennifer Mooney, Department of Fisheries
Agriculture Organization (FAO)
and Oceans, Canada

---

Contact Information
For additional information on the
Global Forum on Oceans, Coasts, and Islands
or to become engaged in Global Forum activities,
please contact the Global Forum Secretariat.
Global Forum Secretariat
c/o Gerard J. Mangone Center for Marine Policy
University of Delaware, Newark, Delaware 19716 USA
Telephone: 1-302-831-8086
Fax: 1-302-831-3668
Internet: http://www.globaloceans.org
Contact:
Dr. Biliana Cicin-Sain
Head of Global Forum Secretariat
E-mail: bcs@udel.edu
Dr. Miriam C. Balgos
Global Forum Program Coordinator
E-mail: mbalgos@udel.edu

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