Speaker: YVES HENOCQUE - IFREMER (INSTITUTE FOR THE SUSTAINABLE DEVELOPMENT OF THE SEA) MARITIME STRATEGY SENIOR ADVISOR - JAMSTEC (JAPAN AGENCY FOR MARINE-EARTH SCIENCE AND TECHNOLOGY) GUEST RESEARCHER - OPRF (OCEAN POLICY RESEARCH FOUNDATION) VISITING FELLOW

1. WHO GOVERNS THE SEA ?
WAYS TOWARD
FUTURE FORMS OF GOVERNANCE
Global Local
Yves Henocque, IFREMER/JAMSTEC/OPRF
Temple University Japan Campus, 4/04/2014

2. The oceans
Surface:
70 % of the earth
Volume:
90% of the earth

3. Ocean: the lifeblood of Earth
Driving weather
Regulating temperature
Supporting all kind of
living and mineral resources
Yet
95% of it remains unknown…

4. Indian ocean
Southern ocean
Pacific ocean
Atlantic
ocean
Arctic ocean

6. 84,000 kms of seamless mountains

7. PROPOSED ABYSSAL PROVINCES (3500-6000m)
Toward a deep ocean observing strategy – Global Ocean Observing System (GOOS)
(From Watling L., et al., 2013)

8. deep ocean ecosystems

10. Down there:
it is cold: 2-4°C,
it is dark,
there is a very high pressure,
But it’s quite alive!
Environmental heterogeneity
Exceptional longevity, slow growth
With all kind of biological adaptation

11. And full of other resources
Oil and gas
Fertilizers
e.g. marine phosphates in Namibia (-400m)
Minerals
Polymetallic sulphides, polymetallic nodules,
cobalt-rich ferromanganese crusts, rare earth mud

12. THE ARCTIC
The Economist Summit 2014:
« Hot to invest or cold feet »
The Arctic race is heating up !

13. INCREASING RED ZONES LEADING TO CUMULATIVE IMPACTS
Source: The Stockholm Resilience Centre www.stockholmresilience.org
• Land-based pollutions
• Overfishing
• Invasive species
• Seawater warming
• Seawater rising
• Oceans acidification
• Climate extreme events
• Ice melting
• Waste disposal
• Seabed mining ??
Cumulated
impacts

14. NON-LINEAR
UNSTABLE
WITH
THRESHOLDS
UNCERTAINTIES
SYSTEM DYNAMIC
« Creative
Destruction »
Plancton populations
Deep seabed communities

15. THE SYSTEM WE ARE LIVING IN: A SOCIAL-ECOLOGICAL SYSTEM
ECOSYSTEMS ACTORS
Drivers of
change
Environmental
processes
Ecosystem
services
Indirect drivers
 Demography
 Économy
 Social & political
 Cultural
 Scientific &
technological
Direct drivers
 Land use
 Introduction &
elimination of species
 Uses and technological
adaptation
 Use of resources
 Climate change
Dynamics
Physics
Chemical
Écological
Interactions
Between
individuals,
populations,
species and
compartments
Fluxes
energy, material,
nutrients,
informations
Provisioning
Regulating
Cultural
Supporting
Individual and social
well-being
Uses&
Users
KNOWLEDGE
communities
Civil society &
public G
O
V
E
R
N
A
N
C
E
Institutions
management practices
(policies, programmes, projects)
Knowledge Governance

16. ECOSYSTEM SERVICES ?
Provisioning: fish, energy, pharmaceutical,
minerals
Supporting: habitat, substrate, nurseries,
refugia, trophic support
Biodiversity: species, genes, enzymes, metabolites,
biomaterials, detoxification, anti-fouling
Regulating: temperature, CO2, nutrient cycling…

17. ACTORS AND GOVERNANCE
The type of governance set the frame within which management happens
MARKET
CIVIL
SOCIETY
Use of space and resources
and accountability
Private goods /Public goods / Commons (local/global)
STATE
Central and
Local governments

18. THE COMMONS ARE NOT PUBLIC GOODS
Common-pool resource:
Natural or human-made resource that everybody uses but nobody owns,
and where one person’s use effects another person’s ability to use the
resource (feudal land law and pre-colonization ‘commons’)
Tragedy vs. wealth of commons
What kind of institutions for collective action ?
Besides the law of market and the rule of State
What are the basic design principles of successful institutions for
managing common-pool resources: fishery, water resources, grazing
ground, internet, the air, scientific knowledge, ocean….
Elinor Ostrom (2009 Nobel Price)

19. GLOBAL COMMONS
Common heritage of mankind (CHM)
Humanity common concern
-Antarctic Treaty (1959)
-Moon Treaty (1979)
- Convention on the Law of the Sea (1982)
- Framework agreement on climate change (1992)

20. BACKGROUND: HISTORY of the LAW of the SEA
As free as the breeze…
1609: Dutch legal thinker, Hugo Grotius, wrote the ‘Mare liberum’
As the air, the sea should be free and open to use by all countries
‘Territorial sea’of about 3 nautical miles from land
All went well till mid-20th century…
Trade and fisheries expansion leading to extended national claims
1958: UN Conference on the Law of the Sea defined the continental shelf
1967: Malta’s Ambassador to the UN, Arvid Pardo, called for
« an effective international regime over the seabed beyond a clearly
defined national jurisdiction »
1971: Draft Ocean Space Treaty
Recognized the unity of the oceans as ecological systems

21. Compromising: better than nothing
1974: the beginning of a long negotiation
where CHM became limited to
the seabed and its resources
1982:
UN Convention on the Law of the Sea
(UNCLOS) is agreed
1994: UNCLOS is ratified

23. Still a very fragmented approach to jurisdiction
despite the irrefutable unity of oceans as ecological systems
Deep sea minerals: UNCLOS - ISA
Fishing: RFMO – FAO
Biodiversity and habitats (EBSAs): CBD
Shipping and pollution: IMO
Land-based pollution and debris: (UNEP)
Waste disposal: London Dumping Convention
Scientific research: Voluntary code of conduct
Cable & pipelines: unregulated
Bioprospecting: unregulated
.........

25. MPA
MPA
PA
Wetlands

27. MOREOVER…..
Universality far from being achieved,
UNCLOS: 166 countries (big absent: USA…)
UN Fish Stocks Agreement: 81 only…
Non compliance by ratifying countries themselves
Territorial waters boundary
Non respect of deep/fragile ecosystems (deep trawling)
Illegal Unreported Unregulated (IUU) fishing
To be adapted to new problems and issues
Conservation of high seas living resources (fisheries subsidies)
Bioprospecting (no existing rules in the high seas)
Climate change and ocean acidification
Drug smuggling, piracy, etc.

29. Since 2010: countries’ re-appropriation move
Requests of continental shelf extension (350 nm)
+ 24 million km² (EEZ+34%)
Why ?
0il and mineral resources: 87% within EEZs
Fishing resources: 90% within EEZs
above the continental shelf

30. INCREASED GLOBAL FISH
PRODUCTION
•
Source: FAO State of the World Fisheries and Aquaculture 2012
Catch per unit effort
Catches composition
Under-estimated

31. INCREASING RATE OF
DEPLETION
52% Fully exploited
20% Underexploited or
moderately exploited
19% Overexploited
8% Depleted
Source: FAO, State of the World Fisheries and Aquaculture 2012
* 1% recovering from depletion
INCREASING RATE OF DEPLETION

32. GLOBAL POPULATION GROWTH & FOOD
SECURITY
•In 2012 global population
is estimated at 7 billion
•In 2012, fish accounted
for between 30 percent to
50 percent of the animal
protein consumed
worldwide
•By 2025, global
population is expected to
grow to 8.5 billion
• Global seafood demand by
2025 would grow by a
further 37 percent to meet
the food security needs of
world
• Where would the fish
come from?
From Martin Tsamenyi, 2013
Global population growth and food security

33. REGIONAL FISHERIES
ORGANIZATIONS
REGIONAL FISHERIES ORGANISATIONS

34. DEAD END ?
OR
A COMPREHENSIVE REFORM
OF
THE LAW OF THE SEA ?
Which vision ?

37. Some first steps towards the vision
• How can we care about something we don’t know ?
Global monitoring system for the oceans
The UN ‘Regular process’ : too limited to a few experts
IPCC-like system is needed: international, consensus-oriented, multi-
stakeholder process for knowledge-based foundation for action and
guidelines for future stewardship of the oceans
• Short-term profit vs. long-term development
Valuing the ecosystem services to be incorporated
into decision-making processes
• Time for Oceans Sustainable Development Goals
• The strengthening of regional ocean governance
Regional Conventions, RFMOs, Biodiversity: Regional Sea Strategies

38. FISHERIES ?
Close the High Seas to Fishing !
To meet the UNCLOS equity, economic, and conservation objectives
provided that:
-gains (which would quickly superate losses) from a HS closure are
attributable to fish spillover into EEZs, thus although not fishing in
the HS, the freedom to fish resources from the HS is maintained
-a portion of the gains from closing HS could be used to support its
enforcement
Outcomes:
-Coordination mechanism across EEZs
-Reduction of the overall exploitation rates
-Protecting a sufficient range of the stock to allow rebuilding

39. We live in an interconnected system
FROM WATERSHEDS TO MARITIME AREAS
Watershed Coastal zone Seas and oceans
Integrated Water
Ressources Management
Integrated Coastal
Management
Regional Seas Management
Ocean Governance
Global governance
Regional seas
Inputs / Impacts / Coastal useLand-use / Water use
Maritime strategy
Ocean Policy
Mitigation / Regulation
Legal & Institutional framework / Stakeholders participation / Implementation / Monitoring
ICM Strategy
Maritime Spatial Planning
Ecosystem-based management
Nested governance approach
Local implementation
Satoyama – Community-based management – Satoumi - Co-management
Integrated coastal management

40. Where State sovereignty is the rule
National/Federal
Ocean policy
Regional/State
Coastal and Marine Strategies
Local/Inter-municipalities
Coastal management initiatives
National/Federal
Ocean policy
Regional/State
Coastal and Marine Strategies
Local/Inter-municipalities
Coastal management initiatives
COUNTRY X COUNTRY Y
Regional sea strategy
(Baltic, North-East Atlantic, Mediterranean, East Asian Seas….)

41. Common heritage of mankind’s design principles
EEZ/High seas boundaries are clearly defined
Rules governing uses are well matched to needs and conditions
All parties can participate in modifying the rules
A consensus-based monitoring system exists (state/practices)
A graduated system of sanctions is used
Parties have access to conflict resolution mechanisms
Appropriation, provision, monitoring, enforcement, conflict resolution,
and governance activities are organized in polycentric forms

42. System thinking -------- Nexus thinking
Thinking in terms of
relationships
connectedness
context
Taking the world as it is and seeking ways
to build on possibilities and dynamics already present
« Hartwell Paper » (2010) about UNFCCC

43. THANK
YOU!