Regional approaches: progress and prospects

1. Regional approaches: progress and prospects IUCN World Conservation Congress, 10 September 2012 Elisabeth Druel, IDDRI

2. WHY LOOKING AT THE REGIONAL LEVEL? Druel, E., Ricard, P., Rochette, J., Martinez, C. (2012), Governance of marine biodiversity in areas beyond national jurisdiction at the regional level: filling the gaps and strengthening the framework for action. Case studies from the North-East Atlantic, Southern Ocean, Western Indian Ocean, South West Pacific and the Sargasso Sea. IDDRI and AAMP, Paris, France, 102 p. Regional level is currently the operational level Progress at the regional level can positively influence discussions at the global level Regional level will have a role to play if an implementing agreement to UNCLOS is adopted

3. The regional approach to the protection of marine biodiversity in ABNJ UNCLOS Article 197: “States shall cooperate on a global basis and, as appropriate, on a regional basis (…) for the protection and preservation of the marine environment, taking into account characteristic regional features”. Regional frameworks include but are not limited to: regional seas conventions, regional fisheries management organisations (RFMOs), regional sectoral instruments – also interactions with global organisations and instruments (IMO, ISA, IWC, CBD…) Aim of the presentation: State of play in five different regions (not exhaustive), Gaps and challenges, Links with the global level.

4. 1. The North-East Atlantic 2009: North-East Atlantic Fisheries Commission (NEAFC) closed five areas in ABNJ to bottom trawling. 2010: OSPAR Commission designated 6 MPAs located in the ABNJ of the North-East Atlantic. 2012: A seventh MPA is adopted. OSPAR limited mandate for the management of MPAs: no regulation of fishing, navigation or deep-sea mining. Engagement in cooperation and coordination with other competent organisations in the region (MoUs, meetings…)

5. 1. The North-East Atlantic Highlighting major challenges: OSPAR network of MPAs not ecologically coherent yet; Cooperation with other international organisations remains difficult: informal meetings and instruments (collective arrangement), need to go through other organisations processes to adopt complementary measures; MPAs and their management plan not legally binding for third parties.

6. 2. The Southern Ocean A unique regional framework: the Antarctic Treaty System (ATS) The Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR): a “quasi-RFMO” 2009: Designation of the South Orkney Islands southern shelf MPA 2011: Adoption of a measure setting up a general framework for the establishment of CCAMLR MPAs 2012: Proposals to designate MPAs in the Ross Sea and in East Antarctica.

7. 2. The Southern Ocean Highlighting major challenges: Objective of CCAMLR to establish a representative network of MPAs by 2012 might not be met; CCAMLR only regulates activities linked to fishing; Cooperation within the ATS still difficult to achieve as well as cooperation with other international organisations such as IMO; Third countries issue not solved.

8. 3. The Sargasso Sea No dedicated RFMO or regional seas convention competent in the region; only the International Convention for the Conservation of Atlantic Tunas (ICCAT) Few global organisations competent: IMO, ISA, CBD, IWC… Sargasso Sea Alliance: partnership led by the Government of Bermuda in collaboration with scientists, NGOs and private donors to secure protection for the Sargasso Sea Use of existing organisations to adopt protective measures. For example, Sargasso Sea submitted as an EBSA, possibility to go to IMO…

9. 3. The Sargasso Sea Lessons learnt from the Sargasso Sea experience: Sargasso Sea example representative of many regions of the world with no RFMO and/or regional seas convention; Even in this case, action can be undertaken: identification of EBSAs, adoption of protective measures by global organisations, signature of MoUs and agreements; But issues remain: third States, difficulty to achieve cooperation, need to have a champion State to make proposals in international organisations, lack of regulation of all human activities…

10. 4. The South West Pacific and the Western IndianOcean More representative from other parts of the ocean, as no framework is in place or is effective to ensure the protection of marine biodiversity in ABNJ; How to ensure protection in these areas? Several options: Expand the mandate of existing regional seas conventions (Nairobi Convention) or revitalise it (SPREP Convention); Use existing alliances and partnerships (Western Indian Ocean Sustainable Ecosystem Alliance / Pacific Oceanscape Framework); Seize the opportunity of the entry into force of new RFMOs (SIOFA/SPRFMO) to raise awareness and develop treatment of these issues

11. Lessons learnt Need to identify a “champion” or leading organisation in each region to enhance the protection of marine biodiversity in ABNJ (OSPAR in the North-East Atlantic, CCAMLR in the Southern Ocean, Sargasso Sea Alliance in the Sargasso Sea…) Cannot simply expand the mandate of conventions: also need to reinforce the framework for action through funding, capacity-building… taking into account regional characteristics Cooperation and coordination is a critical issue: Cooperation and coordination between regional organisations (merging RFMOs and RSCs to facilitate the process?) Cooperation and coordination with global organisations – need for an implementing agreement Another common and critical issue: third and free riders States issue – need for an implementing agreement Regional level is inherently complementary to the global level

12. How to articulate the regional and global levels? The UNCLOS implementing agreement scenario

13. THANK YOU! Elisabeth Druel Institut du développement durable et des relations internationales (IDDRI) Sciences Po 41 rue du Four 75 006 Paris France +33 1 45 49 76 83 Elisabeth.druel@iddri.org www.iddri.org