Download Ocean Governance and Marine Biological Diversity

Ocean Governance and Marine
Biological Diversity
Prof. Nele Matz-Lück,
Walther-Schücking-Institute for International Law, CAU
Prof. Ingvild Jakobsen, Arctic University of Norway, Tromsø
9 January 2017 | 08:30 – 12:00h
16 January 2017 | 08:30 – 12:00h
23 January 2017 | 08:30 – 12:00h
Rationale:
Ocean governance is being discussed as different means to steer human behaviour. Legal
regulations on different levels, economic mechanisms and political decision-making are all part of
ocean governance in a broader sense. Moreover, effective frameworks for achieving a balancing
of different interests, uses and environmental protection depend upon the natural sciences.
International and national decision-making on the exploitation and conservation of marine
resources – living and non-living – can only achieve sustainability, if reliable information on the
state of the environment and a prediction on impacts are fed into the process. In the light of
scientific uncertainty and lack of knowledge the precautionary principle is one instrument that can
be employed to make better choices in the ocean governance process. The seminar seeks to
explore how legal regulation on the international and national level work, what issues are
considered the most pressing when it comes to the protection of marine biodiversity and where
law and science interconnect. An understanding of these issues is important to fields such as
marine conservation, resource exploitation, and other aspects of research. In this course Prof.
Nele Matz-Lück and Prof. Dr. Ingvild Jakobsen (The Arctic University of Norway, Tromsø) presents
and discusses key aspects of the Law of the Sea and the conservation of marine biodiversity. No
prior legal knowledge is required!
Outline:
This course will first give an introduction to international legal governance related to the resources
of the oceans (living and non-living). It is one objective of this course to explain the regulatory
framework of the law of the sea – primarily the UN Convention on the Law of the Sea – for issues
relating to human uses of marine resources and the conservation of marine biological diversity.
Rights over living resources but likewise over hydrocarbons are highly relevant from an economic
perspective. In contrast to the traditional perception that the oceans are vast and free, the law of
the sea divides maritime space including the seabed into different zones. An answer to the
question who has (exclusive) rights over marine resources to a large degree depends upon the
relevant maritime zone.
The lecture will explain the rights of coastal states and third states in the different spaces from the
perspective of biodiversity conservation. One particular focus are the means by which scientific
findings can enter the decision-making process on different levels: from coastal waters to the
deep seabed, which is administered by the International Seabed Authority.
A particular focus will be placed on the establishment of marine protected areas in general and
with particular emphasis on the Arctic. It will be outlined who can establish marine protected
areas, how science interacts with the decision concerning the location and degree of protection of
a marine protectec area. Particular emphasis rests on the establishment of protected areas in the
sensitive environmental of polar waters. To this extent efforts concerning environmental
protection in the Arctic can be contrasted to the recently established large protected area in
Antarctic waters, which was established under the umbrella of a regional agreement.
The last part of the course is reserved to discuss different topics in the realm of the law of the sea
and biological diversity which can be chosen by the participants. To this end, during the first
lecture different options will be presented of which the group can chose 2-3. Reading material will
be distributed on these topics to prepare for a discussion-based seminar. A catalogue of potential
topics for discussion include e.g. deep seabed mining, issues concerning access to and use of
genetic resources, international regulations on whaling, the protection of the environment in
Antarctica, high seas fisheries, the relationship of ocean governance to climate change.