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1 Introduction to Integrated Coastal Area Management 1. Definition of the coastal area The coastal area is the region where land and sea meet. The coastal area is influenced by various activities occurring at the land-sea interface. These activities also determines the width and length of the coastal area, causing it to vary depending on the activity, whether related to harbor and port facilities, gas or oil exploration, fishing, tourism, town or city development, mariculture, and so forth. The coastal zone has a global average width of 60 km (upper figure, Figure 1), varying according to the interaction between marine, terrestrial and socioeconomic factors (lower figure, Figure 2) (Sorensen and McCreary 1990, World Coast Conference 1993, The International Workshop on Integrated Coastal Management in Tropical Developing Countries: Lessons Learned from Successes and Failures 1996, Coastal Management Policy Programme 1998, 1999, Coastal Zone Environmental and Resource Management Project 1999, Cicin-Sain & Knecht 1998, Fabbri 1998). Figure 1. The coastal area, from its seaward boundary to its landward boundary, has an average width of 60 km. Figure 2. The interactions between socioeconomic, political, and natural factors at the coast. The coastal area covers less than 15% of the Earth's land surface, with the inhabited coastal areas covering less than 10% of the Earth’s land surface, yet more than 60% of the world's population are found here (Chua 1993, Olsen et al. 1997, Cicin-Sain & Knecht 1998). The high coastal population density is expected to increase at an average rate of 10.4% per decade, meaning that by 2025 two-thirds of the human population will be concentrated at the coast (Beatley et al. 1994, Olsen et al. 1997). This high and increasing population density is attributed to the presence of highly productive and biologically diverse coastal ecosystems, such as, upwelling systems, mangrove forests, sea grass beds, wetlands, and coral reefs. Population density is also often higher at the coast because of the presence of harbors and coastal development. These factors also characterizes the coastal area as a dynamic area, always subject to change because of the 'struggle' between land and sea, and because of the competition for the finite coastal resources (Cicin-Sain & Knecht 1998). 1.1. Delineation of the coastal area The coastal area forms a band of variable width along the coast. This band has two flexible boundaries, namely an inland boundary and an oceanward boundary. The boundaries of the area will depend on the programmatic and geographic scope of the resource to be managed. For example, the boundaries of a coastal water quality program will be different from that of an offshore oil and gas development (Cicin-Sain & Knecht 1998). 2 Both the inland and oceanward boundaries are determined by physical, administrative, and/or economic factors. Physical factors refer to physical barriers such as coastal mountains, the edge of the continental shelf, a coastal road, a wetland, and so forth. Administrative factors include existing political and legal subdivisions, which are often restrictive, in that it only defines those areas, which have valuable resources that need to be protected and managed. Economic factors refer to the coastal resource under exploitation and the economic benefit derived from it. The resources, such as, ports and harbors, gas and oil, determine the size of the management area (Figure 3-Collage of activities) (Ketchum 1972, United Nations 1982, Sorensen and McCreary 1990, Clark 1992). Figure 3. Collage of coastal activities. It is clear that no single criterion is universally applicable in delineating boundaries for the coastal area, nor can one criterion meet all the requirements for an effective definition of the management area. However, the management area should be clearly defined in a comprehensible manner, and capable of cartographic representation. It should also recognize existing social and political subdivisions, and should contain areas of economic and environmental significance (United Nations 1982). 1.1.1. Inland boundary The inland boundary for coastal area management can be an arbitrary distance (any distance between 100 meters to 10 kilometers) from a tidal mark or could include the entire watershed or catchment basin. The most common inland boundary used in management practice was found by Cicin-Sain and Knecht (1998) to be, that which includes all land use that could affect the resources and waters of the coastal area (Table 1). The most common inland boundary used to be an arbitrary distance from the mean high tide mark (Sorensen and McCreary 1990). This change seems to indicate that there is an increasing awareness that inland boundaries need to be defined considering all factors, and not arbitrarily. 3 Landward Boundary Up to 100 m (0.062 mi.) 100-500 m (0.062-0.311 mi.) 500 m to 1 km (0.311-0.62 mi.) 1-10 km (o.62-6.21 mi.) Extent of local government jurisdiction (e.g. coastal city or county) Watershed Varies according to use Not yet determined Uncertain All Developed Middle Developin g % (n) N=14 Developin g % (n) N=48 % (n) N=14 4 (1.92) 0 (0) 0 (0) 7 (0.98) 0 (0) 0 (0) 7 (0.98) 14 (1.96) 0 (0) 0 (0) 7 (0.98) 0 (0) 8 (3.84) 4 (1.92) 10 (4.8) 4 (1.92) 6 (2.88) 38 (18.24) 19 (9.12) 6 (2.88) 0 (0.00) 50 (7) 21 (2.94) 14 (1.96) 14 (1.96) 36 (5.04) 29 (4.06) 0 (0) 10 (2) 30 (6) 15 (3) 5 (1) % (n) N=20 10 (2) 10 (2) 15 (3) 5 (1) Seaward Boundary Mean low tide or mean high 2 (0.96) 7 (0.98) 0 (0) 0 (0) tide Arbitrary offshore distance from 17 (8.16) 0 (0) 14 (1.96) 30 (6) tidal mark 3-NM territorial sea boundary 6 (2.88) 7 (0.98) 7 (0.98) 5 (1) 12-NM territorial sea boundary 21 (10.08) 36 (5.04) 14 (1.96) 15 (3) Edge of continental shelf 2 (0.96) 0 (0) 0 (0) 5 (1) Limit of national jurisdiction / 8 (3.84) 7 (0.98) 21 (2.94) 0 (0) 200-NM EEZ or fisheries area Varies according to use 23 (11.04) 21 (2.94) 21 (2.94) 25 (5) Not yet determined 15 (7.2) 14 (1.96) 14 (1.96) 15 (3) Uncertain 6 (2.88) 7 (0.98) 7 (0.98) 5 (1) Table 1. Nature of ICM Landward and Seaward Boundaries in Selected Countries (Cicin-Sain and Knecht 1998) The inclusion of the entire watershed as part of the coastal area is often politically difficult. Yet, Cicin-Sain and Knecht (1998) found that 6% of the 48 countries sampled, include the entire watershed as part of the coastal area (Table 1). 4 Nautical Mile A nautical mile is a unit of distance equal to 1852 meters. This value was adopted by the International Hydrographic Conference in 1929 and has been subsequently adopted by the International Bureau of Weights and Measures. The length of the nautical mile is very close to the mean value of the length of 1 minute of latitude, which varies from approximately 1843 meters at the equator to 1861.6 meters at the pole (AUSLIG 1999). Existing administrative or political subdivision boundaries can also serve to define the management area, without having to create new boundaries. These boundaries have often been set on an arbitrary basis. Cicin-Sain and Knecht (1998) found that 26% of the 48 sampled countries use an arbitrary distance ranging between 100 m and 10 km (Table 1). The US State of Massachusetts uses the coastal road closest to the water's edge as the landward boundary. In California the landward boundary is 1000 meters from the shoreline, and in Washington State it is the inland boundary of the coastal county. Whichever means are used to determine the landward boundary, it must be political feasible, administratively workable, and encompass all activities which are to be included in the ICAM program (Ketchum 1972, Cicin-Sain and Knecht 1998). 1.1.2. Oceanward boundary The extent of the oceanward boundary for coastal area management is dependent on (i) the physical characteristic of the offshore system, namely, the continental shelf, and (ii) the different interest national and subnational institutions have in the coastal area. CicinSain and Knecht (1998) found that 23% of the 48 countries they have sampled delineate their ocean ward boundary based on its use. They also found that 21% have a 12 nautical mile sea boundary (Table 1). The first boundary indicates that nations have definite criteria when delineating the coast. The second boundary based on the 12 nautical mile territorial area indicate that they are at least aware of the need to have a an area where they have complete jurisdiction and control, except for the innocent passage of ships. The 12 nautical mile territorial sea will be discussed further in the section called “UNCLOS III (The Third United Nations Conference on the Law of the Sea)”. Cicin-Sain and Knecht (1998) found that 17% of their 48 sampled countries used an arbitrary distance from the tidal mark to set their oceanward boundary (Table 1). The US State of California’s oceanward boundary is arbitrarily set at 3 miles offshore. Arbitrarily defined boundaries are problematic, as there often is no relationship between the coastal area boundary and the physical topography, the location of critical natural systems or the pattern of economic activity (Ketchum 1972, United Nations 1982, Sorensen and McCreary 1990, Clark 1992). Cicin-Sain and Knecht (1998) also found that 15% of their sample has yet to determine an ocean boundary (Table 1). 5 Brazil California (1972-76) Planning California (1972-76) Regulation California (present) Costa Rica China Ecuador Israel South Africa South Australia Queensland Spain Inland Boundary 2 km from MHT Highest elevation of nearest coastal mountain range 1000 yds from MHT Ocean Boundary 12 km from MHT 3 NM from the CB Variable line depending on issues 200 meters from MHT 10 km from MHT Variable line depending on issues 1-2 km depending on resources and environment 1000 meters from MHT 100 meters from MHT 400 meters from MHT 500 meters from the highest storm or tide line 100 meters from MHT Inland boundary of coastal counties 200 ft from MHT 3 NM from the CB 3 NM from the CB MLT 15 meter isobath (or depth) 500 meters from MLT 3 NM from the CB 3 NM from the CB 12 NM (limit of territorial water) 2 km from MLT 3 NM from the CB Sri Lanka Washington State Planning Washington State 3 NM from the CB Regulation Table 1a. Inland and ocean boundaries of coastal area management programs. CB = coastal baseline, is a series of straight lines that interconnect coastal islands, headlands and promontories. It is used to map the oceanward boundary of the territorial sea and the exclusive economic area. MHT = mean high tide, MLT = mean low tide, NM = nautical mile. (Sorensen and McCreary 1990) 1.1.3. Third United Nations Convention on the Law of the Sea (UNCLOS III) The 1982 Law of the Sea Convention and the accompanying 1994 Agreement Relating to the Implementation of Part XI, relating to deep sea-bed provisions, provide a comprehensive framework for governing and managing the use of the world’s oceans (Cicin-Sain and Knecht 1998, Loy 1999). Although UNCLOS III bears mainly on ocean management issues, it is important to integrated coastal management even if only by demarcating the coast and so doing giving ‘ownership’ of the coast to coastal states. The first United Nations Convention on the Law of the Sea, held in 1958, set out to clarify the rights and duties of nations towards the ocean. The participants of this conference made agreements concerning the high seas, the contiguous area, fisheries and the continental shelf, but failed to establish a universal width of the territorial seas. In 6 1960, the second Law of the Sea conference also failed to reach agreement on the issue of territorial seas. The third conference started in 1973, and it differed from its predecessors, stressing a much more unified approach to governing the world’s oceans. Hence, this conference is also referred to as “The Constitution for the Oceans”. This idea was first proposed by Arvid Pardo, the Maltese ambassador to the UN, at the 22nd General Assembly on November 1, 1967. Pardo’s main idea was to preserve the world’s oceans by preserving peace in the oceans, rational use and development of ocean marine resources, and preserving the marine environment (Browne 1997, Fuse 1998, Cicin-Sain & Knecht 1998, Hyvarinen 1999, UNDAOLOS 1999). The third United Nations Convention on the Law of the Sea (UNCLOS III) was adopted on December 10, 1982, after nine years of negotiations, at Montego Bay, Jamaica. The Conference voted 130 in favor and 4 (Israel, Turkey, United States, and Venezuela) against, with 17 abstentions, to adopt the Convention. It would take a further twelve years, on November 16, 1994, for the convention to enter into force after ratification by 60 nations. Currently, 132 states have submitted their instruments of ratification to the UN Secretary-General’s office (Table 2) (Browne 1997, Fuse 1998, Cicin-Sain & Knecht 1998, Hyvarinen 1999, UNDAOLOS 1999). The reason for the lengthy deliberations is directly related to ideas on global ocean governance put forth by Arvid Pardo in 1967. Prior to his address, the oceans used to be exploited mainly by the major coastal nations. Pardo proposed that in order to preserve the oceans through global ocean governance, the major developed nations (often also referred to as the North) should accept the idea that the oceans are the common heritage of mankind. The acceptance of the common heritage of mankind, would make the idea of global ocean governance more acceptable to developing nations (also referred to as the South). The acceptance of both ideas, the common heritage of mankind and global ocean governance, would lead to the establishment of a New International Economic Order (NIEO). Pardo’s ideas were however too radical or idealistic for both the North and the South to accept. The North being reluctant to concede rights and privileges, which they have taken for granted for many years. The South, on the other hand, felt and still feel that the North attained their status as developed countries through unbridled development. They feel that they are also entitled to this freedom, not having to be restricted by environmental or other concerns (Fuse 1998). From Signature to Ratification Explained 1. What does it mean for a country to sign a Convention? Signature constitutes a preliminary and general endorsement of the Convention by the country in question. It is not a legally binding step, but is an indication that the country intends to undertake a careful examination of the treaty in good faith to determine its position towards it. While signing the Convention does not in any way commit the country to proceed to ratification, it does create an obligation to refrain from acts that would defeat the objectives of the Convention, or to take measures to undermine it. 7 2. What are Accession and Ratification? A country can become a State Party to a convention either by ratification or accession. Both of these acts signify an agreement to be legally bound by the terms of the Convention. The difference between accession and ratification is irrelevant because accession has exactly the same effects as ratification. The difference is in the way a country becomes a State Party. Most commonly, a country in favor of a convention signs shortly after it has been adopted, and follows up with ratification when all procedures required by domestic law have been fulfilled. Countries that have not signed can become States Parties through accession to the Convention. 3. What formalities are involved in Ratification and Accession? Both ratification and accession involve two steps. (i) The appropriate organ(s) of the country (whether it be the Parliament, the Senate, the Crown, the Head of State/Government) make(s) a formal decision to be a Party to the Convention in accordance with the relevant domestic constitutional procedures. (ii) The Government (normally the Ministry of Foreign Affairs) deposits the instrument of ratification or accession with the Secretary-General of the United Nations. This means: a formal letter, under seal, referring to the relevant decision, signed by the responsible authority in the country is prepared. This is the instrument of ratification or accession; this document in original is submitted to the UN Office of Legal Affairs in New York. The date of receipt of the document is then registered as the date of ratification or accession for the country in question. The Convention becomes legally binding in the country 30 days after the instrument of ratification or accession has been received (UNICEF 1999). 4. Why should countries become signatories after ratification of a Convention? A country that did not sign or ratify a Convention when it entered into force does not gain any advantage by not being a signatory. Should the non-signatory country become embroiled in a dispute with a signatory country, then, any advantage would lie with the latter. The dispute, if taken to the International Court of Justice, will be settled by the Court using the relevant ratified Convention as its guide to reach a settlement (UNDAOLOS 1999b). The United States and many developed and industrialized countries did not sign or ratify the Convention because of disagreement, mainly on deep sea-bed mining as mentioned in Part XI and Annexes III and IV of the Convention. The United States also objected to the decision-making process of the International Seabed Authority (ISA) Council and 8 Assembly. It wanted to have influence equal to its interest in seabed related issues (Browne 1997, Falk 1998, Fuse 1998). UNCLOS III consisted of three committees. The First Committee dealt with issues related to deep-sea-bed exploitation; the Second Committee focused on the reformation of the traditional law of the sea, including the establishment of the Exclusive Economic Zone (EEZ); and the Third Committee discussed marine environment protection and technology transfer. The “concept of Common Heritage of Mankind” pervaded the First and Third Committees. However, in the Second Committee, nations were more concerned with sovereignty and the rights of the coastal state. Even though, the concept was not accepted by the Third Committee, to include the whole ocean environment, the Convention did succeed in getting participants to accept three articles related to the acceptance and the realization that coastal and ocean problems are closely interrelated and need to be addressed as a whole. Article136 was accepted, stating that the deep seabed and its resources are the common heritage of mankind, Article 192 states that nations are obliged to protect and preserve the marine environment, and Article 301 enshrines the peaceful use of the oceans. Despite this, it should be kept in mind that some of the major developed nations did not accept or participate in the Convention because of these or other parts the Convention (Fuse 1998, UNDAOLOS 1999b). In 1990, UN Secretary-General Javier Perez de Cuellar started consultations among interested governments in order to achieve universal participation to the Convention. In 1992, pressure to make the Convention universally acceptable increased. This was due to numerous factors, but mainly because the Convention was acceptable except for a few articles and universal participation could easily be achieved through further consultations and discussions. Also, the international political climate improved, there was greater acceptance of free market policies, and the number of ratifications was nearing the required 60 needed for the Convention to enter into force (Browne 1997). The Clinton administration announced in April 1993, that it would participate in these consultations in order to negotiate for a change to Part XI of the Convention. On November 16, 1993, the UN Secretary General received the 60th ratification to the Convention. This meant that the Convention would enter into force after a one-year waiting period, that is, on November 16, 1994. On July 28, 1994, the Agreement Relating to the Implementation of Part XI of the United Nations Convention of the Law of the Sea of 10 December 1982, was adopted by a vote of 121 in favor (including the United States) to 0 against, with 7 abstentions and 36 absentees. On October 7, 1994, US President Clinton transmitted to Senate the 1982 UNCLOS and 1994 Agreement relating to the Implementation of Part XI of the UN Convention (Treaty Document 103-39). The 1982 UNCLOS entered into force on November 16, 1994, without US accession. Likewise, the Agreement entered into force on July 28, 1996, without US ratification. However, the United States had provisional membership in the International Seabed Authority (ISA) until November 16, 1998. Currently, the United States participates as an observer at ISA. US accession and ratification to the Convention and Agreement will only follow after Senate approval of the amendments made in the Agreement. As of August 10, 1999, 132 states or entities are have ratified to UNCLOS and 96 states ratified 9 to the Agreement Relating to the Implementation of Part XI of UNCLOS (Browne 1997, 1999, Cicin-Sain & Knecht 1998, Hyvarinen 1999). The 1982 Law of the Sea Convention defines major maritime areas, such as the territorial sea, the contiguous area, the exclusive economic area (EEZ), the continental shelf, and the high seas as shown in Figure 4. This allows coastal states to establish the furthest extent of their oceanward boundary in two ways. The first method measures 200 nautical miles oceanward from the coastal baseline, which is delineated by a series of straight lines interconnecting the nation's headlands, promontories, and islands. The second method uses the maximum extent of the continental margin, which consists of the continental shelf, the continental slope and the continental rise. Thus, a nation uses that measure which gives it the maximum area of jurisdiction. Figure 4. Maritime areas, including the territorial water, contiguous zone, exclusive economic zone and continental shelf. An exception to these measures include countries which are interconnected by the continental shelf, or that has a coastal boundary of less than 400 nautical miles. In either of these cases, the oceanward boundary is usually a midline set at points half the distance between respective coastal baselines of the adjoining nations. These baselines are shown in Figure 5 (Sorensen and McCreary 1990, Environment Australia 1998, Cicin-Sain and Knecht 1998). Figure 5. How baselines are drawn to set a country EEZ, in this case Australia. The United Nations Convention on the Law of the Sea (UNCLOS III) also defines the rights of the coastal state and other states within these boundaries. The Convention is very clear regarding the definition of areas and the rights and duties nations have to the ocean and its resources (Cicin-Sain and Knecht 1998). However, the rights and duties of the coastal state are not always so clear. Coastal nations differ in terms of environment, resources, and administration, and hence differ especially on the landward side to the size of the coastal area (Cicin-Sain and Knecht 1998). The Convention have also been found to be vague and open to different interpretations thereof. The Convention can be the cause of conflict rather than the solution to it. An example of this is the voyage of the Portuguese registered car ferry, Lusitania Expresso, from Darwin, Australia to Dili, East Timor, through the Indonesian territorial waters. Questions surrounding Article 17 of UNCLOS III were raised about ‘innocent passage’ and ‘sovereignty and jurisdiction in the territorial sea’ meant. Although UNCLOS III defines these concepts, it allows the coastal state to subjectively decide whether passage is innocent or not (Rothwell 1992). The seizure of the US-registered fishing vessel, Jeannette Diana, in the exclusive economic zone (EEZ) of the Solomon Islands was also due to different interpretations of Article 64(1), concerned with the fishing of highly migratory species. The problem with UNCLOS III is that it is based on a good faith amongst nations which is unrealistic as each coastal state have different interests in the EEZ and hence different practices in the EEZ. How states are to balance their own interests and world community interests is uncertain. In Article 56 of UNCLOS III it is stated that the coastal state has sovereign 10 rights over the natural resources and limited jurisdiction capacity but not sovereignty in the EEZ. This translates to limited state authority as opposed to general and allencompassing coastal state authority in the EEZ (Juda 1986, Nadelson 1992). States or entities, which have ratified the UNCLOS III, are legally bound to adhere to the regulations of the Convention. This does not necessarily mean that these states or entities have begun to implement ICAM programs. Globally, only 36% (63 out of a total of 177 coastal states) of all coastal states have started to implement ICAM programs (Table 3) (Cicin-Sain and Knecht 1998, UNDAOLOS 1999b). United Nations Convention on the Law of the Sea Part II TERRITORIAL SEA AND CONTIGUOUS ZONE Section 2. LIMITS OF THE TERRITORIAL SEA Article 3 Breadth of the territorial sea Every State has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines determined in accordance with this Convention. (UNDAOLOS 1999b) United Nations Convention on the Law of the Sea Part II TERRITORIAL SEA AND CONTIGUOUS ZONE Section 4. CONTIGUOUS ZONE Article 33 Contiguous Zone 1. In a zone contiguous to its territorial sea, described as the contiguous zone, the coastal State may exercise the control necessary to: (a) Prevent infringement of its customs, fiscal immigration or sanitary laws and regulations within its territory or territorial sea; (b) Punish infringement of the above laws and regulations committed within its territory or territorial sea. 2. The contiguous zone may riot extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured. (UNDAOLOS 1999b) United Nations Convention on the Law of the Sea Part V EXCLUSIVE ECONOMIC ZONE Article 57 Breadth of the exclusive economic zone The exclusive economic zone shall not extend beyond 200 miles from the baselines from which the breadth of the territorial sea is measure. (UNDAOLOS 1999b) United Nations Convention on the Law of the Sea Part VI CONTINENTAL SHELF Article 76 11 Definition of the continental shelf 1. The continental shelf of a coastal State compromises the sea-bed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance. 2. The continental shelf of a coastal State shall not extend beyond the limits provided for in paragraphs 4 to 6. 3. The continental margin comprises the submerged prolongation of the landmass of the coastal State, and consists of the seabed and subsoil of the shelf, the slope and the rise. It does not include the deep ocean floor with its oceanic ridges or the subsoil thereof. 4. (a) For the purposes of this Convention, the coastal State shall establish the outer edge of the continental margin wherever the margin extends beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, by either: (i) a line delineated in accordance with paragraph 7 by reference to the outermost fixed points at each of which the thickness of sedimentary rocks is at least 1 per cent of the shortest distance from such point to the foot of the continental slope; or (ii) a line delineated in accordance with paragraph 7 by reference to fixed points not more than 60 nautical miles from the foot of the continental slope. (b) In the absence of evidence to the contrary, the foot of the continental slope shall be determined as the point of maximum change in the gradient at its base. 5. The fixed points comprising the line of the outer limits of the continental shelf on the sea-bed, drawn in accordance with paragraph 4 (a)(i) and (ii), either shall not exceed 350 nautical miles from the baselines from which the breadth of the territorial sea is measured or shall not exceed 100 nautical miles from the 2,500 meter isobath, which is a line connecting the depth of 2,500 meters. 6. Notwithstanding the provisions of paragraph 5, on submarine ridges, the outer limit of the continental shelf shall not exceed 350 nautical miles from the baselines from which the breadth of the territorial sea is measured. This paragraph does not apply to submarine elevations that are natural components of the continental margin, such as its plateau, rises, caps, banks and spurs. 12 7. The coastal State shall delineate the outer limits of its continental shelf, where that shelf extends beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, by straight lines not exceeding 60 nautical miles in length, connecting fixed points, defined by co-ordinates of latitude and longitude. 8. Information on the limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured shall be submitted by the coastal State to the Commission on the Limits of the Continental Shelf set up under Annex II on the basis of equitable geographical representation. The Commission shall make recommendations to coastal States on matters related to the establishment of the outer limits of their continental shelf. The limits of the shelf established by a coastal State on the basis of these recommendations should be final and binding. 9. The coastal State shall deposit with the Secretary-General of the United Nations charts and relevant information, including geodetic data, permanently describing the outer limits of its continental shelf. The Secretary-General shall give due publicity thereto. 10. The provisions of this article are without prejudice to the question of delimitation of the continental shelf between States with opposite or adjacent coasts. (UNDAOLOS 1999) 1.2. The importance of the coastal area The majority of the world's population lives and works in the coastal area (World Coast Conference 1993). The coastal area is used by humanity for living space and recreation, industrial and commercial activities, waste disposal, food production, natural preserves, and special government activities (Ketchum 1972). However, the primary reason for the concentration of people at the coast must be the presence of productive ecosystems, such as, upwelling systems, mangroves, coral reefs and seagrasses, which provide a large proportion of the world's food production (World Coast Conference 1993, Beatley et al. 1994). The coastal area can be an economic asset providing sites for port and harbor facilities, industry (power plants), tourism, and protection from hurricanes and typhoons. Other coastal and ocean activities are listed in Table 4 (Beatley et al. 1994, Cicin-Sain & Knecht 1998). It is the increasing pressures on environments, such as the coastal area, and their finite resources, which led to the 1992 United Nations Conference on Environment and Development (UNCED) and subsequent related conferences and initiatives. The pressures include the growing global population and accompanied economic development, which leads to increased pressure on the environment, in terms of space and resources. This is more so, in coastal areas, where unrestricted development and 13 unsustainable use have led to problems, including habitat decline or loss, degradation of water quality, changes in hydrological cycles, depletion of coastal resources, and adaptation to sea level rise and other impacts of global climate change (Cicin-Sain & Knecht 1998). Sorensen and McCreary (1990) stated that products of agriculture or forestry practiced near the shore are not coastal resources unless they achieve substantial production advantages from conditions associated with their coastal location. Coastal resources, natural or constructed, can be divided into several overlapping categories: (i) natural resources (agricultural lands, coastal waters, beaches, clean air), (ii) marine resources (coastal waters, kelp beds, salt marshes, tidepools, islets and offshore rocks, anadromous fisheries), (iii) coastal land resources (watersheds, freshwater supplies, agricultural lands, open space, bluffs, dunes, wildlife, natural habitat areas), (iv) productive resources (maricultural areas, gravel deposits, agricultural and timber lands, petroleum resources), (v) constructed resources (coastal communities and neighborhoods with special cultural, historical, architectural, or aesthetic qualities), (vi) historical and prehistorical resources (recognized historical landmarks, outstanding architectural landmarks, plant and animal fossils), (vii) recreational and scenic resources (beaches, coastal streams, marinas, SCUBA diving areas, scenic coastal roads) (vii) educational and scientific resources (marine life refuges, rare and endangered species habitat, primitive areas, wetlands) (Sorensen and McCreary 1990). Navigation and Communications Shipping Port and harbor development Navigational aids Communication cables Living Marine Resources Fishing (traditional, artisanal, industrial) Aquaculture Gathering of seaweed (mariculture) Gathering of other marine creatures (e.g. sea cucumbers, snails, shells, corals, pearls) Tropical fish collection Collection of marine mammals (e.g. whale watching) Marine biotechnology applications; use of marine organisms or processes for product development Coastal Infrastructure Development Roads, bridges, other transportation infrastructure Water supply and treatment Reclamation or alteration of coastal waters (e.g. for building of human settlements, impoundment for aquaculture ponds, diking for recreational facilities Waste Disposal and Pollution Prevention Siting of industrial facilities Sewage disposal Dumping of dredged materials Disposal of other wastes Nonpoint sources of pollution (agriculture, runoff, river sedimentation) Oil and toxic spill contingency planning Ocean and Coastal Environmental 14 Mineral and Energy Resources Quality Protection Hydrocarbon (oil and gas) exploration Protection of the ocean’s global role in and production regulating climate Offshore drilling, pipeline laying, Protection of the oceans from pollution platform installations Protection of the oceans from transport Exploitation of sand and gravel and disposal of hazardous materials aggregates (radioactive, chemical, etc.) Exploitation of other minerals (gold, Establishment of marine and coastal placer deposits, polymetallic sulfides, protected areas, parks to protect special manganese nodules) areas or features (e.g. coral reefs, wildlife Other forms of ocean energy (e.g. wave sanctuaries) energy, tidal power, ocean thermal Marine mammal protection energy) Protection of cultural resources (e.g. religious sites, archaeological sites, Tourism and Recreation shipwrecks) Hotels, vacation homes Protection of the oceans from transfer of Tourism infrastructure (transportation, alien species (e.g. through ballast waters) services) Swimming and diving, underwater parks Prevention and mitigation of harmful algal bloom phenomena Recreational fishing, boating Nonconsumptive aesthetic uses Research Oceanography Beach and Shoreline Management Marine geology and coastal processes Erosion control programs Fisheries and marine mammal research Protection structures (against storms, Marine biology, biodiversity, waves) biotechnology Replenishment of beaches Archaeology Prevention and mitigation of coastal Studies of human uses of the ocean hazards (storms, inundation sea-level rise) Military Activities Transit and maneuvers by navies Military special targets (test ranges, exercise areas) Enforcement of national ocean zones Table 4. Principle coastal and ocean activities (Cicin-Sain and Knecht 1998) Coastal nations use different criteria for establishing the extent of their oceanward boundary coastal area, and hence claim different amounts of coastal and marine space within their jurisdiction. The extent of the coastal or marine space is usually defined in terms of (i) coastline (in kilometers), (ii) coastline/area ratio (coastline in kilometers divided by total land area) and (iii) a hypothetical area encompassed by a boundary extending to the 200 nautical mile exclusive economic zone or to the limits imposed by the exclusive economic zone of neighboring coastal nations (Sorensen and McCreary 1990). 15 1.2.1. Coastline-area ratio The coastline area ratio is the more meaningful measure when compared to the coastline length and the exclusive economic zone (EEZ). Various statistics regarding these measures are shown in Table 5. Small islands, such as Macao, the Maldives, Monaco and Gibraltar have high ratios because they are all coast and consequently depend heavily on coastal resources. Countries such as, Zaire, Iraq, Jordan, Sudan and Algeria are unlikely to depend heavily on coastal resources. However, countries with relatively very short coasts tend to value their ocean access very highly (Sorensen and McCreary 1990). Greatest length of coastline Canada Indonesia USSR Greenland Australia South Africa Shortest length of coastline Monaco Gibraltar Nauru Tuvalu Jordan Highest coastline-area ratio Macao Maldives Monaco Gibraltar Bermuda Lowest coastline-area ratio Zaire Iraq Jordan Sudan Algeria Slovenia Greatest EEZ USA Australia Indonesia Canada Coastline (km) Coastline-area ratio Area to 200 nm (in 100 kms) 90,908 54,716 46,670 44,087 25,760 2,798* 0.0091 0.0287 0.0021 0.0203 0.0033 0.0023* 1,370.0 1,577.0 1,309.0 147.3 1,854.0 4 12 24 24 26 2.0 2.0 1.4290 0.9231 0.0003 NA NA 92.8 211.5 NA 40 644 4 12 103 2.5 2.2 2.0 2.0 1.9 NA 279.7 NA NA NA 37 58 26 853 1,183 0.0001 0.0001 0.0003 0.0003 0.0005 0.3 0.2 NA 26.7 NA 19,924 25,760 54,716 90,908 0.0021 0.0033 0.287 0.0091 2,220.0 1,854.0 1,577.0 1,370.0 16 USSR 46.670 0.0021 1,309.0 Smallest EEZ Singapore 193 0.3310 0.1 Iraq 58 0.0001 0.2 Togo 56 0.0010 0.3 Zaire 37 0.0001 0.3 Belgium 63 0.0021 0.8 Table 5. Geographic dimensions of selected coastal nations (Borgese and Ginsburg 1982, Sorensen and McCreary 1990). NA=no measure given, EEZ=exclusive economic zone, *=calculated from The World Factbook (1999). A high coastline-area ratio, a long coastline, and a large exclusive economic zone tend to indicate that there is a high potential for exploitation of coastal resources, as in the case of the United States. However there are exceptions to this, for example, the erstwhile Soviet Union, Canada and Greenland have much of their ocean claim nullified by polar ice packs. Similarly, small tropical islands have very large ocean claims but exploitation of resources is limited by the relatively low productivity of the surrounding ocean. Coastlines bordered by hot, barren desert, for example in the Near East and North Africa, also have limited exploitation due to the lack of development (Sorensen and McCreary 1990). 1.2.2. Contribution of the coast towards the gross national product (GNP) The best measure of the value a nation place on their coast, is the coastal resource value. This value is directly related to the economic contribution of coastal resources to the national gross national product (GNP). This value is usually expressed as (i) a monetary value of coastal resource production, (ii) export earnings of coastal resource production, (iii) number of people directly or indirectly employed, and (iv) the cultural value of the resource to serve dietary, religious and social needs. In order to establish these values, it is necessary to obtain and assess statistical data. Sorensen and McCreary (1990) listed three coastal resources, namely, fisheries, coastal tourism, and ports, each with its own types of statistical data to determine the particular resources value. They have also included hazards, and the data required to assess its impact on the GNP (Sorensen and McCreary 1990). Gross National Product (GNP) The Gross National Product (GNP) is an estimate of the total value of goods and services produced in any specified country in a given year. GNP can be reported for a country as a total amount, or as an amount per capita (LinguaLinks 2000). Out-of-date name for gross domestic product (GDP). GDP is a key indicator of an economy’s health; it’s the value of all the goods and services produced by a country in a given period of time (ABCNews 2000). 17 The Gross National Product (GNP) is the total dollar value of all final goods and services produced for consumption in society during a particular time period. Its rise or fall measures economic activity based on the labor and production output within a country. The figures used to assemble data include the manufacture of tangible goods such as cars, furniture, and bread, and the provision of services used in daily living such as education, health care, and auto repair. Intermediate services used in the production of the final product are not separated since they are reflected in the final price of the goods or service. The GNP does include allowances for depreciation and indirect business taxes such as those on sales and property (BrainBank 2000). Gross Domestic Product (GDP) Key indicator of an economy’s health, this is the value of all the goods and services produced by a country in a given period of time. Used to be called Gross National Product, or GNP (ABCNews 2000). The Gross Domestic Product (GDP) measures output generated through production by labor and property which is physically located within the confines of a country. It excludes such factors as income earned by U.S. citizens working overseas, but does include factors such as the rental value of owner-occupied housing. In December 1991, the Bureau of Economic Analysis began using the GDP rather than the GNP as the primary measure of United States production. This figure facilitates comparisons between the United States and other countries, since it is the standard used in international guidelines for economic accounting (BrainBank 2000). The value of the coast in the South African context is summarized in Table 6. Coastal Resource All resources Subsistence activities Cargo transport through ports Tourism Number of people involved About 30% of all South Africans 3.6 million South Africans Income per annum R179 billion (37% 0f GDP) R1.1 billion R4.2 billion 20 million international and R15.2 billion domestic visitors Commercial fishing Employs 27 000 people R1.7 billion 60 000 people in related sectors Recreational fishing 600 000 enthusiasts R1.3 billion Employs 131 000 people Spatial Development Employment projected at 90 R90 billion anticipated Initiatives 000 Table 6. The value of South Africa’s coastal resources per annum (CMPP 1998). 18 Figure 6. Contribution of the Coast to the Gross Geographic Product (GGP) (Rand per capita) of South Africa (CMPP 1998). GGP can be thought of as the total income or payment received by production factors (land, labour, capital and entrepreneurship) in an area. 1.2.3. Population concentration The relative concentration of development and population is another measure of the importance of the coastal area. Coastal area resources are usually positively correlated to both population concentration and economic development. However, population growth and economic development can increase independently from coastal resources (Sorensen and McCreary 1990). Figure 7. South Africa’s population density at the coast. South Africa’s coastal population is concentrated within the 4 major coastal cities of Cape Town, Port Elizabeth, East London and Durban, which constitute 6 million people. The population densities of these cities are expected to double in the next 25 to 30 years. Factors contribute to the increasing population density include a rapid population growth rate of approximately 2.3% per annum, and the abolishment of Apartheid policies which denied the majority of South Africans access to certain areas, resources and facilities in the coastal area (Sowman 1993, CMPP 1998).