Integrating environmental science,

law and management

Professor Andrew R. G. Price
Integrating environmental science, law and
management

Understanding and managing

oceans and coastal areas
optimally?
The problem and need for interdisciplinary
management

• Maritime operations create multiple impacts

• Many other disturbances to oceans & coasts
• Interdisciplinary teams & integrated approaches to deal
with issues and problems
– Economists, lawyers, ecologists, engineers etc.
– (Uni)disciplinary approaches often fail
– Science part of, not whole of, management
• Assessment/management frameworks
– Combine different concerns and issues
– Greater likelihood of good decisions and sustainable
development
 Contents

1. Framework to integrate environmental

science, law and management
2. United Nations Convention on the Law of
the Sea (UNCLOS)
 1. Framework to integrate environmental
science, law and management

aim

= data collection

Many players Stages 2 & 3:

Ecology/environmental
(including NGOs) science major element

= action = data analysis:

(big issue) identify problems &
opportunities

= plan
• legislation (national/global)
• Customary law (some
 Phase 2: Data collection

• Ecology
• Socioeconomic
• Legal
Ground-truthing:
• Institutional Satellite imagery: natural systems
diving (seagrass bed)

National, regional and International

environmental laws
Phase 3: Data analysis
Map analysis: GIS
 Map analysis: GIS

Apply ecological & socio-economic criteria

Identifies candidate protected area sites↓

↑
Overlapping areas of concentrated resources and uses/pressures: resource-use conflicts
Non-overlapping areas: resource-use compatibilities
 Map analysis: GIS (Red Sea)

South of Jeddah (Shwaibah), Red Sea

classification
 Interdisciplinary analysis

• Above-ground seagrass
biomass ~ 1.15 x 108 kg
• Biomass replaced ≥ x2 ≈
2.3 x 108 kg
• Assuming 10% efficiency
each step in food chain
– 2.3 x 107 kg
turtles/herbivores (1 step)
(1) Bioeconomic assessment
– 2.3 x 106 kg fish or shrimp • Tarut Bay, Gulf coast of Saudi Arabia
(2 step) • ~ 400 km2 (but decreasing)
– Results theoretical • 175 km2 seagrass

– But fisheries multi-million $

 Interdisciplinary analysis
2. Model of fishing industry

• Linkages between the industry,

other parts of socio-economic sphere
and environment
• Initially determine +/- effects
(e.g. 1ry productivity & pollution influence
availability/acceptability of seafood species)
(e.g. alternative products can reduce price
of marketed species)
• Then model subsystems
in more detail

McGlade & Price, 1993, MPB, 27: 370

Interdisciplinary analysis
3. Multiple resource uses, user
interaction and conflict
3. Multiple resource uses and user interaction
(conflicts)

- Empiracal data
- Models
- Interviews/Q’aires
 Interdisciplinary analysis
4. DPSIR (http://maps.grida.no/go/graphic/the_dpsir_framework)

DPSIR
•a qualitative framework for characterizing the
state of the environment
• Used increasingly on international projects

Key elements
• Driving forces of environmental change
(e.g. industrial production)
• Pressures on the environment
(e.g. discharges of waste water)
• State of the environment
(e.g. water quality in rivers and lakes)
• Impacts on population, economy, eco-
systems (e.g. water unsuitable for drinking,
biodiversity loss, economic damage)
• Response of the society
(e.g. watershed protection)
 DPSIR
Kerkennah islands, Tunisia
Driver Pressure State Impacts Responses

1.  Ill-conceived  Abandoned  Dead fish  Integrated aquaculture,

Development aquaculture, in aquaculture project (e.g. caused by to generate business
of anticipation of Ouled Ezzedine) insufficient revenue, employment
aquaculture quick economic  Problems caused by oxygen in water and opportunities, but
returns absence of plastic linters  Failed without net environmental
(ponds not waterproof), enterprise (first losses.
ponds too shallow and owner went
poor water circulation bust; no new
owner)

2.  Incorporation of  Nets sometimes now  Seasonal fishery  Encourage use of ‘charfia’

Protection industrial present all year, closure no longer in instread of Kiss’ trawlers
and technology in replacing palm traps, operation  Regulate use of nylon nets
promotion Charfia artisanal which were removed  Increased fishing  Legislation to regulate the
of fishery for 3 months each year pressures on already number of licences and operators
“charfia” then replaced heavily exploited fish of charfia
fish traps stocks
 Phase 4 (Formulation)
Phase 5 (Adoption)

• Legislation
– Legally binding contractual arrangements
– International treaties/conventions (and
regional agreements)
– Multi-lateral agreements
– Convention on Biological Diversity (CBD)
– UNCLOS, Bonn Convention, Ramsar
Convention, CITES, UNFCCC, IOPC etc.
– National laws (vary in scope & complexity)
 Legislation vs customary law

• Customary marine Photo

law
– Voluntary
subscription
– Hikmanis, Oman
– Eritrea
– Often linked with Eritrea (2006):
social structures Mangrove creek on the Buri peninsula, where

– Can be key fishermen voluntarily abstain from fishing in

the creek’s productive waters to help prevent
component of
over-harvesting. Traditional management
modern conservation
measures will play a key role in Eritrea’s
and management
integrated coastal area management plan
plans
 Phase 6 (Implementation)
Phase 7 (Monitoring & Evaluation)

• Translating adopted/accepted plan into

action
• Determining the effectiveness of the
plan
– No further action needed
– Plan needs modification
– Need for some completely different
plan/action
• Comprehensive legal instrument for governing ocean uses
and mis-uses
• Coastal states have obligation to protect & preserve the
marine environment
• Defined limits of territorial seas, other zones and areas of
resource exploitation
• Rules for use of the high seas for international navigation
• Essential legal instrument
– Oceans cover 2/3 of the planet
– Coasts occupied by 2/3 of humanity
– Increase in maritime operations
 History and evolution

• Big departure from ‘Freedom of the Seas’

• UNCLOS convention concluded 10.12.1982 after 14 years
of negotiations; legally binding treaty in 1994
• Updates and unifies the 4 Geneva Conventions of 1958:
– the Territorial Sea and the Contiguous Zone
– the Continental Shelf
– the High Seas
– Fishing and Conservation of Living Resources on the High Seas
(insufficient support to be fully effective)
• Over 150 countries invited to Montego Bay, Jamaica
– now ratified by 167 states (not US)
• All matters relating to the sea (320 articles and 9 annexes)
 Main dimensions of UNCLOS

• Maritime zones – Where?

• Targeted parties – Who?
– Rights & obligations
• Coastal states
• Flag states
• Port states
– Violations & penalties
• Ocean uses, activities & impacts – What?
• Governance structures – How?
Maritime zones of UNCLOS
 Maritime zones

• Internal waters – Waters landward of the baseline. The coastal

state is free to set laws, regulate use, and use any resource.
Foreign vessels have no right of passage within internal waters
• Baseline – Determined by connecting points on the coastline -
starting point for measuring the maritime territory of a coastal
state
• Territorial sea – Belt of sea ≤12 nm from the baseline. Roght of
innocent passage, but coastal state exercises sovereign rights
and may arrest foreign ships
• Contiguous Zone – Maritime area not > 24 nm from baselines;
authority to prevent infringement of customs, fiscal, immigration,
or sanitation authority over its territorial waters
 Maritime zones

• Archipelagic waters - A baseline is drawn between the outermost points

of the outermost islands. The state has sovereignty over these waters,
but subject to e.g. traditional fishing rights of immediately adjacent
states. Foreign vessels have right of innocent passage
• Exclusive Economic Zone or EEZ – within 200 nm from baselines;
rights over the economic resources of the sea, seabed to the exclusion
of other states. However, other nations have the right of navigation and
overflights. Jurisdiction over environmental activities & requirement to
cooperate on conservation of migratory species
• Continental Shelf – Seabed and subsoil of submarine areas adjacent to
the coastal state but outside the territorial sea. The continental shelf
extends 200-350 nm (or 100 nm beyond 2,500 m isobath); coastal state
has the right to explore and exploit the natural resources in this area,
but this right does not extend to other materials such as shipwrecks
 Maritime zones

• High Seas - Freedom of navigation, overflight, scientific

research & fishing in this area beyond national jurisdiction.
Obligation to cooperate with other states in resource
management & conservation
• International Seabed Area – all activities on seabed beyond
national jurisdiction controlled by International Seabed Authority.
3 types of resources
– Polymetallic sulphides
– Polymetallic nodules (Mn)
– Cobalt-rich ferro-manganese crusts
Some key features of UNCLOS (self-study)
Some of the key features of the Convention are the following:
* Coastal States exercise sovereignty over their territorial sea which they have
the right to establish its breadth up to a limit not to exceed 12 nautical miles;
foreign vessels are allowed "innocent passage" through those waters;
* Ships and aircraft of all countries are allowed "transit passage" through
straits used for international navigation; States bordering the straits can
regulate navigational and other aspects of passage;
* Archipelagic States, made up of a group or groups of closely related islands
and interconnecting waters, have sovereignty over a sea area enclosed by
straight lines drawn between the outermost points of the islands; the waters
between the islands are declared archipelagic waters where States may
establish sea lanes and air routes in which all other States enjoy the right of
archipelagic passage through such designated sea lanes;
* Coastal States have sovereign rights in a 200-nautical mile exclusive
economic zone (EEZ) with respect to natural resources and certain economic
activities, and exercise jurisdiction over marine science research and
environmental protection;
* All other States have freedom of navigation and overflight in the EEZ, as well
as freedom to lay submarine cables and pipelines;
* Land-locked and geographically disadvantaged States have the right to
participate on an equitable basis in exploitation of an appropriate part of the
surplus of the living resources of the EEZ's of coastal States of the same
region or sub-region; highly migratory species of fish and marine mammals
are accorded special protection;
* Coastal States have sovereign rights over the continental shelf (the national
area of the seabed) for exploring and exploiting it; the shelf can extend at
least 200 nautical miles from the shore, and more under specified
circumstances;
* Coastal States share with the international community part of the revenue
derived from exploiting resources from any part of their shelf beyond 200
miles; * The Commission on the Limits of the Continental Shelf shall make
recommendations to States on the shelf's outer boundaries when it extends
* All States enjoy the traditional freedoms of navigation,
overflight, scientific research and fishing on the high seas; they
are obliged to adopt, or cooperate with other States in adopting,
measures to manage and conserve living resources;
* The limits of the territorial sea, the exclusive economic zone
and continental shelf of islands are determined in accordance
with rules applicable to land territory, but rocks which could not
sustain human habitation or economic life of their own would
have no economic zone or continental shelf;
* States bordering enclosed or semi-enclosed seas are expected
to cooperate in managing living resources, environmental and
research policies and activities; * Land-locked States have the
right of access to and from the sea and enjoy freedom of transit
through the territory of transit States;
* States are bound to prevent and control marine pollution and
are liable for damage caused by violation of their international
obligations to combat such pollution;* All marine scientific
research in the EEZ and on the continental shelf is subject to the
consent of the coastal State, but in most cases they are obliged
to grant consent to other States when the research is to be
conducted for peaceful purposes and fulfils specified criteria;
* States are bound to promote the development and transfer of
marine technology "on fair and reasonable terms and
conditions", with proper regard for all legitimate interests;
* States Parties are obliged to settle by peaceful means their
disputes concerning the interpretation or application of the
Convention;
* Disputes can be submitted to the International Tribunal for the
Law of the Sea established under the Convention, to the
International Court of Justice, or to arbitration. Conciliation is also
available and, in certain circumstances, submission to it would be
compulsory. The Tribunal has exclusive jurisdiction over deep
seabed mining disputes.
Protection and preservation of the marine
environment - Part XII

• Basic obligations
– Article 192 General obligation
• States have the obligation to protect and preserve the
marine environment
– Article 193 Sovereign right of States to
exploit their natural resources
• States have the sovereign right to exploit their natural
resources pursuant to their environmental policies and in
accordance with their duty to protect and preserve the
marine environment.
 Pollution regulation

• Article 194 Measures to prevent, reduce

and control pollution of the marine
environment
– 1. States shall take, individually or jointly as appropriate, all
measures consistent with this Convention that are necessary to
prevent, reduce and control pollution of the marine environment
from any source…best practicable means at their disposal …

Erika oil spill 1999

(20,000 tons of fuel oil)

Gulf War oil spill 1999

(6-8 million barrels)
 Pollution regulation

• Article 211 Pollution from vessels

– 1. States, acting through the competent international organization
or general diplomatic conference, shall establish international rules
and standards to prevent, reduce and control pollution of the
marine environment from vessels.... Such rules and standards
shall, in the same manner, be re-examined from time to time as
necessary.
– 4. Coastal States may, in the exercise of their sovereignty within
their territorial sea, adopt laws and regulations for the prevention,
reduction and control of marine pollution from foreign vessels,
including vessels exercising the right of innocent passage. Such
laws and regulations shall, in accordance with Part II, section 3, not
hamper innocent passage of foreign vessels.
– NB. Supporting leglislation (e.g. IMO/MARPOL)
 UN Fish Stocks Agreement (1995)

• UNCLOS (1982)
– Overarching legal regime for marine conservation and management - within
areas under national jurisdiction and on the high seas
– Specific provisions relating to straddling fish stocks and highly migratory fish
stocks (UNCLOS articles 63(2) and 64) – but ongoing problems:
– UN Conferencs convened in 1993 (in force as from 11 December 2001)
• Agreement
– Legal regime to ensure their long-term conservation and sustainable use
• Migratory species such as tuna, swordfish and oceanic sharks, regularly travel long distances
through both high seas areas and areas under national jurisdiction
• Straddling stocks, such as cod, halibut, pollock, jack mackerel and squid, occur both within a
country’s exclusive economic zone and in the adjacent high sea area
• Strengthened the role of regional fisheries management organizations and arrangements;
• Established general principles, such as the precautionary and ecosystem approaches for the
conservation and management of straddling fish stocks highly migratory fish stocks in all
regions around the world
• Other measures
 Invasive species

• Article 196 Use of technologies or

introduction of alien or new species
– 1. States shall take all measures necessary to
prevent, reduce and control pollution of the marine
environment resulting from the use of technologies
under their jurisdiction or control, or the intentional
or accidental introduction of species, alien or new,
to a particular part of the marine environment,
which may cause significant and harmful changes
thereto.
 Supporting institutions

• Specially created UNCLOS institutions

– International Tribunal for the Law of the Sea, Hamburg
– International Seabed Authority, Kingston (Jamaica)
• to administer seafloor mining in international waters
• Desirability addressed in 1994 Implementation Agreement for UNCLOS
– Commission on the Limits of the Continental Shelf, UN, HQ
• IMO and other supporting bodies
– IMO mentioned in only article 2 of Annex VIII of UNCLOS
– but IMO referred to as the competent international
organization (international shipping rules & prevention &
control of pollution from vessels &by dumping)
– International Whaling Commission
 Selected reading

• Birnie, P. et al. (2009). International Law and the Environment.

OUP.
• http://ceroi.net/reports/arendal/dpsir.htm (DPSIR framework).
• http://maps.grida.no/go/graphic/dpsir_framework_for_state_of_e
nvironment_reporting (DPSIR framework).
• Price, A.R.G., Khan, N.Y. et al. (2002). Integrated coastal zone
management. In Khan, N.Y. et al. (eds) The Gulf Ecosystem,
Backhuys, Leiden, 425-446.
• Price, A. (2008). Slow-Tech: Manifesto For An Overwound
World, Atlantic Books, London (Ch. 6).
• United Nations, 2018. Oceans & Law of the Sea.
http://www.un.org/depts/los/convention_agreements/convention
_overview_convention.htm