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SDG Goal 14 Oceans: Time to Heed Warnings, discharge obligations and act on commitments PDF Print E-mail
Justice News
Posted by Joan Russow
Wednesday, 09 September 2015 14:03

By Joan Russow

Global Compliance Research Project

 

image: http://www.earthtimes.org/newsimage/ocean-depths-scientists-track-global-warming-missing-heat_199.jpg

In the ocean depths: scientists track global warming's 'missing heat'

 

 
Scientists have used computer models to answer the mystery of global warming's missing heat - and believe the answer lies deep beneath the surface of the oceans.
- See more at: http://www.earthtimes.org/climate/ocean-depths-scientists-track-global-warming-missing-heat/1380/#sthash.Carx1kkn.dpuf
Read more at http://www.earthtimes.org/climate/ocean-depths-scientists-track-global-warming-missing-heat/1380/#gyBksRcPeWzikr4l.99

 

For years, there have been significant international conventions, and conferences related to protecting the ocean and Marine ecology and resources..This year in September 2015, All member states will adopt the following Goal

 

GOAL 14: CONSERVE AND SUSTAINABLY USE THE OCEANS, SEAS AND MARINE RESOURCES FOR SUSTAINABLE DEVELOPMENT. In this article ,

I have taken excerpts, related to protection Oceans and marine resources , from the following Conventions and Conference Action Plans. 

 

****1971SEABED TREATY

****1974 UNIVERSAL DECLARATION ON THE ERADICATION OF

 HUNGER AND MALNUTRITION,)

****1982 UN CONVENTION ON THE LAW OF THE SEAS, (UNCLOS),

****1985 MONTREAL GUIDELINES FOR THE PROTECTION OF THE

MARINE ENVIRONMENT AGAINST POLLUTION FROM LAND-BASED SOURCES (DECISION

****1992 CONVENTION ON BIOLOGICAL DIVERSITY

****1992 UN FRAMEWORK CONVENTION ON CLIMATE CHANGE

 UNFCCC  REFERS TO THE MARINE ENVIFRONMENT 

****1992 CONVENTION ON BIOLOGICAL DIVERSITY

****1992 AGENDA 21 Various chapters

****LINKS IN CHAPTER 17   TO CLIMATE CHANGE

****1995 BEIJING PLATFORM OF ACTION

****1996 HABITAT AGENDA

****2002 World Summit on  Sustainable Development WSSD

Enclosed are various excerpts from the above Conventions and Conferences with articles related to

 Oceans  and the marine ecology. If only there had been the political will to discharge these obligations under

conventions and act on these commitments from Conference Action plans, the oceans might not have been in such a dire situation as reported in the following recently released report described in the IPS article, entitled  World Running Out of Time to Save Oceans 

at http://www.ipsnews.net/2015/09/world-running-ut-of-time-to-save-oceans. In 2015 will there finally be the political will to discarge obligations and act on commitments 

 

 

 

**** 1971 SEABED ARMS CONTROLTREATY

Preamble

Recognizing the common interest of mankind in the progress of the exploration and use of the sea-bed and the ocean floor for peaceful purposes,

Considering that the prevention of a nuclear arms race on the sea-bed and the ocean floor serves the interests of maintaining world peace, reduces international tensions and strengthens friendly relations among States,

Article  1. undertake not to implant or emplace on the seabed and the

ocean floor

 The States Parties to this Treaty undertake not to implant or emplace

on the seabed and the ocean floor and in the subsoil thereof beyond the outer limit of a sea-bed zone, as defined in article II, any nuclear weapons or any other types of weapons of mass destruction as well as structures, launching installations or any other facilities specifically designed for storing, testing or using such weapons.(Art. 1.1. Seabed Treaty of 1971, force 1972)

 

****1982 UN COVENTION ON THE LAW OF THE SEAS

Excerpts:

 

 The UN Convention on the Law of the Seas should be ratified by all member states of the United Nations, and the necessary legislation enacted to ensure compliance.

 

Preamble promote the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment,

 

Recognizing the desirability of establishing through this Convention, with due regard for the sovereignty of all States, a legal order for the seas and

 oceans which will facilitate international communication, and will

promote the peaceful uses of the seas and oceans, the equitable

and efficient utilization of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment,

 

PreambleRecognizing that the area (open sea) is the common heritage of mankind all ¨¨humanity

 

Principles governing the Area Common heritage of mankind all humanity The Area and its resources are the common heritage of mankind all humanity

(Article 136. Law of the Seas, 1982)

States have the obligation to protect and preserve the marine

 environment. (Part XII. Article 192. General Obligation. Protection and Preservation of the Marine Environment, Law of the Seas, 1982)

 

Preamble: will promote the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the conservation of

their living resource

 

the conservation of their living resources, and the study, protection and preservation of the marine environment,

 

Recognizing the desirability of establishing through this Convention, with due regard for the sovereignty of all States, a legal order for the seas and

 oceans which will facilitate international communication, and will promote the peaceful uses of the seas and oceans, the equitable and efficient

utilization of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment,

 

 

Article 2. the maintenance of the living resources in the exclusive economic zone is not endangered by over-exploitation

 

The coastal State, taking into account the best scientific evidence available to it, shall ensure through proper conservation and management measures that the maintenance of the living resources in the exclusive economic zone is not endangered by over-exploitation. As appropriate, the coastal State and competent international organizations, whether sub regional, regional or global, shall cooperate to this end.

 

Article 5. data relevant to the conservation of fish stocks shall be contributed and exchanged on a regular basis through competent international organizations,

 

Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of fish stocks shall be contributed and exchanged on a regular basis through competent international organizations, whether subregional, regional or global, where appropriate and with participation by all States concerned, including States whose nationals are allowed to fish in the exclusive economic zone

 

 

SECTION 2. CONSERVATION AND MANAGEMENT OF THE LIVING RESOURCES OF THE HIGH SEAS

 

 

 Article 117 adopt measures for the conservation of the living resources of the high seas

 

Duty of States to adopt with respect to their nationals measures for the conservation of the living resources of the high seas All States have the duty to take, or to cooperate with other States in taking, such measures for their respective nationals as may be necessary for the conservation of the living resources of the high seas.

 

Article 118 cooperate with each other in the conservation and management of living resources in the areas of the high seas

 

Cooperation of States in the conservation and management of living resources States shall cooperate with each other in the conservation and management of living resources in the areas of the high seas. States whose nationals exploit identical living resources, or different living resources in the same area, shall enter into negotiations with a view to taking the measures necessary for the conservation of the living resources concerned. They shall, 66 as appropriate, cooperate to establish subregional or regional fisheries organizations to this end.

 

Article  119.1 to maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield,

 

Conservation of the living resources of the high seas

1. In determining the allowable catch and establishing other conservation measures for the living resources in the high seas, States shall:

 

(a) take measures which are designed, on the best scientific evidence available to the States concerned, to maintain or restore populations of harvested species at levels which can produce the maximum sustainable yield, as qualified by relevant environmental and economic factors, including the special requirements of developing States, and taking into account fishing patterns, the interdependence of stocks and any generally recommended international minimum standards, whether subregional, regional or global;

 

2. data relevant to the conservation of fish stocks shall be contributed and exchanged

 

Available scientific information, catch and fishing effort statistics, and other data relevant to the conservation of fish stocks shall be contributed and exchanged on a regular basis through competent international organizations, whether subregional, regional or global, where appropriate and with participation by all States concerned.

 

 

 

Article 145: Ensure effective protection for the marine environment from harmful effects which may arise from such activities.

 

Article 145 a; the need for protection from harmful effects of such activities as drilling, dredging, excavation, disposal of waste, construction and operation or maintenance of installations, pipelines

(a) the prevention, reduction and control of pollution and other hazards to the marine environment, including the coastline, and of interference with the ecological balance of the marine environment, particular attention being paid to the need for protection from harmful effects of such activities as drilling, dredging, excavation, disposal of waste, construction and operation or maintenance of installations, pipelines and other devices related to such activities;

 

Article 145 (b) the protection and conservation of the natural resources of the Area and the prevention of damage to the flora and fauna of the marine environment.

 

Undertaking to protect and preserve the marine environment

States have the obligation to protect and preserve the marine environment. (Part XII. Article 192. General Obligation. Protection and Preservation of the Marine Environment, Law of the Seas, 1982)

 

Article194.1 Undertaking measures to prevent, reduce and control pollution of the marine environment

 

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, using for this purpose the best practicable means at their disposal and in accordance with their capabilities and they shall endeavour to harmonize their policies in this connection (Art. 194, 1. Law of the Seas, 1982)

 

Under Art 194 2 of the Law of the Sea is the obligation to enforce the transboundary principle; 

 

To  take all measures necessary to ensure that activities under their jurisdiction or control are so conducted as not to cause damage by pollution to other States and their environment, and that pollution arising from incidents or activities under their jurisdiction or control does not spread beyond the areas where they exercise sovereign rights in accordance with this Convention. (Art. 194. 2., Law of the Seas, 1982)

States have the obligation to protect and preserve the marine environment. (Part XII. Article 192. General Obligation. Protection and Preservation of the Marine Habitat

 

Article 194 5 Undertaking to protect and preserve the marine environment

 

to prevent, reduce and control pollution of the marine environment and to take measures necessary to protect and preserve fragile ecosystems as well as the habitat of … forms of marine life.

Undertaking to protect and preserve the marine environment

 

Article 195 Undertaking the duty not to transfer damage or hazards or transform one type of pollution into another 

 

Undertaking the duty not to transfer damage or hazards or transform one type of pollution into another 

In taking measures to prevent, reduce and control pollution of the marine environment, States shall act so as not to transfer, directly or indirectly, damage or hazards from one area to another or transform one type of pollution into another (Article 195, Law of the Seas, 1982)

 

 1995 agreement “relating to the Conservation and management of straddling fish stocks and highly migratory fish stocks …is the obligation to invoke the precautionary principle.

 Under

 

PART XII PROTECTION AND PRESERVATION OF THE MARINE ENVIRONMENT SECTION 1. GENERAL PROVISIONS

 

 

 Article 202 Scientific and technical assistance to developing States

States shall, directly or through competent international organizations:

 

 (a) promote programmes of scientific, educational, technical and other assistance to developing States for the protection and preservation of the marine environment and the prevention, reduction and control of marine pollution. Such assistance shall include, inter alia:

(i) training of their scientific and technical personnel;

 

(ii) facilitating their participation in relevant international programmes;

(iii) supplying them with necessary equipment and facilities;

(iv) enhancing their capacity to manufacture such equipment;

(v) advice on and developing facilities for research, monitoring, educational and other programmes;

(b) provide appropriate assistance, especially to developing States, for the minimization of the effects of major incidents which may cause serious pollution of the marine environment;

(c) provide appropriate assistance, especially to developing States, concerning the preparation of environmental assessments.

 

 

SECTION 4. MONITORING AND ENVIRONMENTAL ASSESSMENT

 

Article 204 Monitoring of the risks or effects of pollution

 

Monitoring of the risks or effects of pollution

1. States shall, consistent with the rights of other States, endeavour, as far as practicable, directly or through the competent international organizations, to observe, measure, evaluate and analyse, by recognized scientific methods, the risks or effects of pollution of the marine environment.

2. In particular, States shall keep under surveillance the effects of any activities which they permit or in which they engage in order to determine whether these activities are likely to pollute the marine environment.

 

Article 205 States shall publish reports of the results obtained pursuant to article 204

 

Article 206 Assessment of potential effects of activities

 

When States have reasonable grounds for believing that planned activities under their jurisdiction or control may cause substantial pollution of or significant and harmful changes to the marine environment, they shall, as far as practicable, assess the potential effects of such activities on the marine environment and shall communicate reports of the results of such assessments in the manner provided in article

 

****1985MONTREAL GUIDELINES FOR THE PROTECTION OF THE MARINE ENVIRONMENT AGAINST POLLUTION FROM LAND-BASED SOURCES (DECISION 13/18/II OF THE GOVERNING COUNCIL OF UNEP, OF 24 MAY 1985)

 

Introduction This set of guidelines is addressed to Governments with a view to assisting them in the process of developing appropriate bilateral, regional and multilateral agreements and national legislation for the protection of the marine environment against pollution from land-based sources. They have been prepared on the basis of common elements and principles drawn from relevant existing agreements, drawing upon experience already gained through their preparation and implementation:

Principal among these agreements are the United Nations Convention on the Law of the Sea (Part XII), the Paris Convention for the Prevention of Marine Pollution from Land-based Sources, the Helsinki Convention on the Protection of the Marine Environment of the Baltic Sea Area, and the Athens protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources.

 

1. Definitions For the purposes of these guidelines:

 

 (a) “Pollution” means the introduction by man, directly or indirectly, of substances or energy into the marine environment which results or its likely to result in such deleterious effects as harm to living resources and marine ecosystems, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the sea, impairment of quality for use of sea water and reduction of amenities;

(b) “Land-based sources” means:

 (i) Municipal, industrial or agricultural sources, both fixed and mobile, on land, discharges from which reach the marine environment, in particular:

 a. From the coast, including from outfalls discharging directly into the marine environment and through run-off;

 

b. Through rivers, canals of other watercourses, including underground watercourses; and

 

 c. Via the atmosphere: (ii) Sources of marine pollution from activities conducted on offshore fixed or mobile facilities within the limits of national jurisdiction, save to the extent that these sources are governed by appropriate international agreements. (c) “marine environment” means the maritime area extending, in the case of watercourses, up to the freshwater limit and including inter-tidal zones and salt-water marshes

 

2. Basic obligation States have the obligation to protect and preserve the marine environment. Prevent reduce and control pollution of the marine environment.

 Basic obligation States have the obligation to protect and preserve the marine environment. In exercising their sovereign right to exploit their natural resources, all States have the duty to prevent, reduce and control pollution of the marine environment.

3. to ensure that discharges from land-based sources within their territories do not cause pollution to the marine environment of other State

3. Discharges affecting other States or areas beyond the limits of national jurisdiction States have the duty to ensure that discharges from land-based sources within their territories do not cause pollution to the marine environment of other States or of areas beyond the limits of national jurisdiction.

12. Environmental assessment States should assess the potential effects/impacts, including possible transboundary effects/impacts, of proposed major projects under their jurisdiction

Environmental assessment States should assess the potential effects/impacts, including possible transboundary effects/impacts, of proposed major projects under their jurisdiction or control, particularly in coastal areas, which may cause pollution from land based sources, so that appropriate measures may be taken to prevent or mitigate such pollution.

17. Liability and compensation for pollution damage emanating from land-based sources

 Liability and compensation for pollution damage emanating from

 landbased sources (a) States should ensure that recourse is available in accordance with their legal systems for prompt and adequate compensation or other relief in respect of damage caused by pollution of the marine environment by natural or juridical persons under their jurisdiction; (b) To this end, States should formulate and adopt   procedures for the determination of liability for damage resulting from pollution from land-based sources

18. Implementation reports States should report, as appropriate, to other States concerned, directly or through competent international organizations, on measures taken, on results achieved and, if the case arises, on difficulties encountered in the implementation of applicable internationally agreed rules, criteria, standards and recommended practices and procedures

Implementation reports States should report, as appropriate, to other States concerned, directly or through competent international organizations, on measures taken, on results achieved and, if the case arises, on difficulties encountered in the implementation of applicable internationally agreed rules, criteria, standards and recommended practices and procedures. To this end, States should designate national authorities as focal points for the reporting of such measures, results and difficulties. 19. Institutional arrangements (a) States should ensure that adequate institutional arrangements are made at the appropriate regional or global level, for the purpose of achieving the objectives of these guidelines

****1992 CONVENTION ON THE PROTECTION AND USE OF TRANSBOUNDARY WATERCOURSES AND INTERNATIONAL LAKES

Emphasizing the need for strengthened national and international measures to prevent, control and reduce the release of hazardous substances into the aquatic environment and to abate eutrophication and acidification, as well as pollution of the marine environment, in particular coastal areas, from land-based sources,

Article 6. the prevention, control and reduction of transboundary impact

The Riparian Parties shall cooperate on the basis of equality and reciprocity, in particular through bilateral and multilateral agreements, in order to develop harmonized - 4- policies, programmes and strategies covering the relevant catchment areas, or parts thereof, aimed at the prevention, control and reduction of transboundary impact and aimed at the protection of the environment of transboundary waters or the environment influenced by such waters, including the marine environment

 

Article 9 mutual relations and conduct regarding the prevention, control and reduction of transboundary impact.

 

The Riparian Parties shall on the basis of equality and reciprocity enter into bilateral or multilateral agreements or other arrangements, where these do not yet exist, or adapt existing ones, where necessary to eliminate the contradictions with the basic principles of this Convention, in order to define their mutual relations and conduct regarding the prevention, control and reduction of transboundary impact. The Riparian Parties shall specify the catchment area, or part(s) thereof, subject to cooperation. These agreements or arrangements shall embrace relevant issues covered by this Convention, as well as any other issues on which the Riparian Parties may deem it necessary to cooperate.

Article 4.harmonize their work and to prevent, control and reduce

 the transboundary impact..

Emphasizing the need for strengthened national and international

measures to prevent, control and reduce the release of hazardous substances

into the aquatic environment

Cooperation to prevent, control and reduce the release of hazardous substances into the aquatic environment

Joint bodies according to this Convention shall invite joint bodies,

 established by coastal States for the protection of the marine

environment directly affected by transboundary impact, to cooperate

 in order to harmonize their work and to prevent, control and reduce

 the transboundary impact..

Emphasizing the need for strengthened national and international

measures to prevent, control and reduce the release of hazardous substances into the aquatic environment and to abate eutrophication

 and acidification, as well as pollution of the marine environment, in particular coastal areas, from land-based sources,

 

 

Article 1 DEFINITIONS For the purposes of this Convention,

 “Transboundary waters”.

“Transboundary waters” means any surface or ground waters which

 mark, cross or are located on boundaries between two or more States; wherever transboundary waters flow directly into the sea, these 6 transboundary waters end at a straight line across their respective

 mouths between points on the low-water line of their banks;

 “Transboundary impact” means any significant adverse effect on the environment resulting from a change in the conditions of transboundary waters caused by a human activity, the physical origin of which is

 situated wholly or in part within an area under the jurisdiction of a Party,

within an area under the jurisdiction of another Party. Such effects on the environment include effects on human health and safety, flora, fauna,

 soil, air, water, climate, landscape and historical monuments or other physical structures or the interaction among these factors; they also

include effects on the cultural heritage or socio-economic conditions

 resulting from alterations to those factors;

Article 2 GENERAL PROVISIONS 1. The Parties shall take all appropriate measures to prevent, control and reduce any transboundary impact.

The Parties shall, in particular, take all appropriate measures:

(a)  To prevent, control and reduce pollution of waters causing or likely

(b)  to cause transboundary impact;

 (b) To ensure that transboundary waters are used with the aim of ecologically sound and rational water management, conservation of water resources and environmental protection;

(c) To ensure that transboundary waters are used in a reasonable and equitable way, taking into particular account their transboundary character, in the case of activities which cause or are likely to cause transboundary impact;

 (d) To ensure conservation and, where necessary, restoration of ecosystems.

3. Measures for the prevention, control and reduction of water pollution shall be taken, where possible, at source.

4. These measures shall not directly or indirectly result in a transfer of pollution to other parts of the environment.

5. In taking the measures referred to in paragraphs 1 and 2 of this article, the Parties shall be guided by the following principles: (a) The precautionary principle, by virtue of which action to avoid the potential transboundary impact of the release of hazardous substances shall not be postponed on the ground that scientific research has not fully proved a causal link between those substances, on the one hand, and the potential transboundary impact, on the other hand; 7 (b) The polluter-pays principle, by virtue of which costs of pollution prevention, control and reduction measures shall be borne by the polluter; (c) Water resources shall be managed so that the needs of the present generation are met without compromising the ability of future generations to meet their own needs.

 6. The Riparian Parties shall cooperate on the basis of equality and reciprocity, in particular through bilateral and multilateral agreements, in order to develop harmonized policies, programmes and strategies covering the relevant catchment areas, or parts thereof, aimed at the prevention, control and reduction of transboundary impact and aimed at the protection of the environment of transboundary waters or the environment influenced by such waters, including the marine environment.

7. The application of this Convention shall not lead to the deterioration of environmental conditions nor lead to increased transboundary impact.

 8. The provisions of this Convention shall not affect the right of Parties individually or jointly to adopt and implement more stringent measures than those set down in this Convention.

 

Article 3 PREVENTION, CONTROL AND REDUCTION

 

1. To prevent, control and reduce transboundary impact, the Parties shall develop, adopt, implement and, as far as possible, render compatible relevant legal, administrative, economic, financial and technical measures, in order to ensure, inter alia, that:

(a) The emission of pollutants is prevented, controlled and reduced at source through the application of, inter alia, low- and non-waste technology;

(b) Transboundary waters are protected against pollution from point sources through the prior licensing of waste-water discharges by the competent national authorities, and that the authorized discharges are monitored and controlled;

(c) Limits for waste-water discharges stated in permits are based on the best available technology for discharges of hazardous substances;

(d) Stricter requirements, even leading to prohibition in individual cases, are imposed when the quality of the receiving water or the ecosystem so requires; (e) At least biological treatment or equivalent processes are applied to municipal waste water, where necessary in a step-by-step approach;

(f) Appropriate measures are taken, such as the application of the best available technology, in order to reduce nutrient inputs from industrial and municipal sources;

 (g) Appropriate measures and best environmental practices are developed and implemented for the reduction of inputs of nutrients and hazardous substances from diffuse sources, especially where the main sources are from agriculture (guidelines for developing best environmental practices are given in annex II to this Convention);

(h) Environmental impact assessment and other means of assessment are applied;

 (i) Sustainable water-resources management, including the application of the ecosystems approach, is promoted;

 (j) Contingency planning is developed;

(k) Additional specific measures are taken to prevent the pollution of groundwaters;

(l) The risk of accidental pollution is minimized.

 

2. To this end, each Party shall set emission limits for discharges from point sources into surface waters based on the best available technology, which are specifically applicable to individual industrial sectors or industries from which hazardous substances derive. The appropriate measures mentioned in paragraph 1 of 8 this article to prevent, control and reduce the input of hazardous substances from point and diffuse sources into waters, may, inter alia, include total or partial prohibition of the production or use of such substances. Existing lists of such industrial sectors or industries and of such hazardous substances in international conventions or regulations, which are applicable in the area covered by this Convention, shall be taken into account. 3. In addition, each Party shall define, where appropriate, water-quality objectives and adopt water-quality criteria for the purpose of preventing, controlling and reducing transboundary impact. General guidance for developing such objectives and criteria is given in annex III to this Convention. When necessary, the Parties shall endeavour to update this annex.

 

Article 4 MONITORING The Parties shall establish programmes for monitoring the conditions of transboundary waters.

 

Article 5 RESEARCH AND DEVELOPMENT

The Parties shall cooperate in the conduct of research into and development of effective techniques for the prevention, control and reduction of transboundary impact. To this effect, the Parties shall, on a bilateral and/or multilateral basis, taking into account research activities pursued in relevant international forums, endeavour to initiate or intensify specific research programmes, where necessary, aimed, inter alia, at:

 (a) Methods for the assessment of the toxicity of hazardous substances and the noxiousness of pollutants;

(b) Improved knowledge on the occurrence, distribution and environmental effects of pollutants and the processes involved;

(c) The development and application of environmentally sound technologies, production and consumption patterns;

(d) The phasing out and/or substitution of substances likely to have transboundary impact;

 (e) Environmentally sound methods of disposal of hazardous substances;

(f) Special methods for improving the conditions of transboundary waters;

(g) The development of environmentally sound water-construction works and water-regulation techniques;

(h) The physical and financial assessment of damage resulting from transboundary impact. The results of these research programmes shall be exchanged among the Parties in accordance with article 6 of this Convention.

 

Article 6 EXCHANGE OF INFORMATION The Parties shall provide for the widest exchange of information, as early as possible, on issues covered by the provisions of this Convention. 9

 

Article 7 RESPONSIBILITY AND LIABILITY The Parties shall support appropriate international efforts to elaborate rules, criteria and procedures in the field of responsibility and liability.

 

Article 8 PROTECTION OF INFORMATION The provisions of this Convention shall not affect the rights or the obligations of Parties in accordance with their national legal systems and applicable supranational regulations to protect information related to industrial and commercial secrecy, including intellectual property, or national security.

 

PART II PROVISIONS RELATING TO RIPARIAN PARTIES

 

Article 9 BILATERAL AND MULTILATERAL COOPERATION

 1. The Riparian Parties shall on the basis of equality and reciprocity enter into bilateral or multilateral agreements or other arrangements, where these do not yet exist, or adapt existing ones, where necessary to eliminate the contradictions with the basic principles of this Convention, in order to define their mutual relations and conduct regarding the prevention, control and reduction of transboundary impact. The Riparian Parties shall specify the catchment area, or part(s) thereof, subject to cooperation. These agreements or arrangements shall embrace relevant issues covered by this Convention, as well as any other issues on which the Riparian Parties may deem it necessary to cooperate.

2. The agreements or arrangements mentioned in paragraph 1 of this article shall provide for the establishment of joint bodies. The tasks of these joint bodies shall be, inter alia, and without prejudice to relevant existing agreements or arrangements, the following:

 (a) To collect, compile and evaluate data in order to identify pollution sources likely to cause transboundary impact;

 (b) To elaborate joint monitoring programmes concerning water quality and quantity;

(c) To draw up inventories and exchange information on the pollution sources mentioned in paragraph 2 (a) of this article;

(d) To elaborate emission limits for waste water and evaluate the effectiveness of control programmes;

(e) To elaborate joint water-quality objectives and criteria having regard to the provisions of article 3, paragraph 3 of this Convention, and to propose relevant measures for maintaining and, where necessary, improving the existing water quality;

 (f) To develop concerted action programmes for the reduction of pollution loads from both point sources (e.g. municipal and industrial sources) and diffuse sources (particularly from agriculture);

(g) To establish warning and alarm procedures;

 (h) To serve as a forum for the exchange of information on existing and planned uses of water and related installations that are likely to cause transboundary impact;

(i) To promote cooperation and exchange of information on the best available technology in accordance with the provisions of article 13 of this

 Convention, as well as to encourage cooperation in scientific research programmes;

(j) To participate in the implementation of environmental impact

 assessments relating to transboundary waters, in accordance with appropriate international regulations.

3. In cases where a coastal State, being Party to this Convention,

is directly and significantly affected by transboundary impact, the

Riparian Parties can, if they all so agree, invite that coastal State to be involved in an appropriate manner in the activities of multilateral joint

bodies established by Parties riparian to such transboundary waters.

4. JoInt bodies according to this Convention shall invite joint bodies, established by coastal States for the protection of the marine

 environment directly affected by transboundary impact, to cooperate in

 order to harmonize their work and to prevent, control and reduce the transboundary impact.

 

5. Where two or more joint bodies exist in the same catchment area, they shall endeavour to coordinate their activities in order to strengthen the prevention, control and reduction of transboundary impact within that catchment area.

 

Article 10 CONSULTATIONS

Consultations shall be held between the Riparian Parties on the basis

of reciprocity, good faith and good neighbourliness, at the request of any

such Party. Such consultations shall aim at cooperation regarding the

issues covered by the provisions of this Convention. Any such

consultations shall be conducted through a joint body established under article 9 of this Convention, where one exists.

Article 11 JOINT MONITORING AND ASSESSMENT

1.   In the framework of general cooperation mentioned in article 9 of this Convention, or specific arrangements, the Riparian Parties shall

2.    establish and implement joint programmes for monitoring the conditions of transboundary waters, including floods and ice drifts, as well as transboundary impact.

3.   The Riparian Parties shall agree upon pollution parameters and

4.    pollutants whose discharges and concentration in transboundary waters shall be regularly monitored.

3. The Riparian Parties shall, at regular intervals, carry out joint or coordinated assessments of the conditions of transboundary waters and the effectiveness of measures taken for the prevention, control and

 reduction of transboundary impact. The results of these assessments

shall be made available to the public in accordance with the provisions

set out in article 16 of this Convention.

5.   For these purposes, the Riparian Parties shall harmonize rules for

6.   the setting up and operation of monitoring programmes, measure

7.   ment systems, devices, analytical techniques, data processing and evaluation procedures, and methods for the registration of pollutants discharged. Article

12 COMMON RESEARCH AND DEVELOPMENT In the framework of general cooperation mentioned in article 9 of this Convention, or specific arrangements, the Riparian Parties shall undertake specific research

 and development activities in support of achieving and maintaining the water-quality objectives and criteria which they have agreed to set and

adopt. Article

13 EXCHANGE OF INFORMATION BETWEEN RIPARIAN PARTIES 1. The Riparian Parties shall, within the framework of relevant agreements or

 other arrangements according to article 9 of this Convention, exchange reasonably available data, inter alia, on:

 

(a)Environmental conditions of transboundary waters;

(b)(b) Experience gained in the application and operation of best available technology and results of research and development;

(c)(c) Emission and monitoring data;

(d)(d) Measures taken and planned to be taken to prevent, control and reduce transboundary impact;

(e) (e) Permits or regulations for waste-water discharges issued by the competent authority or appropriate body.

 2. In order to harmonize emission limits, the Riparian Parties shall undertake the exchange of information on their national regulations.

 3. If a Riparian Party is requested by another Riparian Party to provide data or information that is not available, the former shall endeavour to comply with the request but may condition its compliance upon the payment, by the requesting Party, of reasonable charges for collecting and, where appropriate, processing such data or information.

 4. For the purposes of the implementation of this Convention, the

Riparian Parties shall facilitate the exchange of best available

technology, particularly through the promotion of: the commercial exchange of available technology; direct industrial contacts and cooperation, including joint ventures; the exchange of information and experience; and the provision of technical assistance. The Riparian

Parties shall also undertake joint training programmes and the organization of relevant seminars and meetings.

Article 14 WARNING AND ALARM SYSTEMS

The Riparian Parties shall without delay inform each other about any critical situation that may have transboundary impact. The Riparian

 Parties shall set up, where appropriate, and operate coordinated or

 joint communication, warning and alarm systems with the aim of

 obtaining and transmitting information. These systems shall operate

on the basis of compatible data transmission and treatment procedures and facilities to be agreed upon by the Riparian Parties. The Riparian Parties shall inform each other about competent authorities or points of contact designated for this purpose.

Article 15 MUTUAL ASSISTANCE

1. If a critical situation should arise, the Riparian Parties shall provide mutual assistance upon request, following procedures to be established in accordance with paragraph 2 of this article.

2. The Riparian Parties shall elaborate and agree upon procedures for mutual assistance addressing, inter alia, the following issues:

 (a) The direction, control, coordination and supervision of assistance;

 (b) Local facilities and services to be rendered by the Party requesting assistance, including, where necessary, the facilitation of border-crossing formalities;

(c) Arrangements for holding harmless, indemnifying and/or compensating the assisting Party and/or its personnel, as well as for transit through territories of third Parties, where necessary;

d) Methods of reimbursing assistance services. 12

 

Article 16 PUBLIC INFORMATION 1. The Riparian Parties shall ensure that information on the conditions of transboundary waters, measures taken or planned to be taken to prevent, control and reduce transboundary impact, and the effectiveness of those measures, is made available to the public. For this purpose, the Riparian Parties shall ensure that the following information is made available to the public: (a) Water-quality objectives; (b) Permits issued and the conditions required to be met; (c) Results of water and effluent sampling carried out for the purposes of monitoring and assessment, as well as results of checking compliance with the water-quality objectives or the permit conditions. 2. The Riparian Parties shall ensure that this information shall be available to the public at all reasonable times for inspection free of charge, and shall provide members of the public with reasonable facilities for obtaining from the Riparian Parties, on payment of reasonable charges, copies of such information.

 

****1992 UN FRAMEWORK CONVENTION ON CLIMATE CHANGE

 UNFCCC  REFERS TO THE MARINE ENVIFRONMENT 

 

Most states have ratified the legally binding framework Convention on

Climate Change.  What they must do at COP21 in Paris is  commit to a

legally binding protocol that will fulfill the key obligation under Article 2

of the UNFCCC

 

Preamble marine ecosystems of sinks and reservoirs of greenhouse

gases,

 

Aware of the role and importance in terrestrial and marine ecosystems of sinks and reservoirs of greenhouse gases,

Noting that there are many uncertainties in predictions of climate

change, particularly with regard to the timing, magnitude and regional patterns thereof (Framework Convention on Climate Change, 1992).

 

COMMITMENTS 1. All Parties, taking into account their common but differentiated responsibilities and their specific national and regional development priorities, objectives and circumstances, shall:

 

Aware of the role and importance in terrestrial and marine ecosystems of sinks and reservoirs of greenhouse gases,

 

 ARTICLE 2 OBJECTIVE stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system.

 

The ultimate objective of this Convention and any related legal

 instruments that the Conference of the Parties may adopt is to

achieve, in accordance with the relevant provisions of the Convention, stabilization of greenhouse gas concentrations in the atmosphere

at a level that would prevent dangerous anthropogenic interference

with the climate system. Such a level should be achieved within a

time-frame sufficient to allow ecosystems to adapt naturally to climate change, to ensure that food production is not threatened and

to enable economic development to proceed in a sustainable

manner.

 

Acknowledging that change in the Earth's climate and its adverse effects

are a common concern of humankind, 

 

Concerned that human activities have been substantially increasing

the atmospheric concentrations of greenhouse gases, that these

 increases enhance the natural greenhouse effect, and that this

will result on average in an additional warming of the Earth's

surface and atmosphere and may adversely affect

natural ecosystems and humankind, 

 

Noting that the largest share of historical and current global

emissions of greenhouse gases has originated in developed countries,

 that per capita emissions in developing countries are still relatively low

 and that the share of global emissions originating in developing countries

will grow to meet their social and development needs,  

 

 

Article 3 principles UNFCCC

 

ARTICLE 3 PRINCIPLES In their actions to achieve the objective of the

Convention and to implement its provisions, the Parties shall be guided,

 inter alia, by the following:

1.   The Parties should protect the climate system for the benefit of present

2.    and future generations of humankind, on the basis of equity and in accordance with their common but differentiated responsibilities and respective capabilities. Accordingly, the developed country Parties

3.   should take the lead in combating climate change and the adverse

4.   effects thereof.

 

2. The specific needs and special circumstances of developing country

Parties, especially those that are particularly vulnerable to the adverse

 effects of climate change, and of those Parties, especially developing

country Parties, that would have to bear a disproportionate or abnormal

burden under the Convention, should be given full consideration. 

 

Article 3. The Parties should take precautionary measures to

anticipate, prevent or minimize the causes of climate change and mitigate its adverse effects.

The Parties should take precautionary measures to anticipate,

 prevent or minimize the causes of climate change and

 mitigate its adverse effects.

Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing

 such measures, taking into account that policies and measures

to deal with climate change should be cost-effective so as

to ensure global benefits at the lowest possible cost. To achieve

 this, such policies and measures should take into account

different socio-economic contexts, be comprehensive, cover

all relevant sources, sinks and reservoirs of greenhouse

 gases and adaptation, and comprise all economic sectors.

Efforts to address climate change may be carried out

cooperatively by interested Parties.

 

Promote sustainable management, and promote and cooperate in the

 conservation and enhancement, as appropriate, of sinks and reservoirs

Promote sustainable management, and promote and cooperate in the

conservation and enhancement, as appropriate, of sinks and reservoirs

of all 11 greenhouse gases not controlled by the Montreal Protocol,

 including biomass, forests and oceans as well as other terrestrial,

 coastal and marine ecosystems; (Article 4 d

 

Aware of the role and importance in terrestrial and marine ecosystems

of sinks and reservoirs of greenhouse gases,

Recalling also the provisions of General Assembly resolution 44/206 of

22 December 1989 on the possible adverse effects of sea-level rise on

islands and coastal areas, particularly low-lying coastal areas and the

 pertinent provisions of General Assembly resolution 44/172 of 19

December 1989)

 

There is sufficient evidence that there is serious irreversible damage to

the marine environment caused by Climate change  diversity, to justify

invoking the precautionary principle 

 

  ****1992 CONVENTION ON BIOLOGICAL DIVERSITY

All member states must ratify the CBD and its protocols and enact

 the necessary legislation to ensure compliance

 

Definition; biodiversity also applies to the marine environment.

It is clear that the biodiversity also applies to the marine environment.

 

Biodiversity is defined as “the variability among living organisms from all sources including terrestrial, marine and other aquatic ecosystems,

and the ecological complexes of which they are part; this includes

 diversity within species, between species and of ecosystems

(Convention on Biological Diversity, UNCED, 1992)

 

Reference to the precautionary principle

 

Noting also that where there is a threat of significant reduction or loss of biological diversity, lack of full scientific certainty should not be used as a reason for postponing measures to avoid or minimize such a threat,

There is sufficient evidence that there is serious irreversible damage, loss of significant biological diversity, to justify invoking the precautionary

 principle) 

 

Article 2.  CBD must be consistent with UNCLOS

Contracting Parties shall implement this Convention with respect to

 the marine environment consistently with the rights and obligations

 of States under the law of the sea.

 

****1992 AGENDA 21

All member states of the United Nat­­­ions adopted Agenda 21 at UNCED;

many of these chapters contain warnings that have never been heeded:

 

Advance implementation of the Global Programme of Action for the

 Protection of the Marine Environment from Land-based Activities and

the Montreal Declaration on the Protection of the Marine Environment

 from Land-based Activities, with particular emphasis in the

period 2002-2006 on municipal wastewater, the physical alteration and

destruction of habitats, and nutrients, by actions at all levels to:

 

9.16 Loss of biological diversity ….in marine systems

The loss of biological diversity may reduce the resilience of

ecosystems to climatic variations and air pollution damage.

Atmospheric changes can have important impacts on forests,

 biodiversity, and freshwater and marine ecosystems, as well

as on economic activities, such as agriculture

(9.16., Atmosphere, Agenda 21, 1992) 

 

15.5 g. implement ex situ measures, preferably in the source country.

In situ measures should include the reinforcement of terrestrial, marine and aquatic protected area systems

 

Take action where necessary for the conservation of biological

diversity through the in situ conservation of ecosystems and

natural habitats, as well as primitive cultivars and their wild relatives,

 and the maintenance and recover of viable populations of species

in their natural surroundings, and implement ex situ measures,

preferably in the source country. In situ measures should include

the reinforcement of terrestrial, marine and aquatic protected area

systems and embrace, inter alia, vulnerable freshwater and other

wetlands and coastal ecosystems, such as estuaries, coral reefs

and mangroves;...(15.5 g. Biodiversity, Agenda 21 

 

 

Chapter 17 PROTECTION OF THE OCEANS, ALL KINDS

OF SEAS, INCLUDING ENCLOSED AND SEMI-ENCLOSED SEAS,

 AND COASTAL AREAS AND THE PROTECTION, RATIONAL USE

AND DEVELOPMENT OF THEIR LIVING RESOURCES

 

All states in adopting Agenda 21, made a commitment to act on

 the 133 Articles that if they had been implemented, by the member states of the United Nations, the Oceans would not be in the dire condition that has been found in the recent report. These articles

along with the other references should be crucial

I have selected a few key articles. These to implementing the SDG Goal 14.

                                                             

***Precautionary Principle

 

Chapter 17

17.1.  the protection and sustainable development of the marine and

 coastal environment and its resources. 

The marine environment - including the oceans and all seas and adjacent coastal areas - forms an integrated whole that is an essential component of the global life - support system and a positive asset that presents opportunities for sustainable development.  International law, as reflected in the provisions of the United Nations Convention on the Law of the Sea 1/, 2/ referred to in this chapter of Agenda 21, sets forth rights and obligations of States and provides the international basis upon which to pursue the protection and sustainable development of the marine and coastal environment and its resources.  This requires new approaches to marine and coastal area management and development, at the national, subregional, regional and global levels, approaches that are integrated in content and are precautionary and anticipatory in ambit, as reflected in the following programme areas: 3/

 

17.5. d Coastal States commit themselves to integrated management and sustainable development of coastal areas and the marine environment under their national jurisdiction.  To this end, it is necessary to, inter alia:

          (d)     Apply preventive and precautionary approaches in project planning and implementation, including prior assessment and systematic observation of the impacts of major projects;

17.18. Degradation of the marine environment can result from a wide

range of sources.  Land-based sources contribute 70 per cent of marine pollution, while maritime transport and dumping-at-sea activities

contribute 10 per cent each

 

Degradation of the marine environment can result from a wide range

 of sources.  Land-based sources contribute 70 per cent of marine pollution, while maritime transport and dumping-at-sea activities contribute

10 percent each.  The contaminants that pose the greatest threat to the marine environment are, in variable order of importance and depending

on differing national or regional situations: sewage, nutrients, synthetic organic compounds, sediments, litter and plastics, metals, radionuclides,oil/hydrocarbons and polycyclic aromatic hydrocarbons (PAHs).  Many of the polluting substances originating from land-based sources are of

 particular concern to the marine environment since they exhibit at the

 same time toxicity, persistence and bioaccumulation in the food chain. 

There is currently no global scheme to address marine pollution from land-based sources.

 

17.21. A precautionary and anticipatory rather than a reactive approach is necessary to prevent the degradation of the marine environment. 

17.22.        (a)     Apply preventive, precautionary and anticipatory approaches so as to avoid degradation of the marine environment, as well as to reduce the risk of long-term or irreversible adverse effects upon it;

17.22.  (b)  Ensure prior assessment of activities that may have

 significant adverse impacts upon the marine environment;

17.22.  (c)  Integrate protection of the marine environment into

 relevant general environmental, social and economic development

 policies;

17.22.        (d)     Develop economic incentives, where appropriate, to apply clean technologies and other means consistent with the internalization of environmental costs, such as the polluter pays principle, so as to avoid degradation of the marine environment;

17.22.        (e)     Improve the living standards of coastal populations, particularly in developing countries, so as to contribute to reducing

 the degradation of the coastal and marine environment.

17.23.  access to cleaner technologies and relevant research, A precautionary and anticipatory rather than a reactive approach

A precautionary and anticipatory rather than a reactive approach

is necessary to prevent the degradation of the marine environment.  This requires,

inter alia, the adoption of precautionary measures,

 environmental impact assessments, clean production techniques, recycling, waste audits and minimization, construction and/or improvement of

sewage treatment facilities, quality management criteria for the proper handling of hazardous substances, and a comprehensive approach to damaging impacts from air, land and water.  Any management

 framework must include the improvement of coastal human settlements and the integrated management and development of coastal areas.

17.98. .  Meanwhile, precautionary measures should be undertaken to diminish the risks and effects, particularly on small islands and on

low-lying and coastal areas of the world.

There are many uncertainties about climate change and particularly about sealevel rise.  Small increases in sealevel have the potential of causing significant damage to small islands and low-lying coasts.  Response strategies should be based on sound data.  A long-term cooperative research commitment is needed to provide the data required for global climate models and to reduce uncertainty.  Meanwhile, precautionary measures should

 be undertaken to diminish the risks and effects, particularly on small islands and on low-lying and coastal areas of the world.

Management-related activities

17.129 Based on precautionary and anticipatory approaches, design and implement rational response strategies

17.129.  Small island developing States, with the assistance as appropriate of the international community and on the basis of

existing work of national and international organizations, should:

(a)         Study the special environmental and developmental characteristics of small islands, producing an environmental

(b)          profile and inventory of their natural resources, critical

(c)         marine habitats and biodiversity;

(d)         Develop techniques for determining and monitoring the

(e)         carrying capacity of small islands under different

(f)           development assumptions and resource constraints;

(c)  Prepare medium- and long-term plans for sustainable

(d)  development that emphasize multiple use of resources,

(e)  integrate environmental considerations with economic and

(f)     sectoral planning and policies, define measures for

(g)  maintaining cultural and biological diversity and conserve endangered species and critical marine habitats;

(h)  Implement sustainable development plans, including

(i)     the review and modification of existing unsustainable policies

(j)    and practices;

(f)  Based on precautionary and anticipatory approaches,

(g)design and implement rational response strategies to address

(h)the environmental, social and economic impacts of climate

(i)   change and sealevel rise, and prepare appropriate contingency plans;

****LINKS IN CHAPTER 17   TO CLIMATE CHANGE

17.1.  (e)Addressing critical uncertainties for the management of the marine environment and climate change;

(e)     Addressing critical uncertainties for the management of the marine environment and climate change;

17.6.  (e)    Contingency plans for human induced and natural disasters, including likely effects of potential climate change and sealevel rise,

as well as contingency plans for degradation and pollution of

anthropogenic origin, including spills of oil and other materials

 

E.      Addressing critical uncertainties for the management

           of the marine environment and climate change

Basis for action

17.97. The marine environment is vulnerable and sensitive to climate and atmospheric changes.  

The marine environment is vulnerable and sensitive to climate and atmospheric changes.  Rational use and development of coastal areas, all seas and marine resources, as well as conservation of the marine environment, requires the ability to determine the present state of these systems and to predict future conditions.  The high degree of uncertainty in present information inhibits effective management and limits the ability to make predictions and assess environmental change.  Systematic collection of data on marine environmental parameters will be needed to apply integrated management approaches and to predict effects of global climate change and of atmospheric phenomena, such as ozone depletion, on living marine resources and the marine environment.  In order to determine the role of the oceans and all seas in driving global systems and to predict natural and human-induced changes in marine and coastal environments, the mechanisms to collect, synthesize and disseminate information from research and systematic observation activities need to be restructured and reinforced considerably.

17.98.  There are many uncertainties about climate change and particularly about  sealevel rise.  Small increases in sealevel

There are many uncertainties about climate change and particularly about sealevel rise.  Small increases in sealevel have the potential of causing significant damage to small islands and low-lying coasts.  Response strategies should be based on sound data.  A long-term cooperative research commitment is needed to provide the data required for global climate models and to reduce uncertainty.  Meanwhile, precautionary measures should be undertaken to diminish the risks and effects, particularly on small islands and on low-lying and coastal areas of the world.

17.101.  States should consider, inter alia:

(a)     Coordinating national and regional observation

programmes for coastal and near-shore phenomena related

to climate change and for research parameters essential

 for marine and coastal management in all regions;

(k)  Cooperating with a view to adopting special measures

(l)     to cope with and adapt to potential climate change and

(m)       sealevel rise, including the development of globally accepted methodologies for coastal vulnerability assessment, modelling

(n)  and response strategies particularly for priority areas,

(o)  such as small islands and low-lying and critical coastal areas;

17.102.  Recognizing the important role that oceans and all seas play in attenuating potential climate change,

Recognizing the important role that oceans and all seas play in attenuating potential climate change, IOC and other relevant competent United Nations agencies, with the support of countries having the resources and expertise, should carry out analysis, assessments and systematic observation of the role of oceans as a carbon sink.

17.103.  States should consider, inter alia:

(a)     Increasing international cooperation particularly with a view to strengthening national scientific and technological capabilities for analysing, assessing and predicting global climate and environmental change;

17.107. .  One aim should be the predicting of the effects of

climate-related emergencies on existing coastal physical and socio-economic

infrastructure.

International cooperation, through relevant organizations within the

United Nations system, should support countries to develop and integrate

 regional systematic long-term observation programmes, when applicable, into

the Regional Seas Programmes in a coordinated fashion to implement,

where appropriate, subregional, regional and global observing systems based

on the principle of exchange of data.  One aim should be the predicting of

 the effects of climate-related emergencies on existing coastal physical and

 socio-economic infrastructure.

17.126.  Small island developing are considered extremely vulnerable to global warming and sealevel rise

Small island developing States have all the environmental problems and challenges of the coastal zone concentrated in a limited land area. 

They are considered extremely vulnerable to global warming and

sealevel rise

, with certain small low-lying islands facing the increasing threat of the loss

 of their entire national territories.  Most tropical islands are also now

 experiencing the more immediate impacts of increasing frequency of cyclones, storms

and hurricanes associated with climate change.  These are causing major

 set-backs to their socio-economic development.

 17.129(g) Based on precautionary and anticipatory approaches,

design and implement rational response strategies to address the environmental, social and economic impacts of climate change and sealevel rise, and prepare appropriate contingency plans;

***POLLUTION

 ***CHAPTER 17 LINKS TO BIODIVERSITY

 

17.7.  undertake measures to maintain biological diversity and productivity of marine species and habitats under national jurisdiction. 

Coastal States, with the support of international organizations, upon request, should undertake measures to maintain biological diversity and productivity of marine species and habitats under national jurisdiction.  Inter alia, these measures might include:  surveys of marine biodiversity, inventories of endangered species and critical coastal and marine habitats; establishment and management of protected areas; and support of scientific research and dissemination of its results.

17.86.  States should identify marine ecosystems exhibiting high levels of biodiversity and productivity and other critical habitat areas

States should identify marine ecosystems exhibiting high levels of biodiversity and productivity and other critical habitat areas and provide necessary limitations on use in these areas, through, inter alia, designation of protected areas.  Priority should be accorded, as appropriate, to:

(a)     Coral reef ecosystems;

(b)     Estuaries;

(c)     Temperate and tropical wetlands, including mangroves;

(d)     Seagrass beds;

(e)     Other spawning and nursery areas.

17.87(e) Complete/update marine biodiversity, marine living resource and critical habitat profiles      

Complete/update marine biodiversity, marine living resource and critical habitat profiles of exclusive economic zones and other areas under national jurisdiction, taking account of changes in the environment brought about by natural causes as well as human activities.

17.125.  large number of unique species of flora and fauna, giving them a very high share of global biodiversity.

Their geographic isolation has resulted in their habitation of a comparatively large number of unique species of flora and fauna, giving them a very high share of global biodiversity.  They also have rich and diverse cultures with special adaptations to island environments and knowledge of the sound management of island resources.

Objectives

17.128.  States commit themselves to addressing the problems of sustainable development of small island developing States.  To this end, it is necessary:

(a)     To adopt and implement plans and programmes to support the sustainable development and utilization of their marine and coastal resources, including meeting essential human needs, maintaining biodiversity and improving the quality of life for island people;

17.129.  inventory of their natural resources, critical marine habitats and biodiversity;

Small island developing States, with the assistance as appropriate of the international community and on the basis of existing work of national and international organizations, should:

(a)     Study the special environmental and developmental characteristics of small islands, producing an environmental profile and inventory of their natural resources, critical marine habitats and biodiversity;

***POLLUTION

 

17.5.  Coastal States commit themselves to integrated management and sustainable development of coastal areas and the marine environment under their national jurisdiction.  To this end, it is necessary to, inter alia:

(d)Apply preventive and precautionary approaches in project planning and implementation, including prior assessment and systematic observation of the impacts of major projects;

(e)     Promote the development and application of methods, such as national resource and environmental accounting, that reflect changes in value resulting from uses of coastal and marine areas, including pollution, marine erosion, loss of resources and habitat destruction;

 

 NOTE IMPORTANT MONTREAL GUIDELINES FOR THE PROTECTION OF THE MARINE ENVIRONMENT AGAINST POLLUTION FROM LAND-BASED SOURCES (Decision 13/18/II of the Governing Council of UNEP, Of 24 May 1985)

 

 

18.56 industrial discharges combined with overexploitation of available

water resources and threatens the marine environment

 

The trend could significantly increase the quantities of wastes produced

 by the end of the century and increase quantities four to fivefold in the

year 2025. (21.7., solid wastes, agenda 21, UNCED, 1992))

Early in the next century, more than half of the world's population will be

 living in urban areas.  In the year 2025, that proportion will have risen to 60 per cent, comprising some 5 billion people.  Rapid urban population

 growth and industrialization are putting severe strains on the water

resources and environmental protection capabilities of many cities.  

Special attention needs to be given to the growing effects of urbanization on water demands and usage and to the critical role played by local and municipal authorities in managing the supply, use and overall treatment of water, particularly in developing countries for which special support is needed.  Scarcity of freshwater resources and the escalating costs of developing new resources have a considerable impact on national industrial, agricultural and human settlement development and economic growth.

 Better management of urban water resources, including the elimination

 of unsustainable consumption patterns, can make a substantial

 contribution to the alleviation of poverty and improvement of the health

 and quality of life of the urban and rural poor.  A high proportion of large urban agglomerations are located around estuaries and in coastal zones.  such an arrangement leads to pollution from municipal and

 industrial discharges combined with overexploitation of available

water resources and threatens the marine environment and the supply

of fresh water sources (art. 18.56, agenda 21, UNCED, 1992)..

 

****1995 AGREEMENT “RELATING TO THE CONSERVATION AND MANAGEMENT OF STRADDLING FISH STOCKS AND HIGHLY MIGRATORY FISH STOCKS …

is the obligation to invoke the precautionary principle.

to prevent, reduce and control pollution of the marine environment and to take measures necessary to protect and preserve fragile ecosystems as well as the habitat of … forms of marine life.

 

Article 66 1&2,

 the Convention is the following obligation:

1.   States in whose rivers anadromous stock (such as salmon

2.    and surgeon) originate shall have the primary interest in and responsibility for such stocks and shall ensure their

3.   conservation

 

GUIDELINES FOR THE APPLICATION OF PRECAUTIONARY REFERENCE

POINTS IN CONSERVATION AND MANAGEMENT OF STRADDLING FISH

STOCKS AND HIGHLY MIGRATORY FISH STOCKS

 

1.   A precautionary reference point is an estimated value derived through an

agreed scientific procedure, which corresponds to the state of the

resource and of the fishery, and which can be used as a guide for fisheries management.

2. Two types of precautionary reference points should be used: conservation,

 or limit, reference points and management, or target, reference points. Limit reference points set boundaries which are intended to constrain harvesting

 within safe biological limits within which the stocks can produce maximum sustainable yield. Target reference points are intended to meet management objectives.

2.   Precautionary reference points should be stock-specific to account,

3.   inter alia, for the reproductive capacity, the resilience of each stock and

4.    the characteristics

5.   of fisheries exploiting the stock, as well as other sources of mortality

6.    and major sources of uncertainty.

 

 

****1995 BEIJING PLATFORM OF ACTION

 

 ARTICLE 36 depletion of the soil and of coastal and marine resources,

 

Continuing environmental degradation that affects all human lives often

has a more direct impact on women. Women's health and their livelihood are threatened by pollution and toxic wastes, large-scale deforestation, desertification, drought, and depletion of the soil and of coastal and

 marine resources, with a rising incidence of environmentally related

 health problems and even death reported among women and girls.

Those most affected are rural and indigenous women, whose livelihood

 and daily subsistence depends directly on sustainable ecosystems

(Art. 36 Advance draft, Platform of Action, UN. Conference on Women,

 May 15

 

****1996 HABITAT AGENDA

 

105. The unsafe disposal of waste leads to the degradation of the natural environment: aquifers, coastal zones, ocean resources, wetlands, natural habitats, forests and other fragile ecosystems

 

. Rapid urbanization in coastal areas is causing the rapid deterioration of coastal and marine ecosystems.

 

 Increasingly, cities have a network of linkages that extends far beyond

their boundaries. Sustainable urban development requires

 consideration of the carrying capacity of the entire ecosystem

supporting such development, including the prevention and

mitigation of adverse environmental impacts occurring outside

urban areas. The unsafe disposal of waste leads to the degradation

 of the natural environment: aquifers, coastal zones, ocean resources, wetlands, natural habitats, forests and other fragile ecosystems are

 affected, as are the homelands of indigenous people. All

transboundary movements of hazardous waste and substances should

 be carried out in accordance with relevant international agreements

 by parties to those agreements. Rapid urbanization in coastal areas

 is causing the rapid deterioration of coastal and marine ecosystems.(Article105. Habitat II)

 

139(d) Reduce significantly the degradation of the marine environment emanating from land-based activities

 

Reduce significantly the degradation of the marine environment

emanating from land-based activities, including municipal, industrial

and agricultural wastes and run-off, which have a pernicious impact

on the productive areas of the marine environment and coastal areas;

.(139 (d).Habitat II)

 

****2002 WORLD SUMMIT ON SUSTAINABLE DEVELOPMENT

ARTICLE 30(b ) Promote the implementation of chapter 17 of Agenda 21, which provides the programme of action for achieving the sustainable development of oceans

(b ) Promote the implementation of chapter 17 of Agenda 21, which provides the programme of action for achieving the sustainable development of oceans, coastal areas and seas through its programme areas of integrated management and sustainable development of coastal areas, including exclusive economic zones; marine environmental protection; sustainable use and conservation of marine living resources; addressing critical uncertainties for the management of the marine environment and climate change; strengthening international, including regional, cooperation and coordination; and sustainable development of small islands;

30 (b ) Promote the implementation of chapter 17 of Agenda 21, which provides the programme of action for achieving the sustainable development of oceans, coastal areas and seas through its programme areas of integrated management and sustainable development of coastal areas, including exclusive economic zones; marine environmental protection; sustainable use and conservation of marine living resources; addressing critical uncertainties for the management of the marine environment and climate change; strengthening international, including regional, cooperation and coordination; and sustainable development of small islands;

30(d) Encourage the application by 2010 of the ecosystem approach, noting the Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem 15 and decision V/6 of the Conference of Parties to the Convention on Biological Diversity;

31(b) Implement the work programme arising from the Jakarta Mandate on the Conservation and Sustainable Use of Marine and Coastal Biological Diversity of the Convention on Biological Diversity, 22 including through the urgent mobilization of financial resources and technological assistance and the development of human and institutional capacity, particularly in developing countries;

31(c) Develop and facilitate the use of diverse approaches and tools, including the ecosystem approach, the elimination of destructive fishing practices, the establishment of marine protected areas consistent with international law and based on scientific information, including representative networks by 2012 and time/area closures for the protection of nursery grounds and periods, proper coastal land use and watershed planning and the integration of marine and coastal areas management into key sectors;

31d) Develop national, regional and international programmes for halting the loss of marine biodiversity, includ ing in coral reefs and wetlands;

 

33. Advance implementation of the Global Programme of Action for the Protection of the Marine Environment from Land -based Activities 25 and t

he Montreal __________________ 22 See A/51/312, annex II, decision II/10. 23 Ramsar Convention on Wetlands of International Importance

Especially as Waterfowl Habitat (United Nations, Treaty Series, vol. 996,

No. 14583). 24 See United Nations Environment Programme, Convention

 on Biological Diversity (Environmental Law and Institution Programme

Activity Centre), Jun e 1992. 25 A/51/116, annex II. Page 19 Declaration

 on the Protection of the Marine Environment from Land -based Activities,26

with particular emphasis during the period from 2002 to 2006 on municipal wastewater, the physical alteration and destruct ion of habitats, and

nutrients, by actions at all levels to:

(a)  Facilitate partnerships, scientific research and diffusion of technical knowledge; mobilize domestic, regional and international resources; and promote human and institutional capacity -building, paying particular attention to the needs of developing countries; (b) Strengthen the capacity of developing countries in

(b)   the development of their national and regional programmes and mechanisms to mainstream the objectives of the Global Programme o f Action and to manage the risks and impacts of ocean pollution; (c)

(c)  Elaborate regional programmes of action and improve the links with

(d)   strategic plans for the sustainable development of coastal and marine resources, noting in particular areas that are subject to accelerated environmental changes and development pressures; (d) Make every

(e)   effort to achieve substantial progress by the next Global Programme of Action conference in 2006 to protect the marine environment from

(f)    land -based activities.

 

34. Enhance maritime safety and protection of the marine environment from pollution by actions at all levels to: (a) Invite States to ratify or accede to and implement the conventions and protocols and other relevant instruments of

 the International Maritime Org anization relating to the enhancement of maritime

 safety and protection of the marine environment from marine pollution and environmental damage caused by ships, including the use of toxic anti-fouling paints, and urge the International Maritime Organization (IMO) to consider stronger mechanisms to secure the implementation of IMO instruments by

flag States;

36. Improve the scientific understanding and assessment of marine and coastal ecosystems as a fundamental basis for sound decision making, through actions at all levels

Improve the scientific understanding and assessment of marine and coastal ecosystems as a fundamental basis for sound decisionmaking, through actions at all levels to:__________________ 26 See E/CN.17/2002/PC.2/15. Page 20 (a) Increase scientific and technical collaboration, including integrated assessment at the global and regional levels, including the appropriate transfer of marine science and marine technologies and techniques for the conservation and management of living and non -living marine resources and expanding ocean - observing capabilities for the timely prediction and assessment of the state of marine environment;

By 2004

(b) Establish a regular process under the United Nations for global reporting and assessment of the state of the marine environment,

 Establish by 2004 a regular process under the United Nations for global reporting and assessment of the state of the marine environment, including socio - economic aspects, both current and foreseeable, building on

 existing regional assessments;

(c) Build capacity in marine science, information and management, through, inter alia, promoting the use of environmental impact assessments and environmental evaluation and reporting techniques, for projects or activities that are potentially harmful to the coastal and marine environments and their living and non - living resources;

 (d) Strengthen the ability of the Intergovernmental Oceanographic Commission of the United Nations Educational, Scientific and Cultural Organization, the Food and Agriculture Organization of the United Nations and other relevant international and regional and subregional organizations to build national

and local capacity in marine science and the sustainable management of oceans and their resources.

 

40 Agriculture plays a crucial role in addressing the needs of a

growing global population and is inextricably linked to poverty eradication, especially in developing countries. Enhancing the role of women

 at all levels and in all aspects of rural development, agriculture,

 nutrition and food security is imperative. Sustainable agriculture

and rural development are essential to the implementation of an integrated approach to increasing food production and enhancing food security

 and Page 23 food safety in an environmentally sustainable way.

This would include actions at all levels to: (a) Achieve the Millennium Declaration target to halve by the year 2015 the proportion of the

 world’s people who suffer from hunger and realize the right to a

 standard of living adequate for the health and well-being of themselves

and their families, including food, including by promoting food security and fighting hunger in combination with measures which address poverty,

consistent with the outcome of the World Food Summit and, for States

Parties, with their obligations under article 11 of the International Covenant on Economic, Social and Cultural Rights;30 (b) Develop and implement

integrated land management and water-use plans that are based on

 sustainable use of renewable resources and on integrated assessments

 of socio -economic and environmental potentials and strengthen the

 capacity of Governments, local authorities and communities to monitor

and manage the quantity and quality of land and water resources;

58. Small island developing States are a special case both for environment and development. Although they continue to take the lead in the path

towards sustainable development in their countries, they are increasingly

 constrained by the interplay of adverse factors clearly underlined in

Agenda 21, the Programme of Action for the Sustainable Development of

Small Island Developing States 35 and the decisions adopted at the twenty-second special session of the General Assembly. This would include actions at all levels to: (a) Accelerate national and regional implementation of the Programme of Action, with adequate financial resources, including through Global Environment Facility focal areas, transfer of environmentally sound technologies and assistance for capacity -building from the international community; (b) Implement further sustainable fisheries management and improve financial returns from fisheries by supporting and strengthening relevant regional fisheries management organizations, as appropriate,

 such as the recently established Caribbean Regional Fisheries Mechanism

and such agreements as the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific

Ocean; (c) Assist small island developing States, including through

the elaboration of specific initiatives, in delimiting and managing

 in a sustainable manner their coastal areas and exclusive economic zones and the continental shelf, including, where appropriate, the continental shelf

 areas beyond 200 miles from coastal baselines, as well as relevant

regional management initiatives within the context of the United Nations Convention on the Law of the Sea and the regional seas programmes of

 the United Nations Environment Programme; (d) Provide support,

 including for capacity-building, for the development and further

 implementation of:

 (i) the Global Programme of Action for the Protection of the Marine Environment from Land -based Activities in small island developing States;

 

Small island developing States -specific components within

programmes of work on marine and coastal biological diversity; (ii) Freshwater

 programmes for small island developing States, including through the Global Environment Facility focal areas; (e) Effectively reduce, prevent and control waste and pollution and their health -related impacts by undertaking initiatives by 2004 aimed at implementing the Global Programme of Action for the Protection of the Marine Environment from Land -based Activities in small i

sland developing States;

IN THE YEAR 2006

 Make every effort to achieve substantial progress by the next GPA Conference in 2006 to protect the marine environment from land-based activities.( WSSD32(d)

BY 2010

WSSD 30 (d) Encourage the application by 2010 of the ecosystem

 approach,

noting the Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem 15 and decision V/6 of the Conference of Parties to the

 Convention on Biological Diversity; 16WSSD30 (d)

Make every effort to achieve substantial progress by the next GPA

Conference in 2006 to protect the marine environment from land-based activities. WSSD32(d)

    WSSD 33 (a)           Facilitate partnerships, scientific research and

diffusion of technical knowledge; mobilize domestic, regional and

international resources; and promote human and institutional

capacity-building, paying particular attention to the needs of developing countries; (33 (a) WSSD)         

                (b)           Strengthen the capacity of developing countries in the development of their national and regional programmes and

mechanisms to mainstream the objectives of the Global Programme of

 Action and to

 manage the risks and impacts of ocean pollution; 33 (b) WSSD)         

                (c)           Elaborate regional programmes of action and improve

 the links with strategic plans for the sustainable development of coastal

and marine resources, noting in particular areas which are subject to accelerated environmental changes and development pressures; (33 () WSSD)         

                (d)           Make every effort to achieve substantial progress by

 the next Global Programme of Action conference in 2006 to protect the

marine environment from land-based activities. (33 (d) WSSD)   

WSSD34(b) [Agreed] Establish by 2004 a regular process under the United Nations for global reporting  and assessment of the state of the marine environment, including socio-economic aspects, both current  and

foreseeable, building on existing regional assessments; 34(c) WSSD

36 (e) Effectively reduce, prevent and control waste and pollution and their health-related  impacts by undertaking, [by 2004], initiatives aimed at implementing the Global Programme  of Action for the Protection of the Environment from Land-Based Activities in Small Island Developing States; (36e WSSD)

WSSD 38 (e) Support the Arctic Council initiative to assess the

environment

al, social and economic consequences of climate change on the Arctic as

well as on the Antarctic, in particular the impact on local and indigenous

communities. (WSSD 38 (e)

 

IN THE YEAR 2002

Protection of the Marine Environment from Land-based Activities and the Montreal Declaration on the Protection of the Marine Environment

from Land-based Activities,

 Advance implementation of the Global Programme of Action for the

Protection of the Marine Environment from Land-based Activities and the Montreal Declaration on the Protection of the Marine Environment from

 Land-based Activities, with particular emphasis in the period 2002-2006

on municipal wastewater, the physical alteration and destruction of habitats, and nutrients, by actions at all levels to:

(a)                   Facilitate partnerships, scientific research and diffusion of technical knowledge; mobilize domestic, regional and international resources; and promote human and

(b)                   institutional capacity-building, paying particular attention to the needs of developing countries;

 

Strengthen the capacity of developing countries in the development of their national and regional programmes

and mechanisms to mainstream the objectives of the

Global Programme of Action and to manage the risks and impacts of ocean pollution;

                           Elaborate regional programmes of action and improve

 the links with strategic plans for the sustainable development of coastal

 and marine resources, noting in particular areas which are subject to accelerated environmental changes and development pressures;

Make every effort to achieve substantial progress by

 the next Global Programme of Action conference in

2006 to protect the marine environment from

land-based activities. WSSD

IN THE YEAR 2004

 WSSD34(b) global reporting  and assessment of the state of the marine environment

 Establish by 2004 a regular process under the United Nations for

global reporting  and assessment of the state of the marine

environment, including socio-economic aspects, both current

 and foreseeable, building on existing regional assessments;

 WSSD34(b)

 WSSD52 (e) Protection of the Marine Environment from Land-Based Activities in Small Island Developing States

Effectively reduce, prevent and control waste and pollution and their health-related  impacts by undertaking, [by 2004], initiatives aimed at implementing the Global Programme  of Action for the Protection of the Marine Environment from Land-Based Activities in Small Island Developing States; WSSD52 (e)

 

IN THE YEAR 2012

(WSSD31(c) Develop and facilitate the use of diverse approaches and tools, including the ecosystem approach

Develop and facilitate the use of diverse approaches and tools,

ncluding the ecosystem approach, the elimination of destructive

fishing practices, the establishment of marine protected areas

 consistent with international law and based on scientific information, including representative networks, by 2012, and time/area closures

for the protection of nursery grounds and periods, proper coastal l

and use; and watershed planning and the integration of marine and coastal areas management into key sectors; (WSSD31(c)

 

 

 

Last Updated on Friday, 02 October 2015 13:40
 

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