Un specialized agencies and global ocean governance the imli treatise on global ocean governance: volume ii: un specialized agencies and global ocean governance

The 1982 United Nations Convention on the Law of the Sea (UNCLOS) remains the cornerstone of global ocean governance. However, it lacks effective provisions or mechanisms to ensure that all ocean space and related problems are dealt with holistically. With seemingly no opportunity for revision due to the Convention's burdensome amendment provisions, complementary mechanisms dealing with such aspects of global ocean governance including maritime transport, fisheries, and marine environmental sustainability, have been developed under the aegis of the United Nations and other relevant international organizations. This approach is inherently fragmented and unable to achieve sustainable global ocean governance. In light of the Sustainable Development Goals (SDGs), particularly Goal 14, the IMLI Treatise proposes a new paradigm on the basis of integrated and cross-sectoral approach in order to realise a more effective and sustainable governance regime for the oceans. This volume focuses on the role of the UN Specialized Agencies towards the development of effective and sustainable ocean governance by looking at the more elaborate mechanisms they developed in order to achieve the desired objectives laid down in UNCLOS. From FAO to UNODC, the volume examines how they ensure sustainable development and how much coordination exists among them. Cover The IMLI Treatise on Global Ocean Governance Copyright Dedication Table of Contents Table of Cases Table of International Treaties Table of Legislation List of Abbreviations Volume Academic Coordinator Observations List of Contributors I. MARINE LIVING RESOURCES AND MARINE BIODIVERSITY 1. The FAO and Ocean Governance 1.1 Introduction 1.2 Basics about the FAO 1.2.1 Membership 1.2.2 Structure 1.3 Collecting, Analysing, and Disseminating Information and Statistics to Its Members 1.4 Forum for Developing International Instruments, Norms, and Standards 1.4.1 The normative influence of the FAO 1.4.2 FAO legal and policy instruments 1.5 Summing Up 2. The Work of the UNESCO-​IOC in Respect of Global Ocean Governance 2.1 Introduction 2.1.1 Ocean governance 2.1.2 The need for ocean knowledge 2.2 Existing Legal Commitments 2.2.1 UNCLOS 2.2.2 Marine conventions 2.2.3 Soft law 2.3 The Inter-​governmental Oceanographic Commission 2.3.1 Purpose and organizational structure 2.3.2 International collaboration 2.3.3 The ocean governance-​related activities of the IOC 2.4 Enhancement of Ocean Governance 2.4.1 UN activities 2.4.2 Integrated coastal management 2.4.3 Marine spatial planning 2.4.4 Large marine ecosystems 2.4.5 Regional partnerships 2.5 Capacity Development 2.5.1 The need for assistance 2.5.2 Strategic approach 2.5.3 Specific activities 2.5.4 Regional focus 2.5.5 Transfer of marine technology 2.6 Conclusions 3. The Work of the International Civil Aviation Organization in Respect of Global Ocean Governance 3.1 A Brief Introduction 3.2 ICAO and Global Ocean Governance 3.3 The Three Pillars of Interaction 3.3.1 Aviation 3.3.2 Safety/​security 3.3.3 Environment 3.4 Outlook 3.4.1 Knowledge building for environmental protection and management 3.4.2 Civil–​military cooperation in air and sea 3.4.3 Preparedness for emerging/​upcoming technological challenges 3.5 General Comments and Conclusions I I. COMMERCIAL ASPECTS OF THE MARINE ENVIRONMENT 4. The UNDP and Ocean Governance 4.1 Introduction 4.2 History of UNDP and Basic Approach to Governance 4.3 Current and Former Activities 4.3.1 Introduction: from jurisdiction and sector-specific approaches to large marine ecosystems 4.3.2 Developing principles, objectives, and regulatory frameworks: following a regime-​building approach in the development of oceans governance regimes 4.4 Conclusions 5. The International Labour Organization and Ocean Governance 5.1 Introduction 5.2 The International Protection of Maritime Labour 5.3 The Maritime Labour Convention 2006: A New Social Charter for Global Seafaring 5.3.1 The winds of change: ILO’s Joint Maritime Commission and the Geneva Accord 5.3.2 A new blueprint for maritime standard-​setting 5.3.3 The Convention’s format: repackaging hard and soft law 5.3.4 The Convention’s scope: closing the coverage gaps 5.3.5 Steering the course: any room for manoeuvre? 5.3.6 The Convention’s revision process: anticipating future needs 5.3.7 Compliance and enforcement: putting teeth into labour standards 5.3.8 Not falling on deaf ears: new seafarers’ complaint options 5.3.9 The longest ILO instrument ever: navigating through the MLC 2006 Regulations and the Code 5.4 Promoting Decent Work for Fishers and Revisiting Seamen’s Books 5.4.1 The Work in Fishing Convention: throwing the net wide 5.4.2 New biometric standards for seafarers’ identity documents 5.5 Concluding Remarks 6. The Work of the International Monetary Fund and Its Possible Relevance to Global Ocean Governance 6.1 Introduction 6.2 From Bretton Woods to the Late 1970s and Beyond: A Brief History 6.3 The Institutional Profile: Adapting to the Changing World Order 6.3.1 Membership 6.3.2 Organs 6.3.3 Functions 6.4 The Role of the IMF in Global Ocean Governance 6.5 Conclusion 7. INMARSAT and the Modern International Mobile Satellite Organization 7.1 Introduction 7.2 Technical Background 7.3 History 7.4 Maritime Communications 7.5 INMARSAT 7.6 INMARSAT and the New International Mobile Satellite Organization 7.7 The International Mobile Satellite Organization 2016 8. UN Environment Regional Seas Programme 8.1 Introduction 8.2 Mandate of UN Environment on Oceans and Seas 8.3 UN Environment Regional Seas Programme 8.3.1 Overview 8.3.2 Regional seas strategic directions 8.3.3 Action plans and conventions 8.3.4 Institutional arrangements 8.4 Regional Ocean Governance 8.4.1 Overview 8.4.2 Regional seas programmes and regional fisheries bodies 8.4.3 Regional seas programmes and large marine ecosystems 8.4.4 Regional seas and MEAs 8.5 Regional Ocean Policies and Strategies 8.5.1 Overview 8.5.2 African ocean governance strategy 8.5.3 Regional initiative for ecosystem-​based management in the Red Sea and Gulf of Aden 8.5.4 Regional ecosystem-​based management strategy for the ROPME Sea Area 8.5.5 Integrated regional ocean policy for the South-​East Pacific 8.5.6 Partnership for regional ocean governance 8.6 Regional Seas and Areas Beyond National Jurisdictions 8.6.1 Overview 8.6.2 ABNJ and regional seas programmes 8.6.3 Other UN Environment work on ABNJs 8.7 Conclusions 9. The UN World Tourism Organization and Global Ocean Governance 9.1 An Introduction to UNWTO: General Overview 9.1.1 Introduction 9.1.2 Aims 9.1.3 Structure and governance 9.1.4 Membership 9.2 UNWTO and Sea-​related Tourism 9.2.1 Tourism and sustainable development goals 9.2.2 Ocean governance and sea-​related tourism 9.2.3 Sustainable development of tourism 10. The Work of WIPO and Its Possible Relevance for Global Ocean Governance 10.1 What is WIPO? 10.1.1 Legal foundations and mandate 10.1.2 Ocean-​related matters and WIPO: an uneasy fit? 10.2 Global Ocean Governance and the Work of WIPO: Possible Inter-​relationships 10.2.1 Normative work 10.2.2 Capacity building and other practical activities and tools 10.3 WIPO’s Work Relevant to the 2030 Agenda for Sustainable Development and the Sustainable Development Goals 10.4 Conclusions: The Future Role of WIPO in the Context of the Evolving Sustainable Ocean Governance 11. The Contribution of UNODC to Ocean Governance 11.1 Institutional Development and Profile of UNODC 11.1.1 The establishment of UNODC 11.1.2 Governance and budget 11.2 UNODC and the 2030 Agenda for Sustainable Development 11.3 UNODC and Ocean Governance 11.3.1 Ocean governance and effective prevention and repression of crime at sea 11.3.2 UNTOC, other legal bases for UNODC’s action, and UNCLOS: a coherent framework 11.4 UNODC’s Contribution to Ocean Governance 11.4.1 The Container Control Programme 11.4.2 The Global Maritime Crime Programme 11.5 Conclusions 12. The Contribution of UNHCR to Ocean Governance 12.1 The UNHCR: An Introduction 12.1.1 Its creation and difficult beginnings 12.1.2 The progressive expansion of its mandate 12.1.3 The role of the UNHCR Executive Committee 12.2 The UNHCR and the Handling of Irregular Migration by Sea Crises 12.2.1 The Haitian crisis 12.2.2 The Indochinese crisis 12.3 The UNHCR and the Development of the Search and Rescue Legal Framework 12.3.1 The international legal framework of search and rescue services 12.3.2 Inter-​institutional dialogue and normative developments 12.4 The Contribution of UNHCR to Ocean Governance I I I. HUMAN HEALTH AND HUMAN RIGHTS 13. Healthy Oceans for Healthy Lives: The Contribution of the World Health Organization to Global Ocean Governance 13.1 Oceans and Human Health 13.1.1 Benefits to human health provided by the oceans 13.1.2 Risks for public health associated with anthropogenic and natural hazards 13.2 The World Health Organization 13.2.1 Institutional profile and position in the United Nations system 13.2.2 Governing texts and governing bodies 13.2.3 Competence and activity in the field of environmental health 13.3 The Contribution of the WHO to Global Ocean Governance 13.3.1 General assessment 13.3.2 Specific areas of intervention 13.4 Commitment to Ocean-​related Sustainable Development Goals 13.5 The Potential for a Strengthened and More Visible Role of the WHO in Ocean Governance 14. Global Ocean Governance: The Work of UNCTAD 14.1 Introduction and Background 14.2 UNCTAD’s Role in Ocean Governance: International Maritime Transport Law and Policy 14.2.1 International conventions, model rules, and standards adopted under the auspices of UNCTAD 14.2.2 UNCTAD Policy Research and Advice 14.2.3 Outlook 14.3.1 UNCTAD policy research pillar 14.3.2 UNCTAD expert dialogue pillar 14.3.3 Consensus building in addressing harmful incentives 14.3.4 Conclusions and the New UNCTAD XIV Mandate 15. Our Oceans, our Livelihoods: The World Bank and Oceans Governance 15.1 The World Bank 15.1.1 Institutional overview and structure 15.1.2 Position in the United Nations system 15.1.3 Mission of the World Bank 15.2 Our Oceans: Our Earth’s Valuable Natural Assets, Ecosystems, and Economies 15.2.1 Coastal states: duties and obligations, and coastal economies 15.2.2 Food security 15.2.3 Food security and marine biodiversity 15.2.4 Climate change 15.2.5 Challenges 15.2.6 The need to promote marine and coastal area asset management: understanding ecosystems 15.3 The World Bank and Its Strategy towards Healthier Oceans 15.3.1 ‘Blue growth’: sustainable economic expansion 15.3.2 Partners 15.3.3 Output and projects 15.3.4 General assessment 15.4 Conclusion 16. Ethics of International Maritime Law and Ocean Governance 16.1 Introduction 16.2 Ethical Flavour of International Law 16.3 Law of the Sea 16.4 Maritime Law 16.5 Ocean Governance 16.6 Conclusion: The Crucial Importance of Upbringing and Education 17. Intergenerational Equity, Ocean Governance, and the United Nations 17.1 Introduction 17.2 The Concept of Intergenerational Equity within the Context of Sustainable Development and the Protection of the Environment 17.3 International Conventions and Soft Law Instruments Including the Principle of Intergenerational Equity 17.4 The 1982 United Nations Convention on the Law of the Sea and Intergenerational Equity 17.5 International Case Law and Future Generations 17.6 National Case Law and Future Generations 17.7 Constitutional and Institutional Protection of the Rights of Future Generations 17.8 The United Nations and Future Generations 17.9 Conclusions Index 377 The future of our oceans relies on an expansive legal framework. This second volume in a three part series considers autonomous organizations working inside the remit of the UN: are they ensuring sustainable development, are efforts adequately administrated, and how much co-ordination is there between different legal bodies?