BRIEF January 27, 2022

Strengthening Capacity on Ocean Governance

underwater deep blue sea; nail refit/Shutterstock

Photo credit: nail refit/Shutterstock.

Overview
Trainings
Events
Resources

International agreements on oceans aim to promote international cooperation for their peaceful and sustainable use, including by reducing pollution, protecting biodiversity, and regulating fisheries. The World Bank, with PROBLUE support, has developed a set of tools and trainings to increase knowledge about ocean governance, treaties, and their implementation in national legal frameworks. By raising the level of understanding on the various international conventions that govern the oceans, this work aims to support the development of sustainable blue economies.
Key Publications
Ocean Governance Summaries
Summaries of relevant international legal agreements on oceans, trade, fisheries, pollution and conservation, such as the United Nations Convention on the Law of the Sea (UNCLOS), the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and others.
Legal Dimensions of Sea Level Rise - Pacific Perspectives

This report reviews the projected impacts of sea level rise and ocean-related climate change on coastal States and presents a series of responses to key legal and policy questions faced by these States including impacts of sea level rise on the maritime rights of coastal States, the legal implications of an island State becoming uninhabitable, legal and policy options relating to human mobility in the context of climate change, and the ways in which the international community is able to provide support for States that need to adapt to impacts from sea level rise.
The World Bank runs a training program on the main international conventions related to the oceans and the blue economy, in partnership with the University of Melbourne Law School, the Division for Ocean Affairs and the Law of the Sea of the Office of Legal Affairs of the United Nations, and with the International Seabed Authority, the Food and Agriculture Organization of the United Nations, and the Center for Maritime and Oceanic Law at the University of Nantes in France.
Self-paced e-learning ***COMING Summer 2022*** This course will be free and available online to all.
Regional workshops on key international legal frameworks on ocean governance with the objective of strengthening implementation at the national level and combatting growing threats to the marine ecosystem. The regional workshops are open to government officials, staff of partner institutions, and representatives from civil society and the private sector working directly on ocean governance issues.
The workshops are free, and interested stakeholders are invited to submit an application based on calls for application.
- Pacific. The workshop in Spring 2021 brought together nearly 50 participants from 19 countries.
- Africa. The workshop in Fall 2021 brought together approximately 90 participants from 28 different counties. The training was delivered in English and French.
- Additional workshops are being planned in other regions, including Latin America and the Caribbean.
To learn more about and apply to these workshops, please check this page for updates or contact oceangovernancetraining@worldbank.org.
Oceans and Climate Change: Emerging Issues in International Law and World Bank Operations
June 29, 2021
Watch the recording
Ocean-Related International Conventions and the Blue Economy
April 1, 2020
Disclaimer: The written and other materials referenced below were compiled and prepared as part of the World Bank training program. They do not necessarily represent the views of the organizing institutions, their Boards of Directors, or their members. Nor do the materials or presentations imply the expression of any opinion on the part of the organizing institutions concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. In addition, the provision of information concerning developments relating to the law of the sea emanating from actions and decisions taken by States does not imply recognition by the organizing institutions of the validity of the actions and decisions in question. The materials provided were current as of July 2021.
Core Modules

Introduction

United Nations, World Oceans Day, June, 8 | Background | Resources
Summary of the Second World Ocean Assessment (2020), transmitted by Letter dated 13 October 2020 from the Co-Chairs of the Ad Hoc Working Group of the Whole on the Regular Process for Global Reporting and Assessment of the State of the Marine Environment, including Socioeconomic Aspects, addressed to the President of the General Assembly, A/75/232/Rev.1 (Nov. 20, 2020), (pp. 1-7, 34)
Oceans and the Law of the Sea, Rep. of the S.G., U.N. Doc. A/75/340 (Sep. 9, 2020), (pages 1-7)

Maritime Zones and Institutions under the Convention for the Law of the Sea (UNCLOS)

Ocean Governance Summary – UNCLOS
Division for Ocean Affairs and the Law of the Sea, UNCLOS at 30 (U.N., 2012)

UNCLOS and Ocean Governance

Publications
Div. for Ocean Affairs and the Law of the Sea, Obligations of States Parties Under the United Nations Convention on the Law of the Sea and Complementary Instruments (U.N. 2004) - also in French and Spanish (pp. 1-3)
Lisa M. Campbell et al. Global Oceans Governance: New and Emerging Issues, 41 ANN. REV. ENV’T. RESOURCE 517 (2016), (pp. 518-23)
Treaties
Ocean Governance Summary – UNCLOS, full agreement text available here.

Operationalizing Ocean Governance and the Blue Economy

Oceans Governance
Executive summary, OECD (2020), Sustainable Ocean for All: Harnessing the Benefits of Sustainable Ocean Economies for Developing Countries, The Development Dimension, OECD Publishing, Paris.
Key recommendations to achieve sustainable ocean economies (Infographic), OECD (2020), Sustainable Ocean for All: Harnessing the Benefits of Sustainable Ocean Economies for Developing Countries, The Development Dimension, OECD Publishing, Paris. Direct Link to the Key recommendations
Finance
International Partnership for Blue Carbon, Coastal blue carbon: An Introduction for Policy Makers
World Bank. 2020. Cabo Verde: Blue Bond Note, pp 10-15
U.N. Environment Programme Finance Initiative Sustainable Blue Economy, Rising Tide: Mapping Ocean Finance for a New Decade (2021), (pp. 8-14)
SDGs and Oceans
The 17 Goals. U.N. Department of Econ. and Soc. Affairs
Sustainable Development Goal 14, U.N. Department of Econ. and Soc. Affairs
Sustainable Tourism, Sustainable Development Goals Knowledge Platform

Climate Change: Mitigation and Adaptation

Ocean Governance Summary – Paris Agreement and UNFCCC, full agreement texts available here and here.
Paris Agreement, Dec. 12, 2015, T.I.A.S. No. 16-1104., available at – UNCLOS, full agreement text available here
World Bank Group, Climate Change Action Plan 2021-2025
World Bank Group, Legal Dimensions of Sea Level Rise: Pacific Perspectives (David Freestone and Duygu Cicek) (2021)

Fisheries

Multilateral Fisheries Instruments
UNCLOS, particularly Articles 55-58, 61-67, 73, 87, 116-119, Annex I
Report of the Secretary-General submitted in accordance with paragraph 17 of General Assembly resolution 59/25, to assist the Review Conference to implement its mandate under paragraph 2, article 36 of the United Nations Fish Stocks Agreement, A/CONF.210/2006/1, paras. 1-6, 12-15, 137, 217-218, 267, 292.
Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas Development (Compliance Agreement)
Port State Measures Agreement articles 1 (definition of IUU fishing), 8, 9 and 11.
Regional Fisheries Management
United Nations Fish Stocks Agreement (particularly articles 2 to 14, 17, 19 to 22 and 24 to 26)
Haas, B. et al. (2020) ‘Factors influencing the performance of regional fisheries management organizations’, Marine Policy, 113. doi: 10.1016/j.marpol.2019.103787.
International Regulatory Frameworks to combat IUU Fishing
International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, particularly II (3)
Request for Advisory Opinion submitted by the Sub-Regional Fisheries Commission, Advisory Opinion, 2 April 2015, ITLOS Reports 2015, p. 4 (only Questions 1,2)

Trade

General Agreement on Tarriffs and Trade (GATT)
Agreement on Subsidies and Countervailing Measures (SCM)
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
Agreement on Port State Measures (PSMA)
WTO Case Summary of Appellate Body Report, US — Shrimp: Summary | Full case

Marine Pollution

Article
Chair’s Summary of the Work of the Ad Hoc Open-Ended Expert Group on Marine Litter and Microplastics for Consideration by the United Nations Environment Assembly at its Fifth Session (Nov. 13, 2020)
Treaties
United Nations Convention on the Law of the Sea, Dec. 10, 1982, 1833 U.N.T.S. 397. (Article 192, 194, 207, and 213)
Ocean Governance Summary – Basel Convention, full agreement text available at here
Ocean Governance Summary – MARPOL, full agreement text available here
Ocean Governance Summary – London Convention & Protocol, full agreement text available here
Ocean Governance Summary - Ballast Water Convention, full agreement text available here
Ocean Governance Summary – UNCLOS, full agreement text available here

Marine Conservation and Biodiversity

Treaties
Biodiversity
Ocean Governance Summary – UNCLOS, full agreement text available here
Ocean Governance Summary – Convention on Biological Diversity, full agreement text available here
Threatened Species
Ocean Governance Summary – Convention on International Trade in Endangered Species of Wild Fauna and Flora, full agreement text available here
Ocean Governance Summary – Convention on Biological Diversity, full agreement text available here
Ocean Governance Summary – Convention on the Conservation of Migratory Species of Wild Animals, full agreement text available here

Activities in the Area

Treaties and Case
United Nations Convention on the Law of the Sea, Dec. 10, 1982, 1833 U.N.T.S. 397
Part I: Article 1(1) and (3)
Part XI: Articles 133, 136, 137, 140, 141, 143, 145, 153, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 170 and 191
Annexes III: Articles 8-9
Agreement Relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982, July 28, 1994, 1863 U.N.T.S. 3, Article 2 and Annex: Section 1, Section 2, Section 3, and Section 9.”
Ocean Governance Summary – UNCLOS, full agreement text available here
Responsibilities and Obligations of States with Respect to Activities in the Area, Advisory Opinion, 2011 ITLOS Rep. 10 (Feb. 1) (Only paragraphs 25-30; 82-97)
Article
Michael W. Lodge, International Seabed Authority (ISA) in Max Planck Encyclopedia of Public International Law (2020) (Especially pp. 2-14)
Biodiversity on the Area
BBNJ Conference, Statement by the President of the Conference at the Closing of the Third Session, U.N. Doc. A/CONF.232/2019/10* (Sep. 13, 2019),
BBNJ Conference, Revised Draft Text of an Agreement Under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, Note from the President, U.N. Doc. A/CONF.232/2020/3 (Nov. 18, 2019), (Introduction and overall structure of the draft text only)

Maritime Security: The Repression of Crimes at Sea Under UNCLOS

Article
U.N. Secretary-General, Oceans and the Law of the Sea, U.N. Doc. A/63/63 (Mar. 10, 2008) (Paragraphs 43-113.)
Treaties
United Nations Convention on the Law of the Sea, Dec. 10, 1982, 1833 U.N.T.S. 397 (Articles 17-21, 27, 28, 33, 56, 58, 73, 92, and 100-111.)

Dispute settlement

Treaties and Cases
Charter of the United Nations (Article 33)
Ocean Governance Summary – UNCLOS, full agreement text available here
The Tribunal, ITLOS (last visited Mar. 11, 2021)
The Court, ICJ (last visited Mar. 11, 2021)
Perm. Ct. Arb Press Release, Conciliation Between the Democratic Republic of Timor-Leste and the Commonwealth of Australia (May 9, 2018)
ITLOS Press Release, Dispute Concerning Delimitation of the Maritime Boundary Between Bangladesh and Myanmar in the Bay of Bengal (Bangladesh/Myanmar) (Mar. 14, 2012)

Marine Scientific Research

United Nations Division for Ocean Affairs and the Law of the Sea, Marine Scientific Research: A Revised Guide to the Implementation of the Relevant Provisions of the United Nations Convention on the Law of the Sea (2010) (pages 1-3 and 37-48).

Maritime Transport

United Nations Convention on the Law of the Sea, Dec. 10, 1982, 1833 U.N.T.S. 397. (Articles 17-26, 58 and 87), available here
International Oil Pollution Compensation Funds, Explanatory Note (July 2021)