Remaining gaps & challenges in capacity building & TMT to implement the oceans-related outcomes of the major summits on sustainable development

Transcription

1 Remaining gaps & challenges in capacity building & TMT to implement the oceans-related outcomes of the major summits on sustainable development By Ambassador Kriangsak Kittichaisaree 1

2 I. Introduction 3 pillars of sustainable development: economic development social development environment protection 2

3 What capacity to build & technology to (A) Best practices be transferred? (B) Know-how: data and information, and interpretation of data (C) Marine Scientific Research (Part XII, UNCLOS 1982) (D) Training (E) Freely available/accessible information/equipment/technology: Online Access to Research in the Environment (OARE) E.g., Norway s Nansen Programme a research vessel made available for developing countries, operated from Norway with Norwegian crew + core scientific staff, flying the UN-flag 3

4 II. Gaps & Challenges (A) Gaps identified by: Unedited Reporting Material on the topic of focus at ICP12: limited educational, training & technical capacity & financial resources need for marine science & transfer of technology to fill knowledge gaps increased international & inter-agency cooperation & coordination, + continued efforts to build necessary capacity. Political will and the targeted allocation of sufficient resources at all levels remain vital. 4

5 Road map: Identify needs in a comprehensive manner Prioritize Identify human/technical/financial resources Coordinate & pool resources Avoid duplication of efforts among capacitybuilding providers 5

6 Identified capacity-building needs include: Energy-related research Marine biotechnology and IPRs Strengthening management structures (esp. integrated coastal management) Protection of the marine environment Disaster preparedness Addressing the adverse effects of climate change 6

7 SIDS Barbados Programme of Action for the Sustainable Development Mauritius Declaration and Strategy Capacity building needs for scientific research sustainable fisheries development sea-level rise and climate change waste management etc. 7

8 Other priorities: - Fishery resources assessment - Appropriate division of responsibility b/w the coastal State, port State, and flag State in sustainable management & control of marine fisheries - Assessment of marine environmental damage + pursuit of legal action for compensation - Comprehensive insurance coverage for activities which pose potential harm to the marine environment - Studies on impact of underwater noise on nonmammals 8

9 (B) Challenges Part XIV, UNCLOS 1982: TMT, but no fund or assistance programme established. Probably = the greatest gap in implementation among all UNCLOS provisions Acquisition of new technologies, e.g., equipment, research vessels & infrastructure, is beyond reach of most developing States Human resources shortage enforcement re: fishing activities & marine environment 9

10 III. Targeted Allocation of Sufficient Resources, Incl. Financial Resources (A) Implementing Mechanisms (a) Bilateral arrangements (b) Multilateral (international and inter-agency) arrangements - Regional organizations seem to be the most appropriate mechanisms o E.g., Southeast Asian Fisheries Development Center (SEAFDEC) o E.g., UNESCAP Trust Fund for Tsunami, Disaster and Climate Preparedness (set up in 2005) - International watchdogs to monitor & pursue legal action against environmental pollution (c) Public-private partnerships (e.g., Asian Disaster Preparedness Centre) (d) Private-private partnerships (e) Combined mechanism: IOC Criteria & Guidelines on Transfer of Marine Technology (2003) (f) Pooling of resources to achieve economies of scale, e.g.: Global Environment Facility (GEF) UN Trust Fund The ISA Endowment Fund for MSR in the Area 10

11 (A)Challenges IV. Challenges & Solutions (a) International instruments with soft law approach are not legally enforceable. E.g., the UN Fish Stocks Agreement of 1995: shall cooperate. (e.g., to establish special funds) (b) Unequal bargaining power? E.g., Living resources: need to develop capacities for effective sustainable development of coastal States fisheries & high seas fisheries Such needs could be implemented via UNCLOS 1982, Art. 62 (4) (a), (f), and (j). But, complaints that the grant of access to the EEZ living resources to foreign fishing vessels have not translated into capacity-building capacities. 11

12 Suggestions: (a) Checklist jointly developed by fishing States & coastal States to provide equitable balance of interests (b) Fisheries subsidies aimed at developing fishing capacity of developing States, esp. those States with artisanal or small-scale fisheries, + without undermining sustainable fishery management. 12

13 (c) Proprietary rights: Art. 267 (Protection of legitimate interests), UNCLOS 1982 (under Part XIV: Development & TMT): due regard for all legitimate interests including,, inter alia, the rights and duties of holders, suppliers and recipients of marine technology. IOC Criteria and Guidelines on TMT: TMT should be conducted on fair and reasonable terms and conditions. As a general rule, such transfer should be done free of charge, or at a reduced rate for the benefit of the recipient country; In conducting a TMT, due regard should be given to: [o]ther legitimate interests including, inter alia, the and duties of holders, suppliers and recipients of technology; 13 rights marine

14 Proprietary rights time limit? Bargaining power? Cf. experience in negotiating with registered pioneer investors (training, technology transfer) in the Area Deep seabed mining TMT model? Art. 144, UNCLOS 1982: The ISA shall take measures to acquire technology and scientific knowledge, & to promote + encourage the transfer to developing States under fair and reasonable terms and conditions. 14

15 Annex III, Art. 5 (8): Definition of Technology Annex III, Art. 5 (1) (2) (3) (6) (7) bilateral arrangements: contractual obligations to acquire technology under licence or other appropriate arrangements Annex III, Art. 5 (5) through an international organization: convening a meeting of a group of States composed of those having access to the required technology, to make such technology available on fair and reasonable commercial terms and conditions, and each of such State shall take all feasible means to this end within its own legal system. The international organization concerned should be allocated sufficient funding to acquire such technology for shared use of developing States. 15

16 V. DAOLOS or IOC or UN-OCEANS as (a) DAOLOS the focal point for coordination? (b) IOC: bearing a special responsibility under UNCLOS 1982 as a competent international organization for promotion of international cooperation & coordination of programmes in ocean & coastal scientific research, related services and capacity building. Questionnaire for IOC Member States to answer by 30 May 2011 re: Review of IOC Advisory Body of Experts on the LOS (IOC/ABE-LOS), whose mandate includes the dissemination and implementation of the Criteria and Guidelines on the Transfer of Marine Technology (c) UN OCEANS - An effective, transparent and regular inter-agency coordination mechanism on ocean and coastal issues within the United Nations system, set up to, among others: Promote the integrated management of oceans at the international level; Promote the coherence of UN system activities on oceans and coastal areas with the mandates of the General Assembly, and the priorities contained in the Millennium Development Goals, the Johannesburg Plan of Implementation & of governing bodies of all members of UN-OCEANS. 16