Julien Rochette

Bridging the Gap between Legal and Institutional Developments within Regional Seas Frameworks

AbstractThe last four decades have seen a considerable development of regional environmental law, especially within the United Nations Environment Programme’s Regional Seas Programme. However, implementation remains far from satisfactory. Among the enabling conditions that would favour more systematic implementation, appropriate institutional frameworks are key. It is therefore timely to examine the various ways in which institutional developments may keep up with legal progress. This article provides an international overview of institutional arrangements set up in various regional seas frameworks, and underlines common patterns as well as the variety of options experienced. It then sheds light on the Nairobi Convention framework as a typical case of a gap between legal and institutional developments. It draws on the worldwide review to explore a number of ways by which the institutional framework in the Western Indian Ocean region could be brought up to speed with the legal framework.

Regional Management of Areas beyond National Jurisdiction in the Western Indian Ocean: State of Play and Possible Ways Forward

In recent years, the international community has become increasingly aware of the growing threats to marine biodiversity in areas beyond national jurisdiction ( ABNJ ), and international discussions on a new international legally binding are underway. In parallel, some States, through regional organisations, have progressively extended their activities into ABNJ , particularly through the development of area-based management tools ( ABMT s). In this article , we consider how actors in the Western Indian Ocean ( WIO ) might engage in ABNJ governance. In particular, we develop some possible scenarios for developing ABMT s in the WIO , including through the development of fisheries closures, the establishment of marine protected areas ( MPA s), and the adoption of ABMT s under the auspices of relevant international organisations. We conclude that while the WIO is currently not the most advanced region in terms of ongoing efforts to improve the governance of ABNJ , there are already some positive signals and promising options for the future.

Protect the neglected half of our blue planet

Maintaining momentum is crucial as nations build a treaty to safeguard the high seas, argue Glen Wright, Julien Rochette, Kristina M. Gjerde and Lisa A. Levin. Maintaining momentum is crucial as nations build a treaty to safeguard the high seas, argue Glen Wright, Julien Rochette, Kristina M. Gjerde and Lisa A. Levin.

Regional oceans governance: making Regional Seas programmes, regional fishery bodies and large marine ecosystem mechanisms work better together

This review is intended to assist states that participate in existing regional oceans governance mechanisms, as well as those that are considering participating, by clarifying the key distinctions between their mandates, highlighting the successes and challenges of existing mechanisms, and outlining cooperation and coordination efforts. Options are identified for strengthening existing mechanisms and cooperation and coordination between them, as well as for the creation of new regional oceans governance mechanisms, with particular reference to EBM.

Sustainable Development of the Oceans: Closing the Gaps in the International Legal Framework

The world’s oceans are critical providers of ecosystem services and they are under increasing pressure from expanding and intensifying human activities. A range of international instruments and institutions aim to regulate maritime activities, though some legal gaps in the international framework remain. In particular, areas beyond national jurisdiction (ABNJ) lack an overarching regulatory framework, with no provisions for marine protected areas, environmental impact assessment, or access and benefit sharing in relation to marine genetic resources. There are also gaps and weakness in the international framework for the exploitation of offshore oil and gas resources. In this chapter, we highlight these gaps, outline relevant ongoing processes to fill them, and propose ways forward.