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Ocean Law Bulletins

Oceans Governance: The Class of 2020 provide promise for the Pacific region

Jul 28, 2020 / by Siwatibau & Sloan posted in Oceans Law, Pacific, National Fisheries Policy, Marine Protected Areas, Parties to the Nauru Agreement, Environmental Management Act 2005, UNCLOS, International Law, Commercial fishing, Integrated Oceans Management Policy, Forum Fisheries Agency, Environmental governance, Environmental decision making, Environmental Impact Assessments, Law of the Sea Convention, Sovereign Rights, Integrated Oceans Management Pacific, Pacific Ocean Rights, traditional rights, Pacific Blue Economy, Pacific Island Rights, Large Ocean States, Marine Pollution, UN Oceans, Seabed Mining, Oceans Governance, Pacific Ocean, Precautionary Principle, School of Marine Studies, Tuna Management Pacific, TuvaluExperts, TuvaluNationalOceanPolicy, OceansPolicy

Oceans Governance is a 3rd year undergraduate course offered by the School of Marine Studies, within the University of the South Pacific (USP).

Oceans Governance attracts a number of motivated students from a variety of Pacific Island Countries who frequently bring years of professional work experience to compliment their future careers as marine managers and decision makers. Oceans Governance complements the 2nd year undergraduate course in “Law of the Sea”. Both courses are designed by the highly regarded law of the sea and fisheries legal expert, Mr Pio Manoa who is currently working with the Forum Fisheries Agency.

While our firm has been privileged to coordinate and teach Oceans Governance and Law of the Sea for the last 3 years - to reflect the multi-disciplinary nature and broad topic that is Oceans Governance - a variety of guest lecturers have complimented the course. As well as adding interest and providing inspirational talks for the students this demonstrates the depth of knowledge and expertise in the Pacific. In this brief overview of the course we draw specific attention to the expertise of the visiting lecturers and the efforts made by the talented students of USP and how we think this bodes well for the Pacific region in the future.

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Marine Pollution from fishing vessels in the Pacific Ocean - what is the Western and Central Pacific Fisheries Commission doing about it?

Nov 5, 2018 / by Viv Fernandes posted in Oceans Law, Pacific, UNCLOS, International Law, Commercial fishing, Marine Conservation, Forum Fisheries Agency, fisheries law, marine pollution from shipping, Pacific Island Rights, Marine Pollution, Oceans Governance, Pacific Ocean, Tuna fisheries, WCPFC, Marine pollution from commercial fishing vessels

The Western and Central Pacific Fisheries Commission (WCPFC) emerged as result of the 1982 United Nations Law of the Sea Convention (LOSC) that, amongst other things, requires regional cooperation to promote the conservation and management of shared fisheries resources.

WCPFC determines, advises on and implements many of the regional management mechanisms required by international law with the aim of securing cooperation between States to better protect, conserve and manage the Pacific’s vitally important fisheries. This role focuses on the conservation and management of the valuable, shared and highly migratory tuna (and similar fish) resources of the western and central Pacific Ocean (WCPO) that are under threat from many sources, not least, marine pollution.

Tackling marine pollution is challenging because of its many sources, most of which cannot be regulated by the WCPFC, and while pollution from shipping is regulated, pollution from or created by fishing vessels has been largely overlooked. In this legal bulletin we consider how the WCPFC is addressing the pressing and important issue of marine pollution created by fishing vessels plying their trade in the Western Pacific. For more information on the issue of marine pollution from fishing vessels please see this report from SPREP: here or Fisheries Consultant, Francisco Blaha's blog on the topic: here

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Marine Pollution in the Pacific Ocean - The International Legal Framework - how it works and its challenges for Pacific Island Countries

Sep 16, 2018 / by James Sloan posted in Marine Conservation, Forum Fisheries Agency, Environmental Impact Assessments, fisheries law, marine pollution from shipping, Fiji Environmental law, Law of the Sea Convention, Sovereign Rights, Integrated Oceans Management Pacific, Marine Spatial Planning Pacific, Pacific Ocean Rights, Blue Economy, Raising Pacific Voices, Pacific Island Rights, Large Ocean States, Marine Pollution, UN Oceans

Pollution of the oceans and marine environment is an important issue for Pacific Island Countries (PICs) because it damages natural resources, reduces the economic value of PICs' legal rights to those resources, and negatively impacts fishing communities as well as income generating activities like tourism.

A significant challenge is that marine pollution comes from many sources and most of those sources are land based, including but not limited to, careless discard of plastics. For more information on plastic pollution in the Pacific ocean please see here

This legal bulletin examines the overall international legal framework for the protection and preservation of the marine environment set out in the the 1982 United Nations Law of the Sea Convention (LOSC) and suggests other actions that PICs, regional organisations, and CSOs may take in accordance with LOSC to address marine pollution in the Pacific ocean.

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