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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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The Importance of regional cooperation between Pacific Island Countries for fisheries management and to increase the benefits for Pacific Islanders

Apr 27, 2020 / by James Sloan posted in Oceans Law, Human Rights, Pacific, human rights at sea, Flags of convenience, Labour standards at sea, human rights abuses at sea, Parties to the Nauru Agreement, UNCLOS, International Law, Maritime boundaries, Sovereignty, Traditional fishing rights, Integrated Oceans Management Policy, fisheries management, Environmental governance, Environmental decision making, fisheries law, Fiji commercial lawyers, Law of the Sea Convention, Sovereign Rights, Integrated Oceans Management Pacific, traditional rights, Pacific Blue Economy, Blue Economy, Pacific Island Rights, Tuna fisheries, WCPFC, Tuna Management Pacific, Covid-19, Pacific Island Fisheries

In accordance with the United Nations Law of the Sea Convention (UNCLOS) Pacific Island Countries (PICs) have the use and management rights to the resources within and under huge areas of Pacific ocean. These rights include the exclusive sovereign rights to use and manage all of the resources in these ocean spaces and on and under the seabed. However, there remains disagreement between some PICs over where the maritime boundaries should be drawn as well as a lack of a unified position in relation to how the resources should be exploited.

As the world goes through unprecedented change due to the Covid-19 pandemic, renewed cooperation among PICs is more important than ever to secure better governance, more effective fisheries management and more benefits from the resources flowing back to Pacific Islanders.

Dr Transform Aqorau has recently published an insightful article that explains some of the resilience more Pacific based tuna operations are experiencing in the face of Covid-19. This is available here.

In this legal bulletin we set out an explanation of the law and governance context that we hope explains why and how more regional cooperation to implement a shared plan with more transparency at regional and national levels will benefit Pacific Islanders.

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Fiji Fisheries Regulation and the enforcement of minimum sizes for mud crabs

Jun 10, 2019 / by Emily Samuela posted in Fiji mangroves, fisheries management, Illegal fishing in Fiji's nearshore waters, Fiji Fisheries Regulations, fisheries law, Pacific Ocean Rights, traditional rights, Ministry of Fisheries Fiji, Fiji fisheries laws, Fiji mud crabs

The mud crab (Scylla serrata) is a delicacy in Fiji and can fetch high prices. However, over-crabbing in recent times has led to the decline in mud crabs. This has resulted in juvenile or undersized crabs being sold in markets and roadside stalls on a regular basis.

Recent reports in Fiji's media have highlighted the commendable work done by Ministry of Fisheries officials in monitoring the sale of undersized crabs and the confiscation of any such crabs smaller than the minimum size set by Fiji laws.[1]

In this bulletin, we outline the applicable law in Fiji that stipulates the legal sizes of crabs that may be harvested or sold, and the powers of the Ministry of Fisheries officers in the enforcement of such laws.

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Pacific Ocean Legal Rights: The implications for a Pacific Blue Economy, the importance of Integrated Oceans Management and the vital role of Civil Society Organisations

Sep 5, 2018 / by James Sloan posted in Oceans Law, UNCLOS, International Law, Maritime boundaries, Sovereignty, Integrated Oceans Management Policy, Law of the Sea Convention, Sovereign Rights, Integrated Oceans Management Pacific, Marine Spatial Planning Pacific, Pacific Ocean Rights, traditional rights, Pacific Blue Economy, Blue Economy, Raising Pacific Voices, Oxfam in the Pacific, Pacific Island Rights, Large Ocean States

Pacific Island Countries (PICs) have legal rights to and within enormous ocean areas. These legal rights are, to a large extent, provided by operation of international law and are codified in the 1982 Law of the Sea Convention (LOSC).

The LOSC is often referred to as a “Constitution for the Oceans” because, amongst other things, it sets out and regulates the recognised legal rights that the international community agree that all nations have on or in the ocean to undertake or benefit from various activities that include but are not limited to navigation, fishing and other extractive industry. The LOSC also allocates the legal rights to PICs over and within ocean “zones” that includes the large Exclusive Economic Zones (EEZs). However, fisheries and marine scientists suggest that the sustainable use and management of the PICs’ valuable marine resources can only be achieved by Integrated Oceans Management based on eco-systems and not ocean zones.

In this legal bulletin we set out why the Pacific Island Countries have sufficient legal rights to build and implement effective oceans integrated management systems to support the development of their national and regional blue economies in a way that best suits them and based on an ecosystems approach. However, to meet good governance outcomes (successful, equitable, sustainable) those management systems must be suited to the context of PICs which means that the collective process to create those systems must be inclusive, practical and carefully undertaken.

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