{"title":"Part II Commercial Aspects of the Marine Environment, 10 The Work of WIPO and Its Possible Relevance for Global Ocean Governance","authors":"C. Claudio","doi":"10.1093/LAW/9780198823964.003.0010","DOIUrl":"https://doi.org/10.1093/LAW/9780198823964.003.0010","url":null,"abstract":"This chapter focuses on the work of the World Intellectual Property Organization (WIPO) and its possible relevance for global ocean governance. It first provides a background on WIPO and its activities, legal foundations and mandate before asking whether there is a place for intellectual property (IP) considerations in regard to global ocean governance. It then considers what role, if any, WIPO should play, as the competent UN agency responsible for the development of a balanced and effective international IP system, in strengthening the contribution of IP to the global governance of oceans, in line with Sustainable Development Goals 14 (Life below water). It also describes some key areas of overlap and possible interrelationships between global ocean governance and the work of WIPO from both normative and practical standpoints. Finally, it reflects on WIPO’s future role in the context of the evolving sustainable ocean governance.","PeriodicalId":296661,"journal":{"name":"The IMLI Treatise On Global Ocean Governance","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127888093","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Part I Assessing the UN Institutional Structure for Global Ocean Governance: The UN’s Role in Global Ocean Governance, 1 The Role of the United Nations, including its Secretariat in Global Ocean Governance","authors":"G. Gabriele","doi":"10.1093/law/9780198824152.003.0001","DOIUrl":"https://doi.org/10.1093/law/9780198824152.003.0001","url":null,"abstract":"This chapter examines the role of the United Nations and its related institutions for global ocean governance, including those established by the entry into force of the United Nations Convention on the Law of the Sea (UNCLOS). It first considers the main issues that these institutions have addressed, ranging from sustainable fisheries, via ecosystem protection, to marine biodiversity conservation; and more recently, maritime security. It then argues that the impacts of climate change have arguably not been directly addressed by either the global ocean governance regime, as it is currently constituted, nor by the climate change regime, at least until recent developments through the 2015 Paris Agreement relating to adaptation and mitigation measures in direct response to sea-level rise and the effects of ocean acidification. The chapter proceeds by discussing UNCLOS and its related legal instruments, UN Conferences and Summit on sustainable development, and the role played by the UN General Assembly (UNGA) in global ocean governance.","PeriodicalId":296661,"journal":{"name":"The IMLI Treatise On Global Ocean Governance","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127573869","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Part II Individual Issues and Cross-Cutting Themes: Climate Change and Global Ocean Governance, 7 The Role of the International Climate Change Regime in Global Ocean Governance","authors":"F. David","doi":"10.1093/law/9780198824152.003.0007","DOIUrl":"https://doi.org/10.1093/law/9780198824152.003.0007","url":null,"abstract":"This chapter examines the role of the international climate change regime in global ocean governance, with emphasis on the cross-cutting set of global ocean governance issues arising from human-induced climate change. It first provides an overview of the international legal regime governing climate change before discussing the two major anthropogenic impacts on the oceans, namely: warming/acidification and sea level rise. It then considers other governance issues such as greenhouse gas emissions from shipping, geoengineering, and blue carbon, suggesting that addressing these issues are beyond the competence of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC). The chapter stresses the need for greater, deeper and ultimately better co-ordinated leadership on the most significant global environmental challenge facing the world today.","PeriodicalId":296661,"journal":{"name":"The IMLI Treatise On Global Ocean Governance","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128273199","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"14 The IMO, Technical Cooperation, and Global Ocean Governance","authors":"P. Jonathan","doi":"10.1093/LAW/9780198823957.003.0014","DOIUrl":"https://doi.org/10.1093/LAW/9780198823957.003.0014","url":null,"abstract":"This chapter discusses the International Maritime Organization’s (IMO) technical cooperation activities, the main objective of which is to assist developing countries to build up their human and institutional capabilities. These are basic requirements for the uniform and effective compliance with their obligations under IMO regulations and thereby to promote the IMO aim of safe, secure, environmentally sound and sustainable shipping. The chapter outlines the history and development of the IMO’s technical assistance programme. It highlights the IMO’s achievements in the field of technical cooperation, with emphasis on the development of human resources through training and other similar programmes. The chapter discusses in this regard the important roles played by the IMO-International Maritime Law Institute in Malta and the World Maritime University in Malmo.","PeriodicalId":296661,"journal":{"name":"The IMLI Treatise On Global Ocean Governance","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116131565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Part II Commercial Aspects of the Marine Environment, 11 The Contribution of UNODC to Ocean Governance","authors":"Forlati Serena","doi":"10.1093/LAW/9780198823964.003.0011","DOIUrl":"https://doi.org/10.1093/LAW/9780198823964.003.0011","url":null,"abstract":"This chapter discusses the contribution of the United Nations Office on Drugs and Crime (UNODC) to ocean governance. Formally established in 2004, UNODC is an office of the United Nations (UN) Secretariat focused on addressing the interrelated issues of drug control, crime prevention and international terrorism in the context of sustainable development and human security. The chapter first provides an overview of UNODC’s history, governance and budget before considering its role in achieving the 2030 Agenda for Sustainable Development. It then examines UNODC’s involvement in ocean governance, particularly in effective prevention and repression of crime at sea, based on the legal frameworks of UNCLOS and the United Nations Convention against Transnational Organized Crime (UNTOC). Finally, it describes two UNODC Programmes that have an impact on the process of ocean management: the Container Control Programme and the Global Maritime Crime Programme.","PeriodicalId":296661,"journal":{"name":"The IMLI Treatise On Global Ocean Governance","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117049841","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Part I Assessing the UN Institutional Structure for Global Ocean Governance: The UN’s Role in Global Ocean Governance, 3 Advancing the Deep Seabed ‘Mining Code’: Key Environmental Elements of the Regulatory Framework for the Commercial Exploitation of Mineral Resources","authors":"Jessen Henning","doi":"10.1093/law/9780198824152.003.0003","DOIUrl":"https://doi.org/10.1093/law/9780198824152.003.0003","url":null,"abstract":"This chapter examines the key environmental elements of the International Seabed Authority's (ISA) ‘Mining Code’, a regulatory framework for the commercial exploitation of mineral resources. The term ‘Mining Code’ refers to the whole comprehensive set of rules, regulations and procedures issued by the ISA to regulate prospecting, exploration and exploitation of minerals. The set of rules includes the collaboration of the respective responsibilities of deep seabed explorers and of the ISA in order to ensure environmentally sustainable development of deep seabed mineral resources. The chapter first provides an overview of the general regulatory framework for deep seabed mining, which is a contract-based system, before discussing the continuous legal evolution of the Mining Code. It also considers the generic issues that need to be addressed in relation to the future exploitation of minerals and explains why exploitation-related environmental regulations must be an integral component of advancing the Mining Code.","PeriodicalId":296661,"journal":{"name":"The IMLI Treatise On Global Ocean Governance","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129371307","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}