The United Nations in Global Ocean Governance: Role, Dilemma and Solution

The UN plays a significant role in formulating ocean governance initiatives, honoring contractual commitments of ocean governance, and enhancing compliance capacity of relevant stakeholders. Facing challenges posed by increasing diversity and complexity of global ocean governance, the UN should take a pragmatic approach to forging consensus, and improve institutional building to better exert leadership in global ocean governance.

The world today is undergoing profound changes unseen in a century. With increasing common challenges facing mankind, the call for improved global governance is growing. The decision on some major issues concerning how to uphold and improve the system of socialism with Chinese characteristics and advance the modernization of China’s system and capacity for governance, adopted at the fourth plenary session of the 19th CPC Central Committee, and the communiqué of the plenary session both emphasize that “a more just and reasonable global governance system should be promoted.” Ocean governance is an important part of global governance, and the UN has great influence on it. However, the UN still faces many dilemmas and challenges in promoting global ocean governance, and it is not yet possible to solve some of them once and for all. Sorting out the role and dilemmas of the UN in global ocean governance comprehensively will help deepen the understanding of the influence and limitations of the UN in global governance in the face of more uncertainties around the world. In addition, it will promote the UN to better play its leading role in global governance.

The UN’S Role in Global Ocean Governance

Compared to other international organizations, the UN has a clear

He Jian is Distinguished Professor at the Institute of International Relations, Yunnan University and Senior Researcher at the Institute of Marine Development, Ocean University of China; Wang Xue is Research Assistant at the Institute of Marine Development, Ocean University of China.

advantage in the area of global ocean governance, with its higher authority and voice and its rich experience in global governance. According to the “3Cs” analytical framework,1 the UN plays a significant role in formulating and disseminating ocean governance initiatives, creating a contractual environment for global ocean governance in multiple ways, and enhancing the compliance capacity of relevant governance actors.

Formulating and disseminating global ocean governance initiatives

In its over 70 years of involvement and leadership in global ocean governance, the UN has formulated and disseminated a number of global ocean governance initiatives. The important ones in recent years include:

First, the UN has developed the 2030 Agenda for Sustainable Development and Sustainable Development Goals (SDGS). At the historic summit held in September 2015, the 193 member states of the UN unanimously adopted 17 SDGS for 2030, the fourteenth of which is aimed at “conserving and sustainably using the oceans, seas and marine resources.”2 The UN, through the launch of the Blue Growth Initiative and the UN Ocean Conference, has promoted voluntary commitments to facilitate the development of a blue economy in developing countries and the achievement of SDG14. In January 2020, the UN formally launched a “Decade of Action” to deliver the SDGS by the 2030 deadline and secure a “peaceful future for all people” through global cooperation.3 1 According to the “3Cs” analytical framework, three conditions are essential for effective governance of global environmental issues: first, governments must give high priority to environmental issues; second, a good contractual environment can free countries from fear of fraud, enhance their sense of security and help them to make and implement commitments; and third, countries must have the governance capacity to manage domestic affairs and effectively comply with and enforce international norms. See M. A. Levy, P. M. Haas and R. O. Keohane, “Institutions for the Earth: Promoting International Environmental Protection,” Environment: Science and Policy for Sustainable Development, Vol.34, No.4, 1992, p.13.

2 “About the Sustainable Development Goals,” United Nations, https://www.un.org/sustainabledevelopment/ sustainable-development-goals.

3 “UN Chief Outlines Solutions to Defeat ‘Four Horsemen’ Threatening Our Global Future,” UN News, January 22, 2020, https://news.un.org/en/story/2020/01/1055791.

Second, the UN has promoted the establishment of ocean governance partnerships. The UN has been active in promoting the broadest partnerships for global governance, establishing the UN Office for Partnerships in 1998.4 In particular, the UN Economic and Social Council enhances mutual learning and dialogue on ocean and climate issues through annual meetings, forums, functional and regional commissions.5 In June 2019, the Sustainable Ocean Business Action Platform of the United Nations Global Compact convened leading actors from business, academia and government institutions to take concrete action for a productive and healthy ocean and inspire partnerships.6 The Marrakech Partnership for Global Climate Action, which the UN initiated to support implementation of the Paris Agreement, also takes marine cooperation as a priority, enabling collaboration between governments, cities, regions, businesses and investors. Over 70 percent of the current nationally determined contributions submitted under the Paris Agreement include ocean and marine issues.7

Third, the UN has appointed the Special Envoy for the Ocean. To further formulate and disseminate initiatives for the sustainable use of marine resources globally, UN Secretary-general António Guterres appointed Fiji’s Ambassador to the UN, Peter Thomson, as UN Special Envoy for the Ocean in September 2017 to coordinate the implementation of the positive outcomes of the UN Oceans Conference and to be responsible for publicity works within and outside the UN system.8 In addition, the UN Special Envoy for the Ocean will actively promote cooperation among civil society organizations, the scientific community

and other stakeholders to better promote the sustainable development of the oceans.

Creating conditions for a global compact on ocean governance

In order to promote maritime cooperation for the development of the blue economy, the UN has created a sound environment for a global compact on ocean governance in various ways.

First, the UN has developed the international rules for global ocean governance. The UN Ocean Conference, the Meeting of States Parties to the UN Convention on the Law of the Sea (UNCLOS), and the UN Open-ended Informal Consultative Process on Oceans and the Law of the Sea are all promoted and organized through the United Nations. They have adopted many resolutions directly relevant to global ocean governance, ranging from charter-style, framework conventions to conceptually specific treaties or agreements, providing a comprehensive policy framework to facilitate and guide consultations and negotiations on international ocean governance. To promote marine environmental protection and the sustainable development of fisheries, the UN has adopted the International Convention on Oil Pollution Preparedness, Response and Cooperation in 1990 which entered into force on May 13, 1995, and the International Convention for the Conservation of Atlantic Tunas which took effect on March 21, 1996. In 2002, the UN Environment Program launched the Global Program of Action for the Protection of the Marine Environment from Land-based Activities, which is the “only global intergovernmental mechanism directly addressing the connectivity between terrestrial, freshwater, coastal and marine ecosystems.”9 With regard to the exploration and exploitation of marine minerals in the international seabed area, the International Seabed Authority, which was established by UNCLOS, has created a series of rules, regulations and procedures, represented by the “Mining 9 “Oceans and the Law of the Sea,” UN News, https://www.un.org/en/sections/issues-depth/oceans-andlaw-sea/index-2.html.

Code,”10 to ensure maximum protection of the marine environment from deep-sea mining activities.11

Second, the UN has identified key areas and directions for negotiations on global ocean governance. In June 2017, the UN proposed nine priority areas for action that are closely related to global ocean governance, including implementing international law as reflected in UNCLOS, managing ocean and coastal ecosystems, addressing ocean acidification, building ocean research capacity, transferring marine technology, and developing sustainable blue economy and sustainable fisheries. Within the framework of UNCLOS, three intergovernmental meetings of states parties have been held on issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction (BBNJ).12 In August 2019, during the third session, sub-thematic consultations were held on the draft resulting from the second intergovernmental meeting.13 The fourth session, originally scheduled to be held from March 23 to April 3, 2020, has been postponed due to COVID-19. The BBNJ negotiation covered major cutting-edge issues currently at the forefront of global marine resource development and environmental management,14 including core issues such as the 10 The “Mining Code” refers to a comprehensive set of rules, regulations and procedures issued by the International Seabed Authority (ISA) to regulate prospecting, exploration, and exploitation of marine minerals in the international seabed area. All rules, regulations and procedures are issued within a general legal framework established by the 1982 United Nations Convention on the Law of the Sea and the and its 1994 Agreement relating to the implementation of Part XI of UNCLOS. The Authority has updated the Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area in 2013 to ensure the coordination between seabed prospectors and the Authority for the sustainable development of seabed mineral resources. 11 International Seabed Authority, “The Mining Code,” https://www.isa.org.jm/mining-code.

12 The three sessions were held on September 4-17, 2018, March 25-April 5, 2019, and August 19-30, 2019, respectively.

13 “Oceans and the Law of the Sea: Report of the Secretary-general,” September 11, 2019.

14 In the context of seabed resource development, the BBNJ document follows the provisions of Part XI of UNCLOS and the 1994 implementation agreement relating to deep seabed mining. The seabed and ocean floor, and the subsoil thereof, beyond the limits of national jurisdiction, as well as the resources of the area, are the common heritage of mankind, taking into account the interests and needs of developing states in particular. At the same time, the ISA is empowered to take necessary measures, depending on the circumstances, to ensure that the marine environment is protected from possible adverse effects of activities related to the exploitation and use of seabed resources, such as the adoption of rules, regulations and procedures to prevent damage to marine flora and fauna and interference with the ecological balance of the marine environment during the exploitation of seabed resources.

acquisition and benefit sharing of marine genetic resources, assessment of environmental impact, and area-based management tools (including marine protected areas).15 The BBNJ negotiation under UNCLOS is an important part of the international legal arrangements for the oceans and seas and will guide the direction of global ocean governance.

Enhancing compliance capacity of relevant governance actors

First, the UN has established a series of ocean governance institutions. A number of marine-related institutions have been established within the UN system to provide institutional safeguards for improving the compliance capacity of the states concerned, including the International Maritime Organization (IMO), the International Seabed Authority (ISA), the UN Division for Ocean Affairs and the Law of the Sea (DOALOS), and the UN Environment Program (UNEP). As early as 1991, the UN Intergovernmental Oceanographic Commission (IOC) launched the Global Ocean Observing System (GOOS), which has contributed significantly to the understanding of the role of the oceans in global climate. Through the UNEP’S marine protected areas project, the capacity of small island states and developing countries to govern their oceans has been significantly enhanced.

Second, the UN has organized and implemented specific plans and pathways for the sustainable development of the oceans. In order to link marine science more directly with social actors, the UN has launched the Decade of Ocean Science for Sustainable Development (2021–2030) to promote the development of ocean governance capacity and resource sharing in developed and developing countries.16 Meanwhile, the UN has taken action to enhance the implementation of ocean governance in relevant countries through the Small Island Developing States Accelerated

17 “Oceans and the Law of the Sea,” UN News.

18 Julien Rochette, et al., “Regional Oceans Governance Mechanisms:areview,” Marine Policy, Vol.60, 2015, p.9.

19 Ibid., p.15.

20 The 20 regions include Antarctic, Arctic, Baltic Sea, Black Sea, East Central Pacific, Eastern Indian Ocean, Mediterranean Sea, Northeast Atlantic, Northeast Pacific, Northwest Atlantic, Northwest Pacific, Pacific Islands, Red Sea, ROPME (Regional Organization for Protection of the Marine Environment) Sea Area, Southeast Asia, Southeast Atlantic, Southeast Pacific, Southwest Atlantic, West Central Atlantic, and Western Indian Ocean. See Robin Mahon and Lucia Fanning, “Regional Ocean Governance: Polycentric Arrangements and Their Role in Global Ocean Governance,” Marine Policy, Vol.107, 2019, p.3.

In light of the differences in global ocean governance concepts, the Un-centered global ocean governance regime is lagging behind to a certain extent, which is not conducive to the UN fully playing its role in creating a contractual environment for good ocean governance.

Fragmentation of global ocean governance system under the UN framework. The UN has established a number of ocean-related governance 21 Pang Zhongying, “Governing the Oceans’ Tragedy of the Commons at the Global Levels,” Journal of Social Sciences, No.9, 2018, p.7.

22 Zhang Lijun, International Governmental Organizations in Global Politics,

University Press, 2017, p.134

23 Chen Jiagang, Global Governance: Concept and Theory,

2017, p.141.

24 Kjell Grip, “International Marine Environmental Governance: A Review,” Ambio, No.4, 2017, p.415.

Central Compilation & Translation Press,

25 Dai Ying and Zhou Jingxing, “Challenges to and Thinking on the Global Marine Environment Governance,” Marine Economy, No.5, 2018, p.62.

26 Li Dongyan, Global Governance: Actors, Mechanisms and Issues, p.39.

27 Li Zhanyi, “The Supply Dilemma and Solution of International Public Goods from Game Theory Perspective: A Case Study of International Environment Governance,” Shandong University dissertation for doctoral degree, 2015, p.6.

28 Li Dongyan, Global Governance: Actors, Mechanisms and Issues, p.65.

29 “Oceans and the Law of the Sea: Report of the Secretary-general,” September 11, 2019. 30 “SDG14: Navigating an Ocean of Risks and Opportunities,” Businessgreen, January 16, 2020, https:// www.businessgreen.com/feature/3084987/sdg14-navigating-an-ocean-of-risks-and-opportunities. 31 “Oceans and the Law of the Sea: Report of the Secretary-general,” September 11, 2019.