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The International Seabed Authority (ISA)
was established under UNCLOS Part XI as the authority with a mandate to organise and control mineral-related activities in
the international seabed Area (i.e. the seabed and subsoil in ABNJ). All Parties to UNCLOS are members of ISA, so ISA membership
currently stands at 168 (167 Member States plus the European Union).
ISA’s mandate encompasses the promotion of safe and responsible use of seabed mineral resources for the benefit of mankind as a whole,
to promote scientific research in the seabed Area, and to disseminate the results thereof. ISA also has the duty to adopt appropriate rules,
regulations and procedures to ensure that the marine environment is protected from harmful effects that may arise from mining activities
(including prospecting and exploration). These rules and regulations are currently under development and will form part of the Mining Code
due to be finalised in 2020.
UN Environment is the global environmental authority established within the United Nations system.
It has no direct management remit in ABNJ (i.e. it cannot directly regulate human activities), but carries out environmental research and acts as an advocate for environmental
issues affecting the global oceans as a whole, covering pollution as well as biodiversity protection. Its headquarters are in Nairobi, Kenya.
Through its overarching Regional Seas Programme, established in the 1970s, UN Environment directly administers several of the 18 individual Regional Seas Programmes (RSPs) that
exist around the globe to address transboundary environmental issues in regional seas. Each RSP is underpinned by its own legal Convention or Action Plan, some of which provide a
geographical mandate that extends into ABNJ. For more information on the RSPs, click here.
UN Environment supports a number of multilateral environmental agreements with relevance for ABNJ. In the late 1980s it established the process that lead to the
1992 Convention on Biological Diversity (CBD). UN Environment also hosts the Secretariat of the
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES),
which is of relevance as it applies to specimens of marine species taken from ABNJ (as well as to species taken from within ares under national jurisdiction).
The CITES Secretariat is based at the UN Environment office in Geneva, Switzerland.
Another relevant Convention supported by UN Environment is the
Convention on the Conservation of Migratory Species of Wild Animals,
(also known as the CMS or the “Bonn Convention”), which provides a legal foundation for internationally coordinated conservation measures throughout the range of migratory species.
The CMS Secretariat is hosted at the UN Environment office in Bonn, Germany.
The CMS is a framework Convention that provides the basis for more specific agreements. One of these, the
Agreement on the Conservation of Albatrosses and Petrels (CMS-ACAP),
is of high relevance to ABNJ. It has its own Secretariat based in Hobart, Tasmania.
Click here to go directly to our expandable list of RFMOs.
Regional Fisheries Management Organisations (RFMOs) are multilateral fisheries management organisations that bring together
countries with shared fishing interests in a particular ABNJ region. Their primary role is to implement fisheries management
measures aimed at safeguarding the sustainability of fish stocks in the region. Their wider role extends beyond fish stocks to
ecosystem conservation: RFMOs have the power to identify and designate Vulnerable Marine Ecosystems or VMEs, where they can
limit or manage fishing activities for the purpose of ecosystem protection.
The term “RFMO” is used for multilateral organisations who fulfil two conditions: 1) their geographical
scope includes ABNJ, and 2) they have the power to implement legally binding measures. This excludes a long
list of other existing multilateral regional fisheries bodies (RFBs) that are purely advisory in nature,
and / or whose geographical scope is limited to the combined jurisdictional waters of member states.
Some RFMOs focus on a limited number of target species (e.g. highly migratory species), others manage all the fish
stocks within a region. RFMOs that focus on different sets of target species may have overlapping geographical remits.
The basic legal underpinning of RFMOs is provided in articles 117 and 118 of UNCLOS, which places a duty on states to cooperate
with each other in the protection of living resources of the High Seas, establishing multilateral organisations where needed.
This is further elaborated upon in the UN Fish Stocks Agreement (UNFSA), which names RFMOs as the primary vehicle for cooperation
between states with shared fishing interests in a particular ABNJ region. UNFSA focuses on the conservation of straddling fish stocks
(i.e. fish stocks that straddle the boundary between jurisdictional waters and ABNJ), and of highly migratory fish stocks in
ABNJ, but the UN General Assembly encourages states to extend the principles of UNFSA to all fish stocks in ABNJ.
The FAO plays an important role in promoting, supporting and coordinating the work of RFMOs. It is possible to establish
RFMOs directly under the auspices of Article XIV of the FAO Constitution (although in practice, most RFMOs have been established
under independent legal Agreements or Conventions). Beyond this, the FAO compiles and disseminates information about RFMOs
(and other RFBs), e.g. through this map viewer
showing geographical areas covered by different RFMOs and RFBs. The FAO also develops guidance that supports the work of RFMOs, such as the
the International Guidelines for the Management of Deep-Sea Fisheries in the High Seas
(covering technical aspects from data collection, surveillance, assessments and monitoring), and reviews and synthesises work
carried out by RFMOs (e.g. on VMEs). Furthermore, through the
FAO Compliance Agreement,
the FAO aims to strengthen the control that flag states have over their vessels, so they can more easily ensure compliance with
international measures, including those adopted by RFMOs.
In this 2016 background document on RFMOs,
Ásmundsson categorises RFMOs into General RFMOs (with legal mandate to implement management measures for most or all fisheries within a
specified geographical region), Tuna RFMOs (with a legal mandate focused narrowly on tuna and other highly migratory fish), and Specialised
RFMOs (with a legal mandate focused narrowly on other species). The same classification has been used on the expandable list of RFMOs accessible
here.
Further information:
is a UN agency focused on international efforts to defeat hunger and achieve food security for the human population of the
world. The FAO has over 190 members, and has its headquarters in Rome, Italy.
In the context of ABNJ management, the FAO’s role centres on the management of fisheries and on conservation efforts related to the impacts of fisheries,
in particular on the collection, analysis and dissemination of relevant data and statistics, on the elaboration of
technical standards and guidelines, and on the coordination of international efforts to manage fisheries in a
sustainable way. To this end, a number of Regional Fisheries Bodies (RFBs) have been established under Article XIV of the FAO Constitution.
Beyond this, the FAO plays other important roles in promoting, supporting and coordinating the work of RFBs (including RFMOs).
These roles include the compilation and dissemination of information about RFMOs (and other RFBs), e.g. through
this map viewer
showing geographical areas covered by different RFMOs and RFBs.
The FAO also develops guidance that supports the work of RFMOs (and others), such as the
the International Guidelines for the Management of Deep-Sea Fisheries in the High Seas,
covering technical aspects from data collection, surveillance, assessments and monitoring, and reviews and synthesises work
carried out by RFMOs (e.g. on
VMEs).
Furthermore, through the
FAO Compliance Agreement,
the FAO aims to strengthen the control that flag states have over their vessels, so they can more easily ensure compliance with
international measures.
FAO provides support to RFBs in a number of ways, and a number of RFBs have been established within the constitutional
framework of FAO. Some of these bodies have a management mandate and can take decisions that are binding on their
members (those established in accordance with Article XIV of the FAO Constitution, e.g. GFCM), while others have an
advisory mandate (those established in accordance with Article VI of the FAO Constitution, e.g. CECAF, WECAFC).
For a few RFBs that have been established outside the FAO's constitutional framework, FAO provides depositary functions.
FAO also supports the Regional Fishery Body Secretariats Network (RSN), which is a network of RFB Secretariats. FAO
also cooperates with RFBs in providing technical assistance support to regions and countries, and provides secretariat services
for those RFBs under Article XIV of the FAO Constitution.
The
International Maritime Organization (IMO)
is the UN agency responsible for shipping. The IMO sets global standards for safety and security in shipping, and for the prevention of ship-borne
marine and atmospheric pollution. Because shipping is an inherently international industry, the IMO plays a vital role in creating a fair and level
playing field for shipping operators and thereby ensuring the safe and effective operation of the industry.
As a UN agency, the IMO working towards the 2030 Agenda for Sustainable Development and the associated SDGs, in particular SDG 14.
The IMO is responsible for keeping several international Conventions related to the safety, security and environmental impacts of shipping up to date,
to develop related guidelines, and to oversee their implementation. On the environmental pollution side, this includes the
London Convention and Protocol
on the prevention of marine pollution by dumping from ships, and the
International Convention for the Prevention of Pollution from Ships (MARPOL),
which focuses on pollution from operational or accidental causes. Where needed, the IMO also initiates processes that lead to new Conventions, as it
has done with the Ballast Water Management Convention (BWM Convention) which came into force in 2017 and which complements the London Convention
and Protocol and MARPOL.
Further information:
The
International Whaling Commission (IWC)
was set up under the International Convention for the Regulation of Whaling (ICRW), which was signed in 1946 and has
been in force since 1948. The IWC website has a
global map
showing the current and former members of the IWC,
with links to more detailed information about each member nation (including points of contact).
The Convention aims to protect global whale stocks and regulate the whaling industry. One of the key roles of the
IWC is to regularly update the legally binding Schedule of the Convention, which sets out specific measures (e.g. catch limits or
bans, designation of whale sanctuaries, regulation of hunting methods) that the IWC agrees are necessary to meet the Convention’s aim.
The Commission also co-ordinates and funds cetacean research and conservation work, and maintains databases on cetaceans.
The IWC Secretariat is based in Cambridge, UK.
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Further information:
The
Intergovernmental Oceanographic Commission of UNESCO (IOC-UNESCO)
was established as a body within UNESCO in 1960, focused on promoting international cooperation in ocean science, research and capacity-building.
It currently has 150 member states. IOC-UNESCO is recognized through UNCLOS as the competent international organization in the fields of
Marine Scientific Research (Part XIII) and Transfer of Marine Technology (Part XIV).
The work of IOC-UNESCO is focused on four high-level objectives:
1. Healthy ocean ecosystems and sustained ecosystem services
2. Effective early warning systems for marine hazards
3. Resiliency to climate change and variability
4. Enhanced knowledge of emerging ocean and science issues
IOC-UNESCO is based at the UNESCO Headquarters in Paris, France.
In the context of ABNJ management, IOC-UNESCO has no regulatory remit, but plays an important role as a provider of information and as a coordinator
of ocean-related research and activities within the UN system. IOC also plays an important role in capacity building, and has developed criteria and guidelines
on the transfer of marine technology to developing countries (the IOC Guidelines).
***placeholder: map window*** (map of IOC_UNESCO members)
Further information:
The remit of the
United Nations Educational, Scientific and Cultural Organization (UNESCO)
is international cooperation in Education, the Sciences and Culture, with a particular focus on peace and on the UN Sustainable Development Goals.
UNESCO currently has 193 members and 11 associate members. UNESCO’s headquarters are based in Paris, France.
In the context of ABNJ management, UNESCO’s primary function is as the host of IOC-UNESCO (click on the IOC-UNESCO icon in the interactive diagram to find out more).
UNESCO’s World Heritage Centre has also collaborated with IUCN in exploring potential ways of
.
***placeholder: map window*** (map of UNESCO members)
Further information:
The
International Cable Protection Committee Ltd.
(ICPC) is different from the other global and regional ocean governance institutions because it is a private organisation (a UK-based limited company).
It is a non-profit membership organisation that represents the interests of the submarine cable industry globally, with 175 members from over 60 countries.
Membership is open to private industry (submarine cable owners, manufacturers, ship operators and survey companies) as well as governments and relevant authorities.
Associate membership is open to any individuals or organisations with an interest in the submarine cable industry. The ICPC is based in Lymington, UK.
The specific services delivered by the ICPC on behalf of its members are listed on their website as follows:
The ISA issues rules, regulations and procedures to regulate mining activities (including prospecting and exploration) in the international seabed Area
(i.e. the seabed and subsoil in ABNJ). Collectively, these are referred to as the “Mining Code”. The Mining Code is legally underpinned by the framework
of UNCLOS Part XI and the 1994 Implementing Agreement on seabed mining. To date, the Mining Code includes regulations on mining of polymetallic nodules
polymetallic sulphides, and cobalt-rich crusts in the Area. It is due to be finalised in 2020.
To find out more about the ISA, click on the ISA icon in the interactive diagram.
UNCLOS Part XI provides the legal underpinning for the establishment of the ISA as well as a legal framework for the regulation
of seabed mining in ABNJ. In response to concerns raised by industrialised countries about some elements of UNCLOS Part XI, the 1994
Implementing Agreement on seabed mining was developed which entered into force in 1996. This Agreement now effectively forms an integral part
of the original UNCLOS Part XI.
To find out more about UNCLOS, click on the UNCLOS icon in the interactive diagram.
For the full text of UNCLOS Part XI,
click here.
For further information on the additional Agreement,
click here.
The United Nations Convention on the Law of the Sea (UNCLOS) is the overarching international legal framework regulating the use of the global ocean.
UNCLOS was agreed in 1982 and came into force in 1994. In 2019, it had 168 Contracting Parties (168 Member States plus the European Union).
It provides the frame for defining limits of national jurisdiction and for developing and implementing regulation of human activities at
sea as well as for defining rights and freedoms at sea. Provisions in UNCLOS directly underpin the establishment of management bodies such as
the International Seabed Authority (ISA) and Regional Fisheries Management Organisations (RFMOs), and provide a framework for the operation of
other management bodies (e.g. the International Maritime Organisation or IMO). The implementation of UNCLOS is supported by the UN Division for
Ocean Affairs and the Law of the Sea (DOALOS).
For the homepage of DOALOS, click here.
For the full text of UNCLOS, click here.
The FAO Compliance Agreement,
published in 1995 and in force since 2003, sets out principles and international standards for responsible practices in fisheries and aquaculture. Through
this code of practice, the FAO aims to strengthen the control that flag states have over their vessels, so they can ensure compliance with international
measures, and to limit the re-flagging of fishing vessels to flag states that don’t have the resources or the political will to enforce compliance with those
international measures. There are currently over 40 Parties to this agreement, including the EU.
As of 2019, there is an ongoing series of UN conferences underway that is focusing on the possible establishment of an international legally
binding instrument on the conservation and sustainable use of Biodiversity Beyond National Jurisdiction (BBNJ) under the auspices of UNCLOS.
This may culminate in new international legislation and new institutions with a mandate to manage human activities in ABNJ.
For information on this ongoing process,
click here.
The overarching legal regime for the management and protection of marine living resources is provided by UNCLOS.
However, in the early 1990s (in the context of Agenda 21 and the 1992 Rio Conference), problems were recognised relating to
the protection of fish stocks within the High Seas, and those straddling the boundary between jurisdictional waters and ABNJ.
In light of these issues, the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks was convened
in 1993, which eventually led to the 1995 UN Fish Stocks Agreement or UNFSA (the full official name of which is “the 1995 United
Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982
relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks”).
UNFSA entered into force in 2001 and currently has 80 Contracting Parties (79 states and the EU). It sets out a more specific legal
framework for protecting and managing straddling fish stocks (e.g. cod, halibut, pollock, jack mackerel and squid) and migratory fish stocks
(e.g. tuna, swordfish, and sharks), based on the precautionary principle (and the UN General Assembly has since encouraged countries to
extend the principles of UNFSA to all fish stocks in the High Seas or deep ocean). UNFSA also states that RFMOs are the main vehicle
for states to cooperate in regional fisheries management, providing a legal basis for these organisations to agree on and enforce
compliance with management measures.
For the UNFSA text, click here.
For a UN background paper on UNFSA,
click here.
For information on UNFSA provided by FAO, click here.
The Agreement on Port State Measures (PMSA) is an
international agreement aimed at preventing illegal, unreported and unregulated (IUU)
fishing through measures applied to fishing vessels seeking to use ports of states that are different to the vessels’ flag state. The FAO
provides the information exchange mechanism to support the implementation of the PMSA.
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The FAO’s International plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing
(IPOA-IUU)
is a voluntary instrument developed by the FAO, aimed at preventing IUU fishing. It provides states with a set of measures
by which to achieve this, including through engagement with regional fisheries bodies (including RFMOs). FAO offers support to
states who wish to implement IPOA-IUU through the development of a national action plan.
For the complete text of IPOA-IUU, click here.
The FAO’s International plan of Action for Conservation and Management of Sharks
(IPOA-Sharks) is a
voluntary instrument developed by the FAO. Its objective is to ensure the conservation and sustainable management of
sharks (including all species of sharks, skates, rays and chimaeras). IPOA-Sharks provides states with a set of measures by
which to achieve this objective through managing shark fisheries by their own or foreign vessels in their jurisdictional waters,
and through managing the shark fisheries of their own vessels in ABNJ. FAO offers support to states who wish to implement IPOA-Sharks
through the development of a national action plan.
For the complete text of IPOA-Sharks, click here.
The FAO’s International plan of Action for Reducing Incidental Catch of Seabirds in Longline Fisheries
(IPOA-Seabirds)
is a voluntary instrument developed by the FAO.
Its objective is to reduce the incidental catch of seabirds in longline
fisheries where this occurs. IPOA-Seabirds provides states with longline fisheries with a set of measures
by which to achieve this objective, and the FAO offers support to states who wish to implement IPOA-Seabirds
through the development of a national action plan.
The FAO’s International plan of Action for the Management of Fishing Capacity
(IPOA-Capacity)
is a voluntary instrument developed by the FAO. Its objective is for States and regional fisheries
bodies (including RFMOs) to achieve a globally efficient, equitable and transparent management of fishing
capacity. IPOA-Capacity a set of measures and guidelines by which to achieve this objective, beginning with
the measurement of fishing capacity, the identification of fisheries and fleets requiring urgent measures and the
establishment of records of fishing vessels to the measures and incentives through which to manage capacity. The FAO
offers support to states who wish to implement IPOA-Capacity through the development of a national action plan.
In the 1990s, the IMO initiated negotiations to develop an internationally binding instrument to address the global transfer of aquatic
organisms and pathogens in ships’ ballast water, in order to prevent harmful impacts from the introduction of non-native species into new environments.
This lead to the International Convention for the Control and Management of Ships' Ballast Water and Sediments (the BWM Convention), which was agreed
in 2004, and came into force in 2017.
For more information on the BWM Convention and Guidelines,
click here.
The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972" (the London Convention) has been in force since 1975.
It promotes the effective control of marine pollution by dumping from ships. The London Protocol is an update to the London Convention which was agreed
in the 1990s, prohibiting all dumping except for specified types of acceptable waste. The London Protocol entered into force in 2006, and it is
planned to eventually replace the original London Convention.
For more information on the London Convention and Protocol,
click here.
The International Convention for the Prevention of Pollution from Ships (MARPOL) aims to prevent pollution of the marine environment by ships from operational or accidental causes.
It was first adopted in the 1970s in response to major oil tanker accidents. MARPOL currently includes the following six technical Annexes
(each agreed at a different point in time and with its own specific set of Contracting Parties):
For more information on MARPOL,
click here.
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is an international agreement aimed at ensuring that
international trade in wild plants and animals does not threaten their survival.
It is one of the largest international conservation Conventions, and currently has 183 Parties.
CITES is of relevance to ABNJ management as it applies to specimens of marine species taken from ABNJ.
For more information on CITES, click here.
The Convention on the Conservation of Migratory Species of Wild Animals (also known as the CMS or the “Bonn Convention”) provides a legal foundation for
internationally coordinated conservation measures throughout the range of migratory species and the basis for more specific agreements.
One of these, the Agreement on the Conservation of Albatrosses and Petrels (CMS-ACAP) is of high relevance to ABNJ.
For more information on the CMS, click here.
For more information on the ACAP, click here.
The Convention on the Conservation of Migratory Species of Wild Animals (also known as the CMS or the “Bonn Convention”) provides a legal foundation for
internationally coordinated conservation measures throughout the range of migratory species and the basis for more specific agreements.
One of these, the Agreement on the Conservation of Albatrosses and Petrels (CMS-ACAP) is of high relevance to ABNJ.
For more information on the CMS, click here.
For more information on the ACAP, click here.
The Convention on Biological Diversity (CBD) was signed in 1992 and entered into force in 1993.
Although the CBD has limited jurisdictional mandate regarding activities in ABNJ, it places a broad obligation on
signatories to cooperate in the
conservation and sustainable use of marine biodiversity in ABNJ.
For more information on the CBD, click here.
There are 18 Regional Seas Programmes (RSPs) around the globe, which bring together maritime nations that share coastlines or regional seas in an effort to
protect their shared marine environment through transboundary information sharing, conservation actions, and environmental management. Each RSP is underpinned by its
own legal Convention or Action Plan. Some of these have a geographical mandate that extends into ABNJ.
For an expandable list of the 18 RSPs linking to detailed information on each one, click here.
The International Convention for the Regulation of Whaling (ICRW) was signed in 1946 and has been in force since 1948. By 2019, it had been signed by 88 nations.
The ICRW underpins the existence of the International Whaling Commission (IWC) and its work to bring together the member nations to agree on measures to conserve
cetacean populations and regulate their hunting, as well as to coordinate and fund cetacean research and related data management.
Click here for the text of the ICRW.
The
IOC Guidelines
were developed by IOC-UNESCO to facilitate the transfer of marine technology to developing countries.
For more information on the wider remit of IOC-UNESCO in relation to ABNJ management, click on the IOC-UNESCO icon in the interactive diagram.
There are 18 Regional Seas Programmes (RSPs) around the globe, which bring together maritime nations that share coastlines or regional seas in an effort to
protect their shared marine environment through transboundary information sharing, conservation actions, and environmental management.
Four of the 18 RSPs are independent, the others were established under the auspices of
UN Environment’s Regional Seas Programme. Seven are directly administered by UN Environment.
For an expandable list of the 18 RSPs linking to detailed information on each one,click here.