UNCED

The United Nations Conference on Environment and Development (UNCED) and subsequent measures have been a vital part of the oceans policy process. The precautionary principle and ecological sustainable development principles have provided the framework for environmental controls within domestic policies, including Ocean Rescue 2000; the Intergovernmental Agreement of the

Environment; the Commonwealth Coastal Policy and the National Ecologically Sustainable Development Strategy (see Chapter Three). The major outcome of UNCED, Agenda 21, although not legally binding, has strengthened Australia’s commitment to ecological sustainable practices in its marine management practices.

UNCED was held in Rio de Janeiro on 3–14 June 1992 and it addressed the environmental responsibilities of nation states including their marine and coastal ecosystems. The most significant outcome of this Conference was the new emphasis placed on principled decision making where numerous soft law61 _{principles were}

60 _{Joyner, C. “The Antarctic Treaty System and the Law of the Sea”, 315.}

61 _{Instruments such as Codes of Practice, Recommendations, Guidelines, and Standards and}

Declaration of Principles, are not legally binding and are referred to as “soft law”. See Birnie, P. and Boyle, A. International Law and the Environment, (Oxford: Claredon Press), 1992, 16.

articulated to guide international and national policy reforms.62 _{Furthermore, the}

participants of UNCED committed themselves to Ecologically Sustainable

Development principles. The term ‘sustainable development’ was first used in the

Our Common Future report by the World Commission on Environment and Development that defined it as

development that meets the needs of the present without compromising the ability of future generations to meet their own needs.63

The outcomes of UNCED included the Rio Declaration; a framework convention on climate change; a framework convention on biodiversity; Agenda 21; principles for forestry matters; and decisions on future actions.64 _{The focus on sustainable}

development was extended during UNCED to include the precautionary

approach/principle to policy development. Principle 15 of the Rio Declaration states

that in order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. When there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.65

In addition to the Rio Declaration, the Agenda 21 action plan has instigated principles and measures that have been essential to oceans policy development in

62 _{Kriwoken, L., Haward, M., VanderZwaag, D. and Davis, B. eds., Oceans Law and Policy in the}

Post-UNCED Era, 1.

63 _{World Commission on Environment and Development (Brundtland Commission), Our Common}

Future, (Melbourne: Oxford University Press), 1987.

64 _{Davis, B. “National responses to UNCED outcomes: Australia”, Kriwoken, L., Haward, M.,}

Australia. Herriman, Tsamenyi, Ramli, and Bateman argue that the combined effect of LOSC and Agenda 21 has

proven to be a catalyst for an unprecedented level of activity around the world as various countries strive to develop and articulate their oceans policy.66

Of particular importance to ocean resource management are Chapters 2, 14 and 17 of the action plan. Chapter 2 deals with trade whilst setting out a number of principles that include making trade and environmental issues “mutually supportive.”67 _Chapter

14 deals with sustainable development principles while Chapter 17 is holistic in its approach and deals with all aspects of marine and coastal environmental

management through 137 recommendations.68 _{The approach provides the foundation}

that coastal states

commit themselves to integrated management and sustainable development of coastal areas and the marine environment under their national jurisdiction.69

Arguably, this approach sacrifices definitional precision of many principles in Chapter 17 and other parts of Agenda 21.70 _{Chapter 17 addresses fisheries and}

requires, inter alia, for coastal states to increase fisheries in their EEZ by “reducing

65 _{United Nations, “Principle 15”, UNCEDRio Declaration on the Environment and Development,}

adopted at Rio de Janiero on 14 June, 1992 ILM 874.

66 _{Herriman, M., Tsamenyi, M., Ramli, J. and Bateman, S. “The Law of the Sea and Agenda 21 – an}

evolving regime of state rights and duties for the ocean”, Australia’s Oceans Policy: International Agreements.

67 _{Bergin, A. and Haward, M. “International environmental conventions and actions – implications}

for the fishing industry”, 282.

68 _{Johnston, D. “UNCLOS and UNCED: a collision of mind-sets?”, in Kriwoken, L., Haward, M.,}

VanderZwaag, D. and Davis, B. eds., Oceans Law and Policy in the Post-UNCED Era, 15.

69 _{United Nations, “Chapter 17”, Agenda 21: Programme of Action for Sustainable Development and}

the UNCED Proceedings, (New York: Oceana), 1992.

wastage, post-harvest losses and discards.”71 _{Additionally, it encourages the}

development and use of environmentally sound technology whilst requiring states “to complete/update marine biodiversity profiles of their EEZs.”72 _{It calls for flag states}

to minimise incidental catch, and monitor and set controls for compliance. Three important principles are declared through Chapter 17 that underpin ecologically sustainable development of ocean and marine resources – development must be ‘integrated’, ‘precautionary’ and ‘anticipatory’.73 _{Chapter 17 also declares that}

states should convene as soon as possible an inter- governmental conference under United Nations auspices, taking account of relevant activities at the subregional, regional and global levels, with a view to promoting effective implementation of the provisions of the United Nations

Convention of the Law of the Sea on straddling fish stocks and highly migratory fish stocks.74

As a consequence, the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks was held through six meetings during the period of 1993-1995. By the time the Conference was completed in 1995 it produced a legally binding instrument, Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Seaof 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks. The Agreement is nested in the framework established by LOSC, and also reflects the outcomes of UNCED and links the two major international

71 _{Bergin, A. and Haward, M. “International environmental conventions and actions – implications}

for the fishing industry”, 283.

72 _Ibid.

73 _{Herriman, M., Tsamenyi, M., Ramli, J. and Bateman, S. Australia’s Oceans Policy:International}

Agreements.

74 _{United Nations, “Chapter 17”, Agenda 21: Programme of Action for Sustainable Development and}

frameworks for oceans policy development.75 _{Despite the revision of the document}

into a legally binding form during the fifth session of the Conference, agreement was still required on the area of enforcement. The states negotiated and resolved the enforcement issue during the sixth session.

The Straddling and Highly Migratory Fish Stocks Agreement is a complex document that is made up of 50 articles in 13 parts.76 _{Article IV of the Agreement articulates}

such principles as the use of total allowable catches and quotas, limits to fishing, gear restrictions, seasonal closures and the promotion of optimum utilisation.77 _{Article VI}

of the Agreement also stipulates that party states are to apply the precautionary approach to the management of these fish stocks whilst articles 8-13 and 17 deal with the coastal states’ obligations to regional fishery management organisations.78 _In

addition, the Agreement underscores the need for more scientific data and for improved techniques when dealing with risk.79

The United Nations Commission on Sustainable Development (CSD) was

established by the United Nations General Assembly in February 1993 fulfilling the requirement of Chapter 38 in Agenda 21. The CSD is now the United Nation’s

75 _{Australia ratified the Agreement in December 1999 and it entered into force in December 2001.}

See Haward, M. “Management of marine living resources: international and regional perspectives on transboundary issues”, 46.

76 _{Haward, M. “Management of marine living resources: international and regional perspectives on}

transboundary issues”, 46.

77 _{United Nations, Convention on the Conservation and Management of Straddling Fish Stocks on the}

High Seas and Highly Migratory Fish Stocks on the High Seas, (New York: UN Department of Public Information), 1995.

78 _{Haward, M. “Management of marine living resources: international and regional perspectives on}

specialist organisation that monitors the implementation of Agenda 21 and deals with issues concerning the environment and sustainable development.80 _{The CSD}

regularly requires reports from individual states on their oceans. The tenth session of the CSD in April – May 2002 became a preparatory session for the ten year review process of Agenda 21. The preparatory information from this session and others, including a ministerial level PrepCom in Bali, led the process to the World Summit on Sustainable Development which was held in Johannesburg in September 2002. Over 22,000 delegates attended the Summit along with 100 heads of government to reiterate “the initial mandate and functions of CSD.”81 _{The following session was}

held in New York in May 2003 and it enforced the Conventions and the on going global effort to achieve sustainable development.