4.2 The Establishment of Regional Organization or
Arrangements Initiated by the UN and United Nations
Environment Programme (UNEP)
Being different from the matter of CMFS, it is the UN and UNEP, rather than the
UNCLOS, that have initiated the development of regional organizations or arrangements for the PPME, hereafter referred to as “REOs” or “REAs” since the Stockholm
Declaration on the Human Environment. It is stated that “[t]he Regional Seas
Programme, launched in 1974, is one of UN Environment’s most significant
achievements in the past four decades,” and that “[t]he Programme aims to address
the accelerating degradation of the world’s oceans and coastal areas through a
‘shared seas’ approach – namely, by engaging neighbouring countries in comprehensive and specific actions to protect their common marine environment.”
93 Most
regional environmental conventions, hereafter referred to as “RECs,” for the establishment of REOs or REAs were adopted in the 1980s and 1990s. Now, 18 regional
seas programmes of the following types have been established: UN Environmental
Administered Regional Seas Programmes, Non-UN Environment-administered
Regional Seas Programmes and independent Regional Sea Programmes. And
under those regional programmes of the UNEP, 14 regional seas conventions have
been concluded.
94 Those regional conventions are concluded to set forth the framework and protocols are subsequently adopted to provide substantive rules for
specific purposes. The combination of a framework convention and subsequent
protocols enables the establishment of a mechanism that is not only practical for
deciding the measures responding to needs that arise in specific circumstances and
conditions of respective maritime areas concerned, but also flexible in adapting
newly emerging needs of the specific region or the marine environment as a
whole. Each convention establishes the Secretariat and the conference of the parties
(COP) is designated to decide various matters for the implementation of the conventional rules.
In addition to the UNEP’s programmes, it should be noted that the IMO, as a
universal international organization, has also played and is playing leading roles in
regulating shipping activities in light of their impact on the marine environment.
95 It
93 See https://www.unenvironment.org/explore-topics/oceans-seas/what-we-do/working-regionalseas/why-does-working-regional-seas-matter.
94 The conventions concluded in the Caribbean Region, the East Asian Seas, the Eastern Africa
Region, the Mediterranean Region, the North-West Pacific Region, the Western Africa Region, and
the Caspian Sea are classified into the first category. Those in the Black Sea Region, the North-East
Pacific Region, the Red Sea and the Gulf of Aden, the ROPME Sea Area, the South Asian Seas, the
South-East Pacific Region, and the Pacific Region are classified into to the second category. Those
in the Arctic Region, the Antarctic Region, the Baltic Sea, and the North-East Atlantic Region are
classified into the third group. (Ibid.)
95 The original focus of its work was the prevention of marine pollution by oil, resulting in the
adoption of the first ever comprehensive antipollution convention, the International Convention for
the Prevention of Pollution from Ships (MARPOL Convention) in 1973. This has changed over the
26
M. Kawano
Arrangements Initiated by the UN and United Nations
Environment Programme (UNEP)
Being different from the matter of CMFS, it is the UN and UNEP, rather than the
UNCLOS, that have initiated the development of regional organizations or arrangements for the PPME, hereafter referred to as “REOs” or “REAs” since the Stockholm
Declaration on the Human Environment. It is stated that “[t]he Regional Seas
Programme, launched in 1974, is one of UN Environment’s most significant
achievements in the past four decades,” and that “[t]he Programme aims to address
the accelerating degradation of the world’s oceans and coastal areas through a
‘shared seas’ approach – namely, by engaging neighbouring countries in comprehensive and specific actions to protect their common marine environment.”
93 Most
regional environmental conventions, hereafter referred to as “RECs,” for the establishment of REOs or REAs were adopted in the 1980s and 1990s. Now, 18 regional
seas programmes of the following types have been established: UN Environmental
Administered Regional Seas Programmes, Non-UN Environment-administered
Regional Seas Programmes and independent Regional Sea Programmes. And
under those regional programmes of the UNEP, 14 regional seas conventions have
been concluded.
94 Those regional conventions are concluded to set forth the framework and protocols are subsequently adopted to provide substantive rules for
specific purposes. The combination of a framework convention and subsequent
protocols enables the establishment of a mechanism that is not only practical for
deciding the measures responding to needs that arise in specific circumstances and
conditions of respective maritime areas concerned, but also flexible in adapting
newly emerging needs of the specific region or the marine environment as a
whole. Each convention establishes the Secretariat and the conference of the parties
(COP) is designated to decide various matters for the implementation of the conventional rules.
In addition to the UNEP’s programmes, it should be noted that the IMO, as a
universal international organization, has also played and is playing leading roles in
regulating shipping activities in light of their impact on the marine environment.
95 It
93 See https://www.unenvironment.org/explore-topics/oceans-seas/what-we-do/working-regionalseas/why-does-working-regional-seas-matter.
94 The conventions concluded in the Caribbean Region, the East Asian Seas, the Eastern Africa
Region, the Mediterranean Region, the North-West Pacific Region, the Western Africa Region, and
the Caspian Sea are classified into the first category. Those in the Black Sea Region, the North-East
Pacific Region, the Red Sea and the Gulf of Aden, the ROPME Sea Area, the South Asian Seas, the
South-East Pacific Region, and the Pacific Region are classified into to the second category. Those
in the Arctic Region, the Antarctic Region, the Baltic Sea, and the North-East Atlantic Region are
classified into the third group. (Ibid.)
95 The original focus of its work was the prevention of marine pollution by oil, resulting in the
adoption of the first ever comprehensive antipollution convention, the International Convention for
the Prevention of Pollution from Ships (MARPOL Convention) in 1973. This has changed over the
26
M. Kawano