2.3 Beyond UNCLOS and the UN ‘Family’
This section will consider the role of three different groups of actors, namely
(a) intergovernmental and hybrid bodies, as well as non-governmental organizations,
industry groups and independent expert networks, (b) regional organizations, and
(c) other separate treaty regimes dealing with environmental-related themes that
influence the direction of the law of the sea.
Although the number of intergovernmental and hybrid bodies that actively
contribute to marine environmental governance is more than a handful, only three
bodies will be discussed here, namely the International Hydrographic Organization
(IHO), the International Council for the Exploration of Seas (ICES), and the
International Union for Conservation of Nature and Natural Resources (IUCN).
These three bodies have been selected on the premise that they have attained wide
reputation in assisting effective policy-making and therefore are often granted
observer status at other international organizations, regularly invited to participate
in their workshops or consultative processes, and in some occasions specifically
mandated to provide direct scientific and technical advice to decision-makers. The
IHO is an intergovernmental organization that aims to survey the oceans and
compile hydrographic data. These scientific data are essential for all maritime
activities, including but not limited to navigation, construction of onshore and
offshore structures such as ports and renewable energy infrastructure, resource
exploration, and more pertinently the protection of the marine environment.
37 The
ICES is an intergovernmental organization that provides scientific advice to regional
regimes in the North Atlantic and the Baltic Sea to promote sustainable use of the
marine environment and protect marine ecosystems. This function is executed
through its two sub-committees, the Advisory Committee on Fisheries Management
and the Advisory Committee on the Marine Environment.
38 The International Union
for Conservation of Nature and Natural Resources (IUCN) is a ‘hybrid organization’
with representation from governments, governmental agencies, non-governmental
organizations, and groups of experts and scientists.
39 Recently, the IUCN was
treated by the ITLOS as an ‘intergovernmental organization’ and invited to submit
a written statement in proceedings.
40
Apart from intergovernmental and hybrid organizations, an array of
non-governmental organizations (NGOs), academic think-tanks, industry groups
and independent expert networks also play a largely influential role in shaping the
law of the sea and its environmental direction. These bodies routinely have consultative or observer status at international organizations. As it would be an insurmountable task to identify each of them in this study, only a fraction of them will be
37 Pfeiffer (2006), p. 197.
38 Braethan (1998), p. 29.
39 Willetts (2011), pp. 72–73.
40 See Order 2013/2 dated 24 May 2013, Case No. 21 of ITLOS (Request for an Advisory Opinion
Submitted by the Sub-Regional Fisheries Commission).
3 International Organizations and the Protection of the Marine Environment
45
This section will consider the role of three different groups of actors, namely
(a) intergovernmental and hybrid bodies, as well as non-governmental organizations,
industry groups and independent expert networks, (b) regional organizations, and
(c) other separate treaty regimes dealing with environmental-related themes that
influence the direction of the law of the sea.
Although the number of intergovernmental and hybrid bodies that actively
contribute to marine environmental governance is more than a handful, only three
bodies will be discussed here, namely the International Hydrographic Organization
(IHO), the International Council for the Exploration of Seas (ICES), and the
International Union for Conservation of Nature and Natural Resources (IUCN).
These three bodies have been selected on the premise that they have attained wide
reputation in assisting effective policy-making and therefore are often granted
observer status at other international organizations, regularly invited to participate
in their workshops or consultative processes, and in some occasions specifically
mandated to provide direct scientific and technical advice to decision-makers. The
IHO is an intergovernmental organization that aims to survey the oceans and
compile hydrographic data. These scientific data are essential for all maritime
activities, including but not limited to navigation, construction of onshore and
offshore structures such as ports and renewable energy infrastructure, resource
exploration, and more pertinently the protection of the marine environment.
37 The
ICES is an intergovernmental organization that provides scientific advice to regional
regimes in the North Atlantic and the Baltic Sea to promote sustainable use of the
marine environment and protect marine ecosystems. This function is executed
through its two sub-committees, the Advisory Committee on Fisheries Management
and the Advisory Committee on the Marine Environment.
38 The International Union
for Conservation of Nature and Natural Resources (IUCN) is a ‘hybrid organization’
with representation from governments, governmental agencies, non-governmental
organizations, and groups of experts and scientists.
39 Recently, the IUCN was
treated by the ITLOS as an ‘intergovernmental organization’ and invited to submit
a written statement in proceedings.
40
Apart from intergovernmental and hybrid organizations, an array of
non-governmental organizations (NGOs), academic think-tanks, industry groups
and independent expert networks also play a largely influential role in shaping the
law of the sea and its environmental direction. These bodies routinely have consultative or observer status at international organizations. As it would be an insurmountable task to identify each of them in this study, only a fraction of them will be
37 Pfeiffer (2006), p. 197.
38 Braethan (1998), p. 29.
39 Willetts (2011), pp. 72–73.
40 See Order 2013/2 dated 24 May 2013, Case No. 21 of ITLOS (Request for an Advisory Opinion
Submitted by the Sub-Regional Fisheries Commission).
3 International Organizations and the Protection of the Marine Environment
45