To lead a collective reflection on the rights of the seas and ocean, the CIDCE is partnering with the Institut de Recherche pour le Développement (IRD), the Secretariat of the Pacific Regional Environment Programme (SPREP), and the Conservation International Pacific Islands Programme. The voluntary commitment, a new instrument of international law, is used by both NGOs and States at international conferences. Although it has no binding force, it is not without political value. Victor David, a lawyer and researcher at the IRD, led the drafting of a voluntary commitment to give the Pacific Ocean a legal status. The CIDCE has joined this work intending to establish a legal regime for the regional seas.
> #OceanAction 19759 A Voluntary Commitment to the UN Ocean Conference
The rights of the Pacific Ocean as a legal entity: a scientific feasibility study by the Institute of Research for Development (IRD), in collaboration with the CIDCE. Updated January 2021.
” Since the last update in early 2019, the Voluntary Commitment (VC)on thefeasibility study has beencarried out in two directions: –is it possible to recognize legal rights to mega–ecosystems as the ocean? why? how?–how can we build regional cooperation in the Pacific islands to recognize the ocean because ofthe kinship between the Ocean and the Pacific Islanders? On the first direction I have been able to progressively work on the feasibility aspect and build legal arguments (…)” To find out more
> The Rights of the Pacific Ocean as a Legal Entity: A science–based feasibility study by Institut de Recherche pour le Développement (IRD) – ICI
Find HERE the support of the Nice colloquium “La mer a la parole” (The sea has its say) produced with the contribution of the Faculty of Law of Nice and taken up by “le tribunal des océans”.
The International Centre for Comparative Environmental Law (CIDCE) has observer status in the Barcelona Convention on the Marine Environment and the Coastline of the Mediterranean and its protocols. It participates actively in the development and the negotiation of the seventh protocol on integrated coastal zone management (ICZM) in the Mediterranean, signed in Madrid on 21 January 2008 and entered into force after ratification by six Parties. Its entry into force took place on 24 March 2011.
The CIDCE took the initiative to prepare a ICZM Recommendation with the Conservatory of the French Coast. It was adopted at the World Congress of the International Union for the Conservation of Nature (IUCN) in Barcelona in September 2008.
In February 2009, the CIDCE created a Network of legal experts in the law of the integrated coastal zone management and, more generally, in the law of the sea and coastline. This network will bring together legal experts not only in the Mediterranean but also other parts of the world insofar as the ICZM Madrid Protocol will in the future serve as a model for the introduction of ICZM in all regional seas.
The role of this network is to:
– serve as a contact point between ICZM specialists,
-constitute a network of experts available to states, international and regional organizations and NGOs,
– disseminate information on ICZM on the CIDCE website
– organize meetings, seminars and symposia on ICZM
– organize and participate in training and education on the legal aspects of ICZM
– act as a liaison with the Secretariat of the Barcelona Convention, Split PAP/RAC Center and Plan Bleu,
– Contribute to the actions of the Union for the Mediterranean in ICZM and the environment in general,
– Contribute to EU initiatives on the strategy on the marine environment and the governance of the Mediterranean.
Participation in this network is voluntary and free. Just ask request registration by informing your papers and qualities evidencing a real specialty, both in terms of diplomas and your professional activities in the law of ICZM (contact the CIDCE Secretary: admin@cidce.org)
Please note that the CIDCE already runs three other networks of legal experts:
1) Legal observatory Natura 2000 (established in 2002 and grouping 29 experts from 16 countries) whose purpose is the study and monitoring of community and comparative law, the implementation of the Natura 2000 network established by the “birds” and “habitat” directives.
2) The landscape network (created in 2004) whose objective is the monitoring of the European Convention of Florence on the Landscape.
3) The Right to the Water Network (created in 2008) whose goal is to monitor and compare national transcriptions of Community directives on the water.
- PROTOCOL ON INTEGRATED COASTAL ZONE MANAGEMENT IN THE MEDITERRANEAN
- PROTOCOLO RELATIVO A LA GESTIÓN INTEGRADA DE LAS ZONAS COSTERAS DEL MEDITERRÁNEO
- بروتوآول بشأن الإدارة المتكاملة للمناطق الساحلية في المتوسط
- PROTOKOL O INTEGRIRANOM UPRAVLJANJU OBALNIM PODRUČJIMA SREDOZEMLJA
- PROTOKOL O CELOVITEM UPRAVLJANJU OBALNIH OBMOČIJ V SREDOZEMLJU
This section covers options for management of marine genetic resources, especially benefit-sharing; environmental impact assessment; area-based management tools, especially marine protected areas; capacity-building and technology transfer; and cross-cutting issues like institutional design.
Related News
July 21, 2017 – Successful UN Prep Com outcome for a new agreement on BBNJ
Brief report on the BBNJ and the SG –
Ocean, Coast and Coral Reefs Specialist Group members contributed to a milestone in the Law of the Sea through their participation in the two-year process of developing recommendations for conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction. On the evening of July 21, 2017, a UN Preparatory Committee agreed, by consensus, to recommend that the UN GA decide as soon as possible to begin intergovernmental negotiations on an agreement. The PrepCom’s report, available HERE, covers options for management of marine genetic resources, especially benefit-sharing; environmental impact assessment; area-based management tools, especially marine protected areas; capacity-building and technology transfer; and cross-cutting issues like institutional design. SG members provided expertise to the meeting as members of several delegations. SG member participation in the Ocean Conference, held the previous month to launch SDG 14-Life Below Water, also supported the goals of ocean conservation. Both implementation of SDG 14 commitments and the development of a text for an international instrument on governance of ocean biodiversity will provide many opportunities for the SG’s contributions.
OceanAction19759 The United Nations Ocean Conference, New York, 5-9 June 2017
IRD Voluntary Statement in collaboration with the CIDCE, SPREP (Intergovernmental organization) Conservation International Pacific Islands programme (NGO) –
The Rights of the Pacific Ocean as a Legal Entity : A science based feasibility study
“At the beginning was the Ocean…” The Pacific Ocean is more than water or food cellar for most Pacific Islanders. It is part of their lives, of their family, of their blood. Land, Sea and Men are a whole. The Ocean has its mana (spiritual authority) and mauri (life force). To recognize the Pacific Ocean as a legal person is in keeping with Pacific Islands cultures. Recognizing rights to Nature as person is not only a legal possibility nowadays but probably the best next step in environmental protection policies. Whanganui, Ganges and Yamuna Rivers, Nature in Ecuador and Bolivia have opened the way to think big in terms of Rights of the Nature. Our commitment is to undertake multi-disciplinary scientific studies to enhance knowledge on the Ocean, to identify possible rights to be recognized to the Ocean on its own, in compliance with existing international law, to improve existing national laws and propose new ones to treat and protect the Ocean as a person, enhance its resilience in the wake of Climate Change, over-exploitation of marine biodiversity and past and future man-made pollutions and give it a legal voice in its own right. The final objective is to draft with participatory methods by 2020 a convention on the Rights of the Pacific Ocean open for signature for all countries. the Secretariat of this Convention would be the parens patriae for the Pacific Ocean, its guardian and its voice in the legal and political arena. We intend to work in a peaceful and constructive approach with national governments, intergovernmental organizations, citizens, private sector stakeholders etc. without any discrimination. If successful this commitment could be replicated for other Oceans and Elements of Nature. See more HERE
All recent news on the issue HERE