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  • 1
    Publication Date: 2019-09-23
    Description: The ocean regulates the global climate, provides humans with natural resources such as food, materials, important substances, and energy, and is essential for international trade and recreational and cultural activities. Together with human development and economic growth, free access to, and availability of, ocean resources and services have exerted strong pressure on marine systems, ranging from overfishing, increasing resource extraction, and alteration of coastal zones to various types of thoughtless pollution. International cooperation and effective governance are required to protect the marine environment and promote the sustainable use of marine resources in such a way that due account can be taken of the environmental values of current generations and the needs of future generations. The high seas deserve particular attention since they suffer from a number of regulatory shortcomings due to the basic structures set out under international law. Against this backdrop, developing and agreeing on a focussed Sustainable Development Goal (SDG) specifically for the Ocean and Coasts could prove to be an essential element to provide guidance and a framework for regional implementation agreements.
    Type: Article , PeerReviewed
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  • 2
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    Blackwell Publishing
    In:  Fish and Fisheries, 11 . pp. 194-202.
    Publication Date: 2019-09-23
    Description: Maintaining or restoring fish stocks at levels that are capable of producing maximum sustainable yield is a legal obligation under the United Nations Convention on the Law of the Sea (UNCLOS) and has been given the deadline of no later than 2015 in the Johannesburg Plan of Implementation of 2002. Here, we analyse stock assessment data of all major fish stocks of the Northeast Atlantic to determine whether Europe will be able to deliver on this commitment, which it has helped to bring about. The analysis shows that, if current fishing pressure continues, 91% of the European stocks will remain below target. If European ministers in charge of fisheries were serious about meeting their obligations, they would have to reduce drastically fishing pressure and halt fishing completely on some stocks. But even if fishing were halted in 2010, 22% of the stocks are so depleted that they cannot be rebuilt by 2015. If current trends continue, Europe will miss the 2015 deadline by more than 30 years. We argue that, from a legal perspective, such repeated enactment of fisheries management measures,which are incapable of maintaining or restoring Bmsy, does not comply with the requirements contained in UNCLOS and may constitute a breach of the precautionary principle of European Community law.
    Type: Article , PeerReviewed
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  • 3
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    Elsevier
    In:  Marine Policy, 36 . pp. 1284-1289.
    Publication Date: 2019-09-23
    Description: This study presents a legal review of international treaties to derive sound definitions of overfishing. It examines seafood stocks that were certified by the Marine Stewardship Council (MSC) or Friend of the Sea (FOS). Stock size and fishing pressure were compared with the internationally agreed reference points which both organizations have accepted. No suitable status information was found for 11% (MSC) to 53% (FOS) of the certified stocks. For the stocks with available status information, 19% (FOS) to 31% (MSC) had overfished stock sizes and were subject to ongoing overfishing. An analysis of legal implications of certification of overfished stocks suggests that a certifying body cannot be held liable for a violation of internationally agreed standards unless the domestic law of its home country so regulates. States may ban the import of fish products from overfished stocks, but only in very specific cases. Possible causes for the certification of overfished stocks are discussed and recommendations are given on how the certifiers could improve their performance. The study concludes that it is still reasonable to buy certified seafood, because the percentage of moderately exploited, healthy stocks is 3-4 times higher in certified than in non-certified seafood.
    Type: Article , PeerReviewed
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  • 4
    Publication Date: 2019-09-23
    Description: This contribution is a response to the rebuttal of Agnew et al. (2012) to Froese and Proelss (2012) “Evaluation and legal assessment of certified seafood”. It corrects some factually wrong statements in the rebuttal, revisits the definitions of ‘depleted’ and ‘overfished’, and notes that the rebuttal agrees with the international definition of ‘overfishing’ (F〉FMSY) that was used by Froese and Proelss (2012). The rebuttal presents an analysis of 45 MSC-certified stocks. Of these, 27% are ‘depleted’ (according to the definition used by MSC) or ‘overfished’ (according to the definition used by Froese and Proelss 2012) and 16% are subject to ‘overfishing’, basically confirming the critique of Froese and Proelss (2012). This response concludes that MSC has to change its rules for certification such that (1) overfishing is not allowed and (2) ‘depleted’ stocks are marked as such. ⺠This paper confirms previous definitions of ‘overfishing’ and ‘overfished’. ⺠It notes that MSC-certified fisheries may engage in overfishing. ⺠It notes that MSC acknowledges ongoing overfishing in 16% of certified stocks. ⺠It notes that MSC acknowledges that 27% of certified stocks are depleted.
    Type: Article , PeerReviewed
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  • 5
    Publication Date: 2017-09-12
    Description: Highlights: • Regional initiatives have recently developed in areas beyond national jurisdiction. • They advance the governance of these areas while the global discussions are on-going. • They however face many challenges, which should be tackled. • Global discussions and regional actions are two interconnected processes. Abstract: The development of regional initiatives for the protection of the environment is a cornerstone of international environmental policies. With regard to marine and coastal issues, this regionalisation has mainly been taking place through regional seas programmes and Regional Fisheries Management Organisations. Some regional initiatives and organisations have progressively extended their activities to areas beyond national jurisdiction. This paper aims at analysing these recent developments, highlighting their interests and challenges, and proposing options to strengthen the efficiency of regional actions in these areas. It also highlights the need to consider the global discussions on a possible new global agreement and the development of regional actions as two interconnected processes.
    Type: Article , PeerReviewed
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  • 6
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    ECO2 Project Office
    In:  ECO2 Deliverable, D5.3 . ECO2 Project Office, Kiel, Germany, 94 pp.
    Publication Date: 2019-03-11
    Type: Report , NonPeerReviewed , info:eu-repo/semantics/book
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  • 7
    Publication Date: 2019-09-23
    Description: The European Transdisciplinary Assessment of Climate Engineering (EuTRACE): Removing Greenhouse Gases from the Atmosphere and Reflecting Sunlight away from Earth
    Type: Report , NonPeerReviewed , info:eu-repo/semantics/book
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  • 8
    Publication Date: 2019-03-11
    Type: Report , NonPeerReviewed , info:eu-repo/semantics/book
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  • 9
    Publication Date: 2019-09-23
    Description: Projected increases in demand and thus increasing metal prices have brought the exploration and exploitation of marine mineral resources back into focus. The Atlantis II Deep, located in the central Red Sea between Saudi Arabia and Sudan, is one of the largest marine sulfide deposits known, with high concentrations of metals such as zinc, copper, silver and gold. However, little is known about the economic potential of marine minerals as well as the legal constraints. Our geological assessment shows that the deep is similar in grades and scale to large land-based deposits. Its economic potential is far from negligible. The total present value of possible gross revenues for the four metals zinc, copper, silver and gold ranges from 3.03 to 5.29 billion US$, depending on the assumptions made concerning future price development, mass calculation and discount rate. From a legal perspective, a general duty to cooperate in the exploration and exploitation of non-living resources located in disputed maritime areas is identified in both customary international law and in UNCLOS. It is submitted that a joint development agreement is one means of ensuring compliance with this duty in general and in the case of the Atlantis II Deep in particular.
    Type: Article , PeerReviewed
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  • 10
    Publication Date: 2019-09-23
    Description: Despite large uncertainties in the fertilization efficiency, natural iron fertilization studies and some of the purposeful iron enrichment studies have demonstrated that Southern Ocean iron fertilization can lead to a significant export of carbon from the sea surface to the ocean interior. From an economic perspective the potential of ocean iron fertilization (OIF) is far from negligible in relation to other abatement options. Comparing the range of cost estimates to the range of estimates for forestation projects they are in the same order of magnitude, but OIF could provide more carbon credits even if high discount rates are used to account for potential leakage and non-permanence. However, the uncertainty about undesired adverse effects of purposeful iron fertilization on marine ecosystems and biogeochemistry has led to attempts to ban commercial and, to some extent, scientific experiments aimed at a better understanding of the processes involved, effectively precluding further consideration of this mitigation option. As regards the perspective of public international law, the pertinent agreements dealing with the protection of the marine environment indicate that OIF is to be considered as lawful if and to the extent to which it represents legitimate scientific research. In this respect, the precautionary principle can be used to balance the risks arising out of scientific OIF activities for the marine environment with the potential advantages relevant to the objectives of the climate change regime. As scientific OIF experiments involve only comparatively small negative impacts within a limited marine area, further scientific research must be permitted to explore the carbon sequestration potential of OIF in order to either reject this concept or integrate it into the flexible mechanisms contained in the Kyoto Protocol.
    Type: Article , PeerReviewed
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