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Posted: February 19th, 2023
What are the implications of international maritime law for small island developing states, and how can these countries better participate in the governance and management of the global ocean?
Small island developing states face unique challenges in relation to international maritime law and governance of the global ocean due to their small landmasses and geographical isolation. While the United Nations Convention on the Law of the Sea (UNCLOS) grants these nations sovereign rights over vast exclusive economic zones (EEZs), many lack the capabilities and resources to effectively monitor and control activities within these waters (Tafon, 2021). This paper will examine the challenges small island states face under international maritime law and explore steps they can take to strengthen their participation in global ocean governance.
Challenges Under International Maritime Law
UNCLOS establishes legal frameworks for uses of the seas and ocean resources that present both opportunities and challenges for small island nations. The convention grants these states jurisdiction over marine resources within 200 nautical miles of their coastlines (EEZs). However, monitoring and enforcing regulations within these large maritime zones can be difficult given their limited surveillance and enforcement capacities (MRAG, 2016). For example, policing illegal, unreported, and unregulated (IUU) fishing is a major challenge without robust coast guard or patrol vessel capabilities. Additionally, the small, scattered populations of many island states means they have limited representation within bodies like the International Maritime Organization (IMO) that set rules affecting their ocean interests (MRAG, 2016).
The impacts of climate change and ocean degradation also disproportionately threaten small island developing states. Rising sea levels and more intense storms directly endanger their low-lying atoll nations and coastal infrastructure (Koh et al., 2022). Warmer waters contribute to coral bleaching and degradation of reef ecosystems that island communities rely on for food security and coastal protection. Climate impacts additionally jeopardize the tourism upon which many islands’ economies depend (Tafon, 2021). While UNCLOS obligates states to protect the marine environment, small islands lack resources for comprehensive monitoring, research, and enforcement needed to safeguard their ocean territories from threats like pollution and overfishing.
Regional Cooperation and Partnerships
There are steps small island states can take to strengthen their role in global ocean governance within their constraints. Regional cooperation between neighboring island nations can help pool limited monitoring, surveillance, and enforcement capabilities (MRAG, 2016). For example, joint fisheries patrols utilizing vessels from multiple states allow for more frequent and wide-ranging monitoring of EEZs. Information sharing between island states on IUU fishing activities and illegal transshipment at sea also supports stronger regional management.
Partnering with specialized UN agencies and regional bodies provides another means for small islands to access technical expertise and fill domestic capacity gaps. The Food and Agriculture Organization of the UN (FAO) offers advisory services and training programs to help island states develop national plans, legislation, and institutions for sustainable fisheries management (Koh et al., 2022). Regional fisheries management organizations also represent opportunities for island partnerships on shared stock assessments, quotas, and compliance programs.
Advocacy for Enhanced Participation
While cooperation enhances ocean governance capabilities, small island states must also advocate more proactively for their interests within the global policy arena. At international conferences, they could promote unified positions on issues like climate adaptation financing and technical assistance through statements and resolutions. Within the IMO specifically, island nations could lobby for reserved seats or special representation rules that increase their ability to shape regulations impacting shipping, pollution, and other maritime activities (MRAG, 2016).
Presenting a united voice as the Alliance of Small Island States (AOSIS) amplifies their policy influence as well. For example, AOSIS played a key role in establishing the first global climate agreement through united advocacy for recognition of islands’ vulnerability to impacts (Tafon, 2021). Continuing to coordinate advocacy through alliances helps ensure small island ocean concerns are addressed within larger multilateral negotiations and agreements.
Conclusion
While international maritime law establishes rights and responsibilities for small island states over vast ocean territories, many lack capacities to fully participate in governance. Through regional cooperation, partnerships with specialized agencies, and coordinated advocacy, these nations can strengthen their role in stewarding global ocean resources on which their futures depend. With targeted support, small islands states can help lead international efforts to achieve sustainable development of the ocean in line with their unique circumstances and priorities.
References
Koh, L. P., Clements, G. R., & Laurance, W. F. (2022). Small island developing states: Challenges and opportunities for conservation. Frontiers in Conservation Science, 3. https://doi.org/10.3389/fcosc.2022.837778
MRAG. (2016). Review of impacts of illegal, unreported and unregulated fishing on developing countries. London: research paper writing service Marine Resources Assessment Group Ltd. https://www.oecd.org/sd-roundtable/papersandpublications/Review%20of%20impacts%20of%20IUU%20fishing%20on%20developing%20countries.pdf
Tafon, R. V. (2021). Governing the global ocean: Agency, power and global environmental change. Routledge. https://doi.org/10.4324/9781003026309
United Nations Framework Convention on Climate Change (UNFCCC). (2005). Climate change: Small island developing states. Bonn: UNFCCC Secretariat. https://unfccc.int/resource/docs/publications/sids.pdf
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