Pacific Islands Environment Outlook - UNEP

MEAS AND NON-BINDING INSTRUMENTS 31
time for its negotiation (1972–82), are perhaps more
apparent in the region. Historically, there had been
little regulation of coastal and oceanic resources.
UNCLOS ushered in new regimes such as those
covering exploitation of the deep sea areas, and rights
in archipelagic waters.
Coastal state jurisdiction in the Pacific, as
elsewhere, has extended further and further seaward to
cover areas up to 200 nautical miles (and beyond to
where the continental shelf terminates or where
archipelagic waters are claimed), with corresponding
reduction in the area of ‘High Seas’. The net result has
been a more equitable distribution of resources between
developed and developing countries because the
resource-rich marine areas could be (and have been)
claimed by developing countries. (As noted in Chapter
Four, Emerging Issues, there is a need for further
attention to this issue by PICs.)
The Agreement under UNCLOS Relating to the
Conservation and Management of Straddling Fish
Stocks and Highly Migratory Species 1995, and the
speed at which ratifications have been made to that
Agreement, is further evidence of the importance and
impact of fisheries to Pacific nations. Given the clear
economic benefits, the PICs have been more motivated
to pass marine-related legislation, including legislation
to control pollution that might affect the lucrative
fishing resource. Another highly significant example of
regional action following from UNCLOS was the
conclusion in 1993 of the Multilateral Treaty on
Fisheries Between the Governments of Certain Pacific
Island States and the United States on shared benefits
from the latter’s fishing activities.
Similarly important, in relation to port state control,
was the Tokyo Memorandum of Understanding (MOU)
on Port State Control, which was concluded under the
auspices of the International Maritime Organization
(IMO). UNCLOS could therefore be said to have
enabled closer links to be formed between the Pacific
and international organizations such as the IMO and the
International Atomic Energy Agency (IAEA).
BARRIERS TO IMPLEMENTATION
PICs face a number of barriers to the implementation
of global MEAs. These include:
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inability to participate fully in the heavy calendar of
meetings because of a lack of finance and
experienced personnel;
lack of funding mechanisms or personnel with the
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necessary expertise or understanding of new MEAs
to enable the countries to implement fully national
obligations under conventions;
outdated laws in need of reform;
little recognition of the newly emerging
environment departments/units on the part of more
powerful agencies;
legal and law enforcement personnel who do not
have the time to deal effectively with environmental
offences;
difficulties in the central management and
enforcement of traditional/customarily owned land;
an acute lack of reliable links and computer
equipment to inform and update countries on
environmental developments;
difficulties in ascertaining which global MEAs apply to
the respective Pacific island territories because there
have been only a few instances when a metropolitan
power declares that the MEA in question either
extends or does not extend to its territory;
lack of specific funding for the implementation of
supportive regional agreements (Apia, SPREP and
Waigani Conventions).
Regional MEAs
Table 2.3 sets out the list of regional MEAs in
existence in the Pacific region and the PICs that have
Box 2.2: Climate change and sea level rise – a
capacity-building response
Ten PICs are implementing the GEF/UNDP/UNITAR-funded Pacific
Islands Climate Change Assistance Programme (PICCAP) through the
South Pacific Regional Environment Programme. A further two are
implementing similar projects – PNG through UNDP, and Niue
through UNEP. All of the countries are undertaking ‘enabling
activities’ or activities to meet the obligatory reporting requirements
of the Convention. However, enmeshed within these activities is the
need to ensure sound and longer-term policy development and
integration of climate policies with national development planning.
For PICCAP this is part of the project design and activities. Countries
participating in PICCAP will establish the technical and scientific
background prior to policy development, such as national greenhouse
gas inventories, mitigation options, and vulnerability and adaptation
assessments. From the results of these activities, policy dialogues
and policy formulation will ensure that climate change responses
appropriate to each country’s development context and needs are
established. The raising of awareness and capacity-building on
climate change across a wide range of sectors nationally is a vital
need and is part of the project design. Government-recruited
co-ordinators and the establishment of multidisciplinary country
teams ensure that, following technical studies, the development of
climate policy consistent with national priorities takes place.