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Lecture 6 (2019) - UNCLOS

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Core Theme

The United Nations Convention on the Law of the Sea (UNCLOS) is a foundational international agreement that establishes maritime zones and regulates activities within them, particularly focusing on the Exclusive Economic Zone (EEZ) for resource management and environmental protection, though enforcement and regulation beyond national jurisdiction remain challenging.

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the United Nations Convention on the law

of the sea is an immensely important

international agreement that it's hard

we're going to look at unclose in this

lecture it's this is our sixth lecture

and we're moving on from marine

pollution laws that we considered in

last lecture and we're going to spend

quite a bit of time looking at unclose

because of its importance and I'm going

to break this lecture into two parts but

the the second part is much smaller than

the first part the first part I really

want to get into unpack and understand

maritime zones and particularly the

concepts around the exclusive economic

zone because from an international

environmental regulatory perspective

it's the exclusive economic zone that

there's that's the really important zone

to be aware of because it extends for

200 nautical miles out to sea from a

coastline subject to some complexities

around countries that are closer

together than 400 nautical miles we'll

talk about that but at least we're

you're facing an open ocean with more

than 200 nautical miles or Fondren

nordica miles to your nearest neighbor

the exclusive economic zone can extend

out for 200 nautical miles and within

that you can control fisheries and also

oil and gas exploration so very

significant for any country that has a

coastline so we're going to talk about

unclose the maritime jurisdictions also

talked briefly about land sourced marine

pollution which is also regulated on the

unclose deep sea mining or touch on and

Fisheries and we'll see with fisheries

that uncle is very good at regulating

fisheries exploitation within maritime

National Maritime zones but it's really

bad it's really weak on regulating

things outside that on what are called

the high seas so areas beyond national

jurisdiction are very difficult to

regulate and so there's a whole range of

regional treaties that deal with

different fish

so we're going to look as an example of

a regional fisheries agreement or a

specific fisheries agreement we're going

to look at the Convention on the

conservation of the southern bluefin

tuna which Australia and Japan are

particularly involved in that fishery

I'll mention the one other the

Convention for the conservation

management of highly migratory fish

stocks in the western and central

Pacific's so that's what we're going to

cover an outline so the context of this

lecture is the 1980s to the 1990s so

we've moved into a new period previously

we were looking at the the period

whether those groundbreaking treaties in

the 70s were agreed to now we're moving

into the 80s and I just want to

summarize that this period in a few key

points first is that it's a period of

ongoing growth and expansion in many

parts of the world so similar to the

previous period government and public

concern for the environment are

heightened even beyond what it had been

in the 60s and 70s by emerging global

threats such as the discovery of the

hole in the ozone layer there's also the

Chernobyl nuclear disaster in 1986 which

I just got an image here you know the

background to that so in 1986 a Russian

nuclear accident occurred and it's it's

spewed a toxic plume over not only the

surrounding area but also over Europe so

a terrible disaster and yeah it was

really significant event the think

Russia originally didn't tell anyone

about it that they'd been this disaster

and in Sweden they have some nuclear

plans and suddenly their meters started

basically giving alerts that they

thought that they had a nuclear leak in

their own reactors and they did you know

really quick checking and they found

there was nothing and then gradually it

was realized that it was coming from

somewhere else and then effectively it

came out that they've been this is

incredible disaster in

the Ukraine so there was a huge concern

about the environment in these these

years more so than now and in that

context there was a famous report

published by it's called the Brundtland

report report named after the chair of

the committee that wrote the report and

it has established sustainable

development as a key international

principle so that's an important

development in this period as well and

it's also a period of major geopolitical

shift as the Soviet Union disintegrated

and the Berlin Wall fell at the end of

the decade so that's the context for

this and one classic errs in this

context it had actually been they've

been negotiating up for about ten years

to get to the point it just happened to

get across the line in this period I

love this quote from Gillian Triggs have

mentioned her before she's an Australian

international lawyer human rights

advocate wonderful wonderful person and

in a book she wrote in 2006 called

international law contemporary

principles and practices she abrooke she

begins her chapter on the law of the sea

by with this sentence and I just love it

the international law of the sea herbs

and flows with the evolving geopolitical

priorities of the age and it's really

apt so let's look at um class and I'll

just give you some basics about unclose

because uncle s is really big and we

really focus on the environmental

aspects of it so in terms of own costs

basics a few dot points so the first

conference to negotiate the convention

tax was held in 1973 so remember we've

talked about creating and then

administering treaties and there's a

negotiation period so for a big complex

treaty like this it took nearly a decade

for the text to be agreed it was signed

at Montego Bay and Jamaica in 1982 it's

been in force since 1994 so it took 12

years for it to come into force

there's currently a hundred and

sixty-eight parties and that doesn't

include the United States of America

I've mentioned in earlier lectures that

the US government wants to ratify it but

the US Senate refuses to allow it to

rather allow the executive government to

ratify it under the u.s. system so yep

they haven't been able to ratify it

the u.s. still claims a maritime zones

equivalent with own cloths it's but it

does that on the basis of having the

world's biggest Navy rather than a legal

basis for it so the secretariat for own

classes at the UN in New York the

meetings of state parties to unclose

occur annually the cops and there's a

home page for it I've given the link

there but you could just search for own

class you'll easily get the home page

okay in terms of structure it's big it's

320 articles divided into 27 parts plus

nine annexes so I'm not gonna open it up

and take us through it

article by article I just want to

summarize the most important parts for

environmental management in this way so

there's part two which deals with the

territorial sea and the contiguous zone

part five deals with the exclusive

economic zone part six deals with the

continental shelf part seven deals with

the high seas part eleven deals with the

seabed and ocean floor which very

unhelpfully they call the area so you

see all these references in it to the

area and it's just so generic they

should have just called it the sea bird

or something or the ocean floor would

have been far more useful than the area

anyway part 11 deals with the area they

ocean the seabed and ocean floor beyond

national jurisdictions and then part 12

deals with the protection and

preservation of the marine environment

but part 12 doesn't occur in isolation

the maritime zones leading up to it are

critical for the reality of trying to

manage marine resources so that those

parts in total create an in very very

important regime for management of

Fisheries and oil and gas within

national waters now I'm going to take you

you

- look at those concepts but I actually

want to back up a bit and understand the

context of this treaty and the regime

had created in the context of what came

before and there's important historical

background to maritime zones and

fisheries management under unclose and I

just want to mention or unpack customary

international laws on international

maritime jurisdictions so remember we've

talked about the sources of

international law there can be treaties

which is the main source of modern

international environmental laws but

also custom so the customary law so the

practice of States on the basis of being

bound is also important in relation to

some issues like sovereignty there was

customary international law around

maritime zones as well but it was very

restrictive the Bering Sea fur seals

arbitration in nineteen and so in 1893

uses is an important decision by an an

arbitration panel that basically

identified what customary international

law was at that time so I want to just

talk about the bearings fur seals

arbitration so the Bering Strait lies

between Russia and Alaska you can see it

the dispute in the Bering fur seals

arbitration involve the Pribilof islands

which I've circled in red and just as a

bit of historic context the Bering

Strait is numbed named after Vitus

Bering who explored the area in his

second expedition was in 1741 and was

wrecked in the in the area he died on

Bering Ireland on his second voyage

probably from scurvy and the Bering Sea

and the Bering Strait and named

were named after him by Captain James

Cook on his third and final voyage in

1776 and so this is a painting of the

terrible conditions can you just imagine

like going there with no maps with

vessels that completely under sail so no

engines or anything incredibly difficult

conditions strong currents incredible

storms and winds extremely extremely risky

risky

victus Baron went there basically he was

hired by the Russian Tsar to go and

explore the area and claim it for Russia

and Russia had actually claimed Alaska

and actually Alaska was part of Russia

until I come to it was sold to the US so

this is a check so Russia in Russia with

3 s's a 7.2 million dollar check from

the u.s. to Russia

Razia to purchase Alaska in 1867 so

that's the actual copy of the check so

basically the as I understand that the

Russian Tsar was short of money and

believed that they had taken all the fur

because in 1860s they were mainly

interested in fur seals and those sorts

of things and the like and they thought

that they had taken all of that from

Alaska this is prior to Gold been

discovered in Alaska and obviously well

prior to oil so Russia sold Alaska to

the US so I didn't actually talk about I

gave you a handout about sovereignty and

how sovereignty can be obtained so

sovereignty can be obtained in number of

ways and one on that handout was terra

nullius so if it's land if you find land

that no one is there and its land

belonging to no one you can claim it and

then if you occupy it and you establish

effective occupation it becomes part of

your territory

you can prior to the UN Charter you

could also concur you can't do that

anymore it's technically it's outlawed

Russia obviously has just invaded the

Ukraine and annexed part of the Ukraine

so sovereignty by conquest is outlawed

on paper but there's exceptions

happening around the world to that but

but basically least in theory you can't

obtain territory by conquering your

neighbors another way that you can gain

territory though is to just buy it and

this was what the US did to gain Alaska

it bought it off Russia and so Russia

ceded its territory and sold it so

anyway those are listed on the handout

yep so at the time the US Secretary of

State who negotiated it was heavily

criticized in the u.s. press so he the

New York one New York newspaper called

Alaska a sucked Orange saying Russia had

already drained all value out of it the

purchase was known as Seward's folly or

Seward's icebox after the Secretary of

State William C Wood and ironically

selling Alaska today would fetch around

2.5 trillion so it's obviously paid for

itself quite a few times over so soon

after the US border gold was discovered

there and obviously now it's got oil and

gas developments plus its strategic

value so bit of background so when the

u.s. board Alaska it also bought the

islands in the Bering Sea including the

prevalence so this is a few pictures of

the Pribilof Islands and you can see

they're fairly windswept and barren be

very cold and wet what you can see in

the distance is a fur seal rookery onsen

George Ireland and the architectures got

a very Russian flavour because it was essentially

essentially

originally settled by Russians and then

it was sold to the US but it still had a

lot of Russian culture

and here's a fur seal alive and well and

looking pretty unhappy and here's a fur

seal rookery so in the 1800's fur seals

were extensively hunted and this is an

illustration looking down on one of

those islands with fur seals in the

distance and then here's some

illustrations showing you can see in the

top right going out and looking and half

you know just harpooning seals in the

top left the fur seals being hung up and

then for meat here's a clubbing The

Killing gang at work so they'd go out

and just Club them to death and then

thereafter the meat and the and the furs

and here's a catching fur seal skin so

as I understand it that's basically you

cure it and then I think that they were

turned into jackets and things at the

time so so they were extensively hunted

and it got to the point where the us the

privileged islands are often called the

fur seal islands it got to the point

where the US was concerned about the

conservation of the fur seals and they

tried to take action to stop or to

restrict the culling of the fur seals

and that led to the arbitration because

they would try they tried to not only

regulate the fur seals when they're on

land but also when they left the islands

and swam out into the ocean and when

they got out their vessels from other

countries particularly from Canada Wood

and Russia would kill them when they're

out in the water and the u.s. basically

claimed that they had jurisdiction over

the fur seals because they came from

their islands even though even when they

went out into the water so basically the

tribunal or the arbitration panel

proposed as part of its judgment a

number of measures for a conservation

plan about how they could be better

managed it proposed a prohibited zone

within which fur seals couldn't be

killed a closed season in a defined area

of the high seas with exceptions for

indigenous hunting

he proposed limitation and type of

vessels that could be used he proposed a

licensing system for seal hunting

propose the use of a special flag while

sealing keeping of catch records seven

exchange of data collected eight

government responsibilities for choice

of suitable crews and nine a plan to be

enacted international uniform laws in

the US and Britain to ensure enforcement

so in a three year ban or moratorium on

all sealing now if you look at that list

that wouldn't be out of place in a

modern Marine Park plan so this was

absolutely groundbreaking for the time

this is really what's become the

foundation for a lot of marine park

management so this decision is is really important

important

however like a lot of Marine Park

management it failed

basically the arbitration was between

British Canadian vessels and the US and

those vessels then so they were flagged

in the US and in Canada and when the US

and Canada brought in these more

restrictions on killing fur seals the

vessels just left and re-registered in

Japan and other countries to avoid being

subject to US and Canadian laws and the

seals so that's an example of the flag

state jurisdiction so they just

basically take the vessel go and

longer subject to the laws of the

previous country so the seal population

continued to decline until in an

international agreement between all

nations involved in the ceiling was

signed in 1911 the Convention on bearing

sea fur seals so I've just taken that

description from a textbook by Bernie

and Boyle on international law in the environment

environment

so that decision is a really important

one in the evolution of marine protected

areas and fisheries management globally

and as part of that arbitration it was

held that the u.s. jurisdiction extended

only to three nautical miles

so that's in 1893 and that's been

extended since then does anyone know why

it was 3 nautical miles it's quite

famous why it was that why it was 3

nautical miles yes that's right

it was the length that a cannon could

fire I don't think it was at that time I

think it was in the 1700s like a century

or two before so in the say 16 and 1700s

the major naval powers of the time so

the United Kingdom and France and Spain

their interest was in minimizing

national waters so they wanted their

fleets to be able to go anywhere

unhindered and their vessels to go

anywhere unhindered and they didn't want

to be subject to other countries laws so

the law at that time was national waters

only extended to 3 nautical miles and

the rationale at the time was that was

his fire as far as a cannon could fire

from land so it was as far as the sea

could be controlled from the land so

that's where three nautical miles

originally comes from and then in 1972

in yet Icelandic Fisheries cases it was

extended it was recognized that

customary international law had evolved

and it was now twelve nautical miles

but then unlost came along in 1982 and

through the treaty extended it to 200

nautical miles so that's how we get to

the modern framework for maritime zones

under parts two to seven a bunk loss and

I've given you this on a handout so you

can you grab out then handout so this is

a great little diagram that comes from a

book or comes from I think the

originally the Arctic Council in 2009

can I just point out you can see on it

one nautical mile so a nautical mile is

not you know an imperial mile of was a mile

mile

1,600 meters and so most of us work in

kilometres and then the US still works

in miles doesn't it generally which is

1600 meters isn't it a mile 1,600 meters

and a nautical mile is different its

1852 meters now does anyone know why

again this history to this it actually

comes from the time when ships used to

navigate using sextants and stars and

the like effectively 1852 meters is

equivalent to one meridian at the

equator so it was a unit that was used

in when they were basically sailing and

using meridians and the like for

location so it wasn't it wasn't someone

just didn't come up with one 1852 you

know just thinking of a difficult number

to remember it was actually came from an

old an old system that when we

translated into meters becomes 1852 so

when we talk about nautical miles and

when you talk about it's significant

because 200 nautical miles effectively

translates into about 360 kilometers so

it's a lot more than 200 it's nearly

double so the exclusive economic zone is

the really important one but you can see

there there's the baseline territorial

sea the contiguous zone the exclusive

economic zone and then the high seas

which is an area beyond maritime waters

sorry the exclusive economic zone

importantly you don't go with the

territorial sea out to 12 nautical miles

and then add 200 nautical miles

everything goes from the baseline which

is generally the low-water mark marked on

large-scale navigational charts so it's

200 nautical miles from the baseline and

then the high seas is the area beyond

that the continental shelf can extend

out beyond that and or it might not

so the continental shelf that goes out

from a coastline and when it where it

drops down it might be within 200

nautical miles

if it goes out beyond 200 nautical miles

then there are certain rights over the

continental shelf so that might go

beyond 200 nautical miles out to an

absolute limit of 350 nautical miles so

and beyond that area it's called the

area and so that's the seabed where it's

administered by the International seabed

Authority as I understand it that's one

of the reasons why the US Senate refuses

to ratify or to authorize ratification

of own classes because they hate the

idea of US corporations and US

activities being subject to the

International seabed Authority so for

deep sea mining and those sorts of

things but I don't I don't really

understand what the hang-up is beyond an

ideological and political opposition to

you know the United Nations within the

US Senate so let's unpack that a bit and

so it all looks you know that looks all

well and good when you look at it

sideways and it's in a nice diagram

let's look at it in the messiness of the

real world so showing you this map

before when we're talking about the

Antarctica's and whaling so the

significance of unclose for coastal

states just is hard to understate so for

a country like Australia all of those

mustard areas so if you have sovereignty

over land then you can claim the

maritime zone so even for those small

islands off the northwest of Australia

that Island then gives you an immense

area of Fisheries and oil and gas that

you can control and then for a massive

country like Australia with the

huge coastline the area of maritime

zones is you know equivalent in the

order of the entire land mass so it's

incredibly valuable and so within that

mustard area Australia can control

fisheries and also control oil and gas

development and then you can see see the

area going off to the northwest that

blue light blue up here see that so

that's an area of the continental shelf

that has that extends out in that region

but and there's a continental shelf so

coming down here from Tasmania and a bit

off the east coast as well but not all

areas the condom in it's not in all

areas the content of shelf goes beyond

that so for instance you know in this

area obviously the kondal shelf doesn't

go beyond the 200 nautical mile easy or

actually even that's probably not the

best example because it's more limited

there than than 200 nautical miles

anyway that bottom the central point

there is the continental shelf can go

beyond terms of nautical miles but it

might not okay so if we focus in and

have given you this on the handout as

well so on the flip side of the handout

looking at what those maritime zones

actually translate to in practice so the

mustard is the exclusive economic zone

and you notice it jumps out around

islands so this whole area is within the

exclusive economic zone but notice up

here where we're coming close to Papua

New Guinea and these areas here where

it's chopped so if you are closer than

400 nautical miles to the territory of

another state then effectively you're

divided into it's called the line of

ecwid distance and you divide the space

between you into so you might not

between Australia and Papua New Guinea

and so they're just your maritime zones

are giving you that

and your handout as well and this is

another diagram showing in sort of

perfect form how it might jump out can I

just draw your attention here to the

bass lines so the bass lines there's

complicated rules in unclose that we

don't need to worry about because

cartographers and basically navel

cartographers prepare nautical maps that

show the bass line so you can just go

and get a map like the map that I've

given you and you know an official map

you can identify where the bass line is

and so if you're a ship you can just use

one of those maps to work out where

whether you're within the maritime zone

of a country or not but the rules in

unclasp asically it's not just following

the low-water mark you can go out around

islands so there's rules for when you

can draw a strait bass line and notice

here there's a bay so you can draw a

straight bass line across

Bay's but there's rules for when you can

and when you can't

and then there's an island you can see

it jumps out you've got so the coastal

waters is the three nautical miles the

territorial sea is 12 nautical miles the

contiguous zone is 24 nautical miles the

contiguous zone is important for customs

particularly vessels within your

contiguous zone it gives a coastal state

greater ability to board them and to

search them for customs related things

but it's the exclusive economic zone

jumping up to 200 nautical miles the

coastal state can then regulate

fisheries within that and so you can see

here the continental shelf as shown as

extending out that full way so if we use

a real example of Brisbane what that

might look like so if we look at

Brisbane we're here and you can see here

this is a just basically focusing in on

the map I've given you but see there's

North Stradbroke Island so so we've got

North strawberry Cullen here and then

Moreton Island

so these two massive islands and

basically the

baseline goes out and around them so if

you are on Moreton Bay you are within

australia's and Queensland's coastal

waters once you go out beyond even the

other side of those islands that's where

the baseline starts from so I just want

to also explain the difference between

sovereignty and sovereign rights it's

quite can be quite confusing but I can

can I explain it in this way can you put

your hand up if you are living in a

house or a unit that you actually own

okay so that's about 40% of us so put

your head up if you're renting at the

moment okay so that's everyone else so

sovereignty is like owning a house you

actually own it so like Australia has

sovereignty over the Australian landmass

we actually own it we can you know

pretty well do what we want to it

because it's ours sovereign rights is a

bit like a lease so like if you're

leasing a unit or a house you have a

right to occupy it under the lease but

you don't actually own it it's owned by

somebody else but you've got rights to

go and use the property and you've also

got a right to exclude even the owner

because and if they're not entering

under the terms of your lease you've got

a right to peaceful possession so

unclose basically built upon the the

idea of sovereignty over land and

coastal waters and the territorial sea

which it was accepted that there was

sovereignty over those areas and then

what it did was basically create these

rights which it called sovereign rights

which are based upon owning the land and

the adjacent coastal waters and

territorial sea and so beyond the

territorial sea countries have sovereign

rights but they don't actually have

sovereignty so they don't actually own

those areas but they have the right to

control them

the idea of sovereign rights and

comparing it to like renting a property

breaks down in the sense that there's

then no owner of those areas as such but

I just wanted to try and explain in a in

a set of legal rights that you broadly

familiar with the difference between

sovereignty and sovereign rights because

otherwise it's just really confusing you

can just sort of get thinking whoa

what is this what is the difference

between sovereignty and sovereign rights

in practice is very little real

difference but they're two terms that

are used in unclose so if we look at a

few provisions of Ann cloths to actually

see how it defines those things the

territorial sea in the contiguous zone

the sovereignty of coastal the

sovereignty of a coastal state extends

beyond its land territory and internal

waters and in the case of an archipelago

state so that's a country consisting of

islands like Indonesia is made up a lot

of islands so it's an occupied pelagic

state it's our key archipelagic waters

to an adjacent belt of sea described as

the territorial sea this sovereignty

extends to the airspace over the

territorial sea as well as its bed and

subsoil so that's sovereignty it's like

full ownership and then obviously you

can make laws and control vessels within

that space so that's really the most

powerful set of rights you've got and if

a vessel comes into that area you can

board it it doesn't matter who it's

flagged with it's within your

jurisdiction and so it's subject to your

laws so the breadth of the territorial

sea extends for twelve nautical miles

out from the baseline and we've talked

about baselines so article as I said

they're defined in one class and just as

a few of the provisions article 5 the

normal baseline except where otherwise

provided in this convention the normal

baseline for measuring the rest of the

territory is the low water line along

the coast is marked on large scale

charts officially recognized by the

coastal state and then reefs in the case

of Ireland

Adil's or of islands having fringing

reefs the baseline for measuring the

breadth of the territorial sea is the

seaward low waterline of the reef and

then straight baselines in localities

where the coastline is deeply indented

or cut into or if there is a fringe

islands along the coast in its immediate

vicinity the method of straight based

lines joining appropriate points may be

employed in during the baseline etc so

that's the baseline we didn't need we

don't need to worry about the the

technicalities you just can look at a

map like I've given you so that's the

territorial sea then we move to the EZ

ed the exclusive economic zone and this

is the maritime zone that I really want

you to be aware of for the purposes of

our course because it's the most

important so the exclusive economic zone

is an area beyond an adjacent to the

territorial sea subject to the specific

legal regime established in this part

under which the rights and jurisdiction

of the coastal state and the rights and

freedoms of other states are governed by

the relevant provisions of this

convention and in the ears ed the

coastal state has sovereign rights so

notice that change in terminology it's

no longer sovereignty talks about

sovereign rights for the purposes of

exploring and exploiting conserving and

managing the natural resources etc the

breadth of it is 200 nautical miles from

the baseline so again and emphasize it's

not 200 miles from the extent of the the

territorial sea so it's not 212 miles

it's 200 miles from the baseline so the

easy just basically extends over the top

of it and the continental shelf is the

seabed and subsoil of the submarine

areas that extend beyond its territory

see through the natural prolongation of

its land territory to the outer edge of

the continental margin or to a distance

of 200 nautical miles from the baselines

from which the breadth of the

territorial sea is measured where the

outer edge of the content or margin does

not extend up to that distance so yeah

that's basically equivalent to the easy

but it can also go out to a maximum

limit of 315 nautical mile

so right to the coast of state of the

continental shelf basically you've got

the right to exploit the natural

resources but not the of the of the

actual bottom of the ocean not the

waters above it so the rights of the

coastal state over the continental shelf

do not affect the legal status of the

super adjacent waters of the airspace

above those waters so the continental

shelf countries can control oil and gas

drilling on the sea floor but they can't

control fishing in the water above the

sea floor that's why the ease that is so

important because in the easy you can

actually control fishing in the water

above the sea floor

okay drilling on the continental shelf

the coastal states shall have the

exclusive right to authorize and

regulate drilling so oil and gas so what

happens if the e ed of neighboring

countries is within 400 nautical miles

of each other so gonna look at the

Torres Strait between Australia and

Papua New Guinea as an example so if we

focus in there

it's very narrow it's far less than 400

nautical miles in fact as effectively

there's a special treaty the Torres

Strait treaty between Australia and

Papua New Guinea about that region but

under own cloths you can see the lines

drawn in there there's no there's no

easy because there's higher levels of

rights you can see basically a lot of

coastal waters in that in the blue the

baseline goes out quite a bit past Cape

York and then there's all those islands

and then the purple is the territorial

sea so yeah you can see that too closely

neighboring countries you don't

necessarily get an easy that's just

another version of that same sort of

diagram so how is the maritime boundary

determined when adjacent countries have

winding coastlines and basically it's

called the line of equidistance so where

this coasts of two states are opposite

or adjacent to each other neither of the

two states is entitled failing agreement

between them to the country to extend

its territory or sea beyond the me in

line every point of which

echoey distance from the nearest points

on the baselines from which the breadth

of the territory sees of each of the two

stages measured measured so that sounds

really complicated and I want to give

you a couple of examples of resolving

that so there's provisions in unclutched

for resolving disputes which countries

can submit to and there been a number of

cases that have gone before the

International Court of Justice for

precisely this reason countries

resolving disputes about their maritime

zones so the ICJ have mentioned in the

past and in previous lectures about

International Whaling and here's a

picture of lawyers appearing before the

15 members of the ICJ and yet picture

from 2006 you can see the judges there

and lawyers appearing before them so

here's an example of one of the cases

that was resolved this is this was a

dispute between involving the Black Sea

between so here's the catchment of the

Black Sea and it was a dispute between

the Ukraine and Romania so if you see

here's Romania and here's the Ukraine whoops

whoops

Ukraine is claiming that it's the the

proper boundary is the blue line so the

red line gives who the most Romania so

it's pretty obvious why Romania once

that line and similarly for the blue it

gives a lot more of the Black Sea to the

Ukraine so you can then control

fisheries and oil and gas within that

area so it wants the blue line so that

as there's a dispute and it's not

obvious where the line should go is it

like because you know you've got this

winding coastline it's not simple the ICJ

ICJ

that's the line that the ICJ came up

with the the equidistance point from all

of the relevant baselines and if you go

back it's almost like they're split the

difference but it's not like what's that

famous story of some king that - - King

Solomon with you know was it - mother's

claim claiming that they were the mother

of a child and King Solomon said cut the

child in two and give half to each but

the child didn't get hurt I think the

the real mother then gave it up or

that's immoral than that story anyway

King Solomon in terms of cutting into

the ICJ just hasn't sort of cut the two

claims into a logical reason why can you

think of a logical reason why the actual

line might go down the middle of what

they were claiming because both going

into it probably had an idea that that

was where the line was and they've tried

to maximize their positions but you

don't go too far beyond what you think

you can possibly get away with you often

claim a little bit more than you think

you'll get so the fact that the ICJ came

up with a line down the middle doesn't

necessarily reflect that the ICJ was

just splitting the two cases it probably

reflects the starting positions of the

two countries when a bit beyond what

each of them thought they would get okay

another example this was very

contentious between Nicaragua and

Colombia it took 11 years before the ICJ

and so it drew outrage in the countries

and and yet they've been at odds at over

at for years and yet Nicaragua rejected anyway

anyway

here was the Nicaragua's claim okay so

Nicaragua is over here and Colombia is

over here so this is Nicaragua's claim

and this is Columbia's claim for where

the line should be drawn so obviously

that gives a lot more to Nicaragua in

terms of the yellow and this gives a lot

more to Colombia the lack of yellow so

those were the two options and this is

what the ICJ identified and it's

actually more complicated than just the

equidistance lines there was a whole

heap of treaties historic agreements

between the two countries that led to

the ruling so it can be really complex

it can have more than just unclose

involved but yeah important to have a

sort of dispute resolution mechanism okay

okay

another I think the final of case I just

look at is Peru and Chile maritime

dispute in 2014 so Peru and Chile

they're on the map so there's this

inflection in the coastline Peru

obviously to the north and Chile to the

South and so the blue line was what

Chile was claiming and the red line was

what Peru was claiming so obviously

we're in a similar situation to the

Ukraine and Romania the red line would

Peru's claiming the red line because it

would give it a lot more area and Chile

is claiming the blue line because it

would give it a lot more area and the

ICJ went almost down the middle and

here's I think an interesting this was

actually included in the ICJ judgment so

this is the construction of the

equidistance line so you can see there

how they worked out the line it was the

point equidistance but from the relevant

baselines and you can see there that

actually that makes sense when you draw

it in that way so it didn't give either

of them quite what they wanted but the

fact that it was just split down the

middle doesn't necessarily reflect that

the ICJ was just doing the sort of path

of least resistance within this case it

looks like it's the right line

so those are some disputes that have

been resolved by peaceful means but not

all disputes are resolved in that way

and sometimes countries just refused to

submit to an international forum to

resolve disputes and the classic ones at

the moment I mentioned the Senkaku

Island dispute between China and Japan

and Taiwan and also China's u-shaped

claim in the South China Sea is the

really famous one that's been in the

news for the last five years

particularly so just to recap on the

Senkaku Islands have mentioned that

briefly in relation to the UN Charter so

these are islands of the claim by Japan

the People's Republic of China and the

Republic of China so can I just say

mainland China and Taiwan and I

explained the history to them that they

would have been part of China probably

up until the 1890s and then when Japan

was a major industrialized and became a

major military power in the 1880s 1890's

and opened up and industrialized and

Japan conquered them in the 1890s and so

they were part of Japanese territory up

until the end of World War two and then

they were recognized as belonging to

Japan by the US government in the peace

treaty China mainland China and Taiwan

dispute that territory as I said in the

earlier lecture my view is Japan has the

strongest legal claim but that doesn't

mean it's you know necessarily that I'm

just talking there as a lawyer I think

Japan has the strongest legal claim to

it but there's no way China or Taiwan

are going to accept that for political

reasons so you know there's a lot of

historical baggage between China and

Japan where they've fought Wars over

centuries and so a lot of cultural

baggage between the two and for Japan it

becomes you know a matter of national

pride and similarly for China matters

pride so what might be a legally correct

decision isn't necessarily what

countries will do so these islands this

is just some pictures of them here's a

Japanese patrol vessel in front of them

and as I said in the earlier lecture

there was real concerns a few years ago

that it would lead to armed conflict

between Japan and mainland China but I

don't want to dwell on that one because

it's really you rarely hear about it in

the news at the moment the much greater

concern since about 2013 2014 has been

China's u-shaped claim in the South

China Sea so and it's I just mentioned

it's different to the Senkaku Islands

it's a different dispute so this

u-shaped claim is based upon a map a

rough map that China uses based on nine

it's called the nine dash line and it

basically is as simple as this nine

dashes and you notice there there's the

Philippines so China up here and Vietnam

here and the Philippines here and Brunei

Malaysia here notice that this red line

here so China's claiming everything

within this you notice that the red line

almost comes down and touches the coast

of Malaysia like and it is a long long

way from the Chinese mainland there are

some islands along the way that China

claims as establishing sort of giving it

that ability to have this sort of big

tongue coming down but it's so really

ambert ambitious I'll use that as a

lawyer would this is an ambitious claim

your honor which is secretly scolding

and saying this is just nuts

legally it's it is a pretty outrageous

ly unbelievable claim but it's made by a

massive superpower now and backed by you

know it and its forces so it needs to be

taken seriously so

within this area it's obviously a major

route for international shipping coming

from not only China but also Korea and

Japan so a huge amount of trade goes

through those waters if you look at the

Chinese claim so moved on from the nine

dash line and just sort of joined it

together in a line and then you overlay

it with what would be claims by other

countries so here's the Philippines

claim two waters here's the Vietnamese

claim and Brunei coming straight out and

see China cuts through all of them

including Malaysia's claim down here so

obviously simply between the Philippines

and Vietnam there is a big dispute

simply over their jurisdiction and it's

complicated by some islands in between

so it's not just separating between the

two sort of main lands of the two

countries but China's claim that comes

down in the U shape you know cuts across

all of those and here's a if you just if

you ignored the islands I think this map

does and just went out 200 nautical

miles from like the Philippines main

islands and Viet Nam's coastline and

ignored any islands along the way you'd

end up with a gap in the middle and the

u-shaped came comes down all the way

around that again almost touches the

coastline of Malaysia and within that

area there's a whole number of reefs and

small islands and for decades the

different countries have fought over

those islands in fact Vietnam and China

fought a small-scale war over one of the

islands in I think it's listed on one of

these slides and there was there was a

dozen or so Vietnamese sailors killed

when China took it off Vietnam and

Vietnam has been you know incensed about

that ever since

so this is a photo of Chinese boats been

chased after illegal illegal sorry

alleged illegal fishing in South Korean

waters so in the Yellow Sea there's a

whole heap if you want to go and look at

South China Sea in dispute there's a

Halep of news about it

I've got a few slides where I'll show

you the development of it but basically

since 2013-2014 and the international

context of this was it was the second

term of Barack Obama and he was widely

regarded as a very weak president

internationally so he had you know was

trying to pull troops back out of

Afghanistan and extract the u.s. from

overseas Wars so he had a very low

appetite for getting involved in and

essentially what appears to have

happened is that China recognized an

opportunity and took it to establish

military bases all through the area so

China started building on top of reefs

started building artificial islands too

and then basically putting air strips on

them and arming them so here was a

design of one of the plan bases this was

from 2014 in the Philippines star and

this is what that base actually looks

like now so it was a reef there was no

island there so they dredged up a whole

heap of sand dumped it on the top of the

reef and then basically built a military

base on top of it

so that's Johnson reef so that's where

it's located between the Philippines and

Vietnam in the Spratly Islands and so

here's some outposts so the red spots

Vietnamese outposts the green spots are

Chinese the little pink one there is

that a Taiwanese outpost yellow

Malaysian and blue of the Philippines

so why wouldn't they are they the simple

answer is no because essentially of the

military power of China now and I think

also with the Philippines they've China

has been able to bribe or by the current

deter ease

so the previous government of the

Philippines was incensed by China's

actions but the current president wants

China's business so basically is caved

in to it so it's a pretty yeah but it

got there's decades of sort of the

development to this point it's only

really been though in the last few years

where China has moved really

aggressively to build artificial islands

so I'm going to show you some images of

vini or Johnson South reef and the

Philippines is it so I'm sorry that was

the last one was it I think I've got a

picture of mabini in a moment anyway

China's this is just a comment from 2014

I thought was really apt China's Island

building is aimed at addressing a

serious deficit other countries that

claim large chunks of the South China

Sea Vietnam the Philippines Taiwan

Malaysia all controlled real Islands but

China came very late to this party and

missed out on all the good real estate

so countries were claiming these really

after World War two and if you think of

China at that point it had just gone

through this it's civil war and yeah it

wasn't it wasn't the China you know

modern China it was very early stages

when countries were claiming you know

when the dust was settling after World

War 2 the Japanese have been pushed back

the US was still there but these

countries what was sorting out sort of

territory territorial disputes they can

they controlled all the real islands and

yeah Beijing only took control of

Johnson South reef in 1988 after a

bloody battle with Vietnam think about

that say China and Vietnamese Vietnam

both communist countries so both you

know fought together in the Vietnam War [Music]

[Music]

you know China supplied Vietnamese

forces with arms and yeah here they are

having a war or a small-scale war

70 Vietnamese sailors were killed in it

and Hanoi has never forgiven Beijing

since then China has shied away from

direct military confrontation and but

now Beijing has decided it's time to

move so this is 2014 so a few years ago

and to assert its claim and to back it

up by creating new facts on the ground a

string of Ireland bases and an

unsinkable aircraft carrier right in the

middle of the South China Sea

Manila knows it has no hope of standing

up to Beijing in a straight fight so the

Philippines has taken skates to the

United Nations this is before deterrence

is that esa his name the deter taste to

deter tase so the previous government of

the Philippines took Beijing to United

Nations under the unclose and what China

did because pretty clearly it had no

legal basis the Philippines was going to

win so China's response was to ignore it

and to claim that it was invalid and so

China didn't show up and the Philippines

won yeah so yeah again this is a comment

from 2014 but I still think it's our

China is just at the start of its rise

as a naval power the speed of the change

it's breathtaking right now China is

building new naval ships and submarines

faster than any other country in the

world including the u.s. second naval

carriers on the way etc and basically

the South China Sea is an expression of

China's intent and Beijing's ambition is

to dominate the sea space within the

first island chain and the longer term

it wants to move further beyond the

Philippines in southern Japan to a

second island chain to pull our Guam and

the Northern Mariana Islands so this is

the two lines that were in part of that report

report

so basically China is planning for its

own defence and its control of its

region the first island chain is that

red line and you can see the u-shaped

claim as part of that and then a broader

asserting and pushing back US influence

in that area so

okay so there's a just some photos about

the reefs so here's good quote you can

see that this is a method methodical

well-planned campaign to create a chain

of air and sea capable fortresses across

the center of the Spratly Islands so

here's an image of the same island at

Gavin well it actually wasn't an island

it was a reef

Gavin reef in the Spratly Islands so the

image on the left is in 30th of March

2014 the image in the middle is the 7th

of August 2014 and then the image on the

right is the 30th of January 2015 so

you've taken a reef and you've turned it

into a artificial island with a deeper

port area and this is what it looks like Gavin reef in 2017 so you can see it was

Gavin reef in 2017 so you can see it was gone it's changed from a coral reef into

gone it's changed from a coral reef into a military base and similarly fiery reef

a military base and similarly fiery reef comparison between 2006 when it was a

comparison between 2006 when it was a reef and then 2015 when it was turned

reef and then 2015 when it was turned into him into a military base and that's

into him into a military base and that's it taken from a plane yet so no longer a

it taken from a plane yet so no longer a reef now a military base and similarly

reef now a military base and similarly yeah that's just some of the the dredges

yeah that's just some of the the dredges at at work building the artificial

at at work building the artificial islands there's just more images of them

islands there's just more images of them so 2017 so essentially China has been

so 2017 so essentially China has been successful in establishing all these

successful in establishing all these bases they took the opportunity when

bases they took the opportunity when Barack Obama was particularly weak and

Barack Obama was particularly weak and the US wouldn't push back because the US

the US wouldn't push back because the US was the only country really that could

was the only country really that could have stopped them the Philippines and

have stopped them the Philippines and all the others are too small so

all the others are too small so essentially took the opportunity and

essentially took the opportunity and created new facts on the ground and

created new facts on the ground and they're there now there's there not

they're there now there's there not going to be you can't sink them they're

going to be you can't sink them they're not you know there's no way of getting

not you know there's no way of getting those reefs back they've effectively now

those reefs back they've effectively now been turned into fortresses so yeah

been turned into fortresses so yeah that's another one of the reefs in 2014

that's another one of the reefs in 2014 and that's it in 2017 so you can see

and that's it in 2017 so you can see they're a big building honored radars

they're a big building honored radars helipads

helipads Sentra me I'm all-powerful I can know so

Sentra me I'm all-powerful I can know so so effectively China's you know will

so effectively China's you know will never submit to like the arbitration of

never submit to like the arbitration of the Tethys territories will never submit

the Tethys territories will never submit it to a International Court because why

it to a International Court because why would you you're a super power and

would you you're a super power and you've got all this military might why

you've got all this military might why do you need to basically go for a ruling

do you need to basically go for a ruling before an International Court where if

before an International Court where if you actually apply the law you're going

you actually apply the law you're going to lose so if you're the biggest bully

to lose so if you're the biggest bully on the block and there's no one that's

on the block and there's no one that's going to come and pull you pull you up

going to come and pull you pull you up then why do you need to obey the rules

then why do you need to obey the rules and it you know China I'll get to some

and it you know China I'll get to some quotes in a minute where you know

quotes in a minute where you know Chinese writers talk about what the US

Chinese writers talk about what the US has done this for a long time the US

has done this for a long time the US continues to do it I mean if you look at

continues to do it I mean if you look at Israel Israel has occupied the West Bank

Israel Israel has occupied the West Bank and you know basically annex territory

and you know basically annex territory Russia is doing it in the Ukraine why

Russia is doing it in the Ukraine why can't China do it it hasn't

can't China do it it hasn't at this stage led to any armed conflict

at this stage led to any armed conflict so and it's just basically turned some

so and it's just basically turned some reefs into some military bases yeah so

reefs into some military bases yeah so you can see that these are extensive

you can see that these are extensive this isn't just like a little platform

this isn't just like a little platform on a on a on a reef these are full-scale

on a on a on a reef these are full-scale small cities that have been built with

small cities that have been built with facilities and you know and military

facilities and you know and military this is some of the the naval ships at

this is some of the the naval ships at this particular base in 2018 so now okay

this particular base in 2018 so now okay go on with you can see that I've I'm

go on with you can see that I've I'm really interested in that whole issue

really interested in that whole issue and the pictures of it but you get the

and the pictures of it but you get the flavor it is a big deal what has been

flavor it is a big deal what has been done there so if we actually look at the

done there so if we actually look at the law what's the legal status of them so

law what's the legal status of them so within an easy the coastal states shall

within an easy the coastal states shall have the exclusive right to construct

have the exclusive right to construct and authorize and regulate the

and authorize and regulate the construction and operation and use of

construction and operation and use of artificial islands so these were within

artificial islands so these were within the easy to the Philippines

the easy to the Philippines so the Philippines didn't authorize them

so the Philippines didn't authorize them and under paragraph 8 of article 60

and under paragraph 8 of article 60 artificial islands installations and

artificial islands installations and structures do not possess the status

structures do not possess the status violence they have no territorial sea of

violence they have no territorial sea of their own and the presence does not

their own and the presence does not affect that the elimination of the

affect that the elimination of the territorial sea the easy or the

territorial sea the easy or the continental shelf so under on cloths

continental shelf so under on cloths there's no legal status for them China

there's no legal status for them China hasn't actually gained anything legally

hasn't actually gained anything legally it doesn't have an easy but the reality

it doesn't have an easy but the reality is very different you know if the

is very different you know if the Chinese Navy is there and is going to

Chinese Navy is there and is going to push back to you know any say

push back to you know any say Philippines fishing vessels coming into

Philippines fishing vessels coming into the area and just allow Chinese vessels

the area and just allow Chinese vessels to fish them then the de facto reality

to fish them then the de facto reality is it's basically Chinese waters and

is it's basically Chinese waters and controlled by them

controlled by them okay if the artificial islands if there

okay if the artificial islands if there had been on the high seas that could

had been on the high seas that could have potentially been lawful but they're

have potentially been lawful but they're not on the high seas

not on the high seas so there's yet competing claims to the

so there's yet competing claims to the continental shelves you're under the

continental shelves you're under the South China Sea yeah as a little aside

South China Sea yeah as a little aside what's an Island an island is a

what's an Island an island is a naturally formed area of land surrounded

naturally formed area of land surrounded by water which is above water at high

by water which is above water at high tide rocks which cannot sustain human

tide rocks which cannot sustain human habitation or economic life of their own

habitation or economic life of their own she'll have no easier door continental

she'll have no easier door continental shelf so there's a it sounds like a

shelf so there's a it sounds like a funny argument but it's actually really

funny argument but it's actually really significant under the law of the sea the

significant under the law of the sea the difference between an island and a rock

difference between an island and a rock and a rock yeah it doesn't attract an

and a rock yeah it doesn't attract an easy but an island does okay the

easy but an island does okay the reclamation would technically do little

reclamation would technically do little to bolster China's claim to the islands

to bolster China's claim to the islands and unclose because these have to be

and unclose because these have to be based on natural occurring features that

based on natural occurring features that said if China is on the ground and is

said if China is on the ground and is heavily armed then it's going to be nigh

heavily armed then it's going to be nigh on impossible for anyone to challenge

on impossible for anyone to challenge your remove it so international law is

your remove it so international law is moot on this one that was just a comment

moot on this one that was just a comment from James Hardy okay so Philippines

from James Hardy okay so Philippines under the previous government took China

under the previous government took China to arbitration under unclose and you can

to arbitration under unclose and you can see there the arbitration in progress on

see there the arbitration in progress on the left is the four

the left is the four the pens legal team and on the right is

the pens legal team and on the right is the Chinese legal team no joke there is

the Chinese legal team no joke there is no legal team there China refused to

no legal team there China refused to show up they said they claimed that the

show up they said they claimed that the arbitration had no legal basis and

arbitration had no legal basis and basically yeah and clearly they did that

basically yeah and clearly they did that because they knew they were going to

because they knew they were going to lose the Philippines won it was a

lose the Philippines won it was a resounding victory legally but yeah

resounding victory legally but yeah basically doesn't make any difference

basically doesn't make any difference factually so this I think is a really it

factually so this I think is a really it was a really interesting article from

was a really interesting article from 2014 it we've talked about law fair and

2014 it we've talked about law fair and talked about it was a report from the US

talked about it was a report from the US Secretary of Defense about three forms

Secretary of Defense about three forms of warfare and I think this is this is

of warfare and I think this is this is really in terms of being aware of it

really in terms of being aware of it it's not just China but also Russia and

it's not just China but also Russia and other countries using various forms of

other countries using various forms of yeah to disrupt their if we don't say

yeah to disrupt their if we don't say enemies they're competitors so

enemies they're competitors so psychological warfare seeks to influence

psychological warfare seeks to influence and disrupt an opponent's

and disrupt an opponent's decision-making capability so putting a

decision-making capability so putting a crazy person in charge of another

crazy person in charge of another country ie Russia ie

country ie Russia ie 2006 US elections traumatized the whole

2006 US elections traumatized the whole country media warfare and so constant

country media warfare and so constant ongoing activity aimed at long term

ongoing activity aimed at long term influence or perceptions and attitudes

influence or perceptions and attitudes and also illegal warfare exploits the

and also illegal warfare exploits the legal system to achieve political

legal system to achieve political commercial activities so a range of

commercial activities so a range of different activities that countries like

different activities that countries like Russia and China engage in so just to

Russia and China engage in so just to wrap up unclose I mentioned before that

wrap up unclose I mentioned before that the u.s. hasn't ratified and closed it

the u.s. hasn't ratified and closed it still claims that 200 nautical mile easy

still claims that 200 nautical mile easy just there's not really a legal basis

just there's not really a legal basis for that legal basis is that they've got

for that legal basis is that they've got the world's biggest Navy back in 2012

the world's biggest Navy back in 2012 when Hillary Clinton was the Secretary

when Hillary Clinton was the Secretary of State this is her and the chairman of

of State this is her and the chairman of the Joint Chiefs of Staff and the

the Joint Chiefs of Staff and the defense secretary basically going before

defense secretary basically going before the US Senate to plead for the US Senate

the US Senate to plead for the US Senate to authorize the u.s. ratifying unclose

to authorize the u.s. ratifying unclose because the US military was saying well

because the US military was saying well you know we're trying to defend rights

you know we're trying to defend rights in the South China Sea and China's

in the South China Sea and China's responses well you're not even a party

responses well you're not even a party to the treaty so don't try and assert

to the treaty so don't try and assert rights that you're not even entitled to

rights that you're not even entitled to claim so as part of the South China Sea

claim so as part of the South China Sea dispute the US military sort of renewed

dispute the US military sort of renewed its push to be become a party to unclose

its push to be become a party to unclose in any way the Senate knocked it back

in any way the Senate knocked it back okay

okay China fairly sees double standards being

China fairly sees double standards being applied to the US when it has ignored

applied to the US when it has ignored international law and this is just a

international law and this is just a quote from a few years ago some of the

quote from a few years ago some of the brightest young scholars in China take

brightest young scholars in China take great delight in reeling off exhausted

great delight in reeling off exhausted exhaustive examples of United States

exhaustive examples of United States duplicity and double standards when the

duplicity and double standards when the US has taken no notice of international

US has taken no notice of international law nevermind norms United States

law nevermind norms United States actions have not been constrained by the

actions have not been constrained by the international community in part because

international community in part because of its hegemonic position the argument

of its hegemonic position the argument goes but in part because there was

goes but in part because there was precious little anyone could do to stop

precious little anyone could do to stop them acting unilaterally George Bush is

them acting unilaterally George Bush is the much invoked case in point

the much invoked case in point so the invasion of Iraq which wasn't

so the invasion of Iraq which wasn't authorized by a Security Council

authorized by a Security Council resolution and wasn't in self-defense so

resolution and wasn't in self-defense so it was clearly in breach of

it was clearly in breach of international law but whatever the

international law but whatever the merits of such arguments one lesson

merits of such arguments one lesson seems to have been taken to heart great

seems to have been taken to heart great and powerful countries may not be able

and powerful countries may not be able to do anything to do anything they want

to do anything to do anything they want but they can do a lot more than weak

but they can do a lot more than weak ones and it's precisely because China

ones and it's precisely because China has become so much more materially

has become so much more materially consequential both militarily and

consequential both militarily and economically that its leaders clearly

economically that its leaders clearly feel they can take more calculated risks

feel they can take more calculated risks and building those artificial islands to

and building those artificial islands to bolster its territorial ambitions in the

bolster its territorial ambitions in the South China Sea is clearly that a

South China Sea is clearly that a calculated risk they wait up will the US

calculated risk they wait up will the US intervene and as I said Barack Obama was

intervene and as I said Barack Obama was really weak internationally at the time

really weak internationally at the time and they took that opportunity and then

and they took that opportunity and then took the calculated risk and now the

took the calculated risk and now the facts have changed in terms of you know

facts have changed in terms of you know those things have been built now and

those things have been built now and they're not going away

they're not going away okay so that's unclose and maritime

okay so that's unclose and maritime zones

zones gone past an hour it's now in a quarter

gone past an hour it's now in a quarter why don't we get up and take a break

why don't we get up and take a break take ten minutes we'll come back and

take ten minutes we'll come back and we'll talk about marine pollution under

we'll talk about marine pollution under unco sand land sauce marine pollution

okay let's come back and keep going with our lecture on unclose said before

before the break we were talking about maritime zones and I've given you that

maritime zones and I've given you that handout with the major maritime has

handout with the major maritime has shown in diagram and then the map out

shown in diagram and then the map out from the coast of Australia obviously

from the coast of Australia obviously you don't need to worry about the

you don't need to worry about the details for the purposes of our course I

details for the purposes of our course I hope that that was interesting in terms

hope that that was interesting in terms of yeah this really important area of

of yeah this really important area of international law and how countries then

international law and how countries then get to regulate surrounding areas you

get to regulate surrounding areas you don't need to know the detail for you

don't need to know the detail for you know the purpose of the exam the main

know the purpose of the exam the main thing I want you to be aware of is the

thing I want you to be aware of is the exclusive economic zone and the

exclusive economic zone and the continental shelf and the rights that

continental shelf and the rights that are associated with them so obviously

are associated with them so obviously the easy you can extensive 200 nautical

the easy you can extensive 200 nautical miles and countries can regulate

miles and countries can regulate fisheries within that including vessels

fisheries within that including vessels that are flagged in another country so

that are flagged in another country so it doesn't matter if it's a vessel

it doesn't matter if it's a vessel flagged in another country if it's with

flagged in another country if it's with if they're within your easy ed and

if they're within your easy ed and they're fishing then you can you can

they're fishing then you can you can regulate them okay let's look at

regulate them okay let's look at regulation of marine pollution under

regulation of marine pollution under unclose especially from land-based

unclose especially from land-based sources

so unclose does have protection of the marine environment including from

marine environment including from land-based sources so around the world

land-based sources so around the world there's a growing number of dead zones

there's a growing number of dead zones so particularly along the east coast of

so particularly along the east coast of the US and the Gulf of Mexico in

the US and the Gulf of Mexico in northern parts of Europe and

northern parts of Europe and increasingly around China Japan and

increasingly around China Japan and Korea so essentially they're caused by

Korea so essentially they're caused by large amounts of nitrogen and phosphorus

large amounts of nitrogen and phosphorus coming from agriculture particularly in

coming from agriculture particularly in river systems where there's major

river systems where there's major agricultural development so the nitrogen

agricultural development so the nitrogen phosphorus the nutrients allow for

phosphorus the nutrients allow for massive amount of algae to grow when

massive amount of algae to grow when those nutrients get out into the ocean

those nutrients get out into the ocean and the algae when it dies settles down

and the algae when it dies settles down to the bottom and if it's you know large

to the bottom and if it's you know large enough when the the algae breaks down it

enough when the the algae breaks down it causes the water to be all the oxygen to

causes the water to be all the oxygen to be used up in the decomposition of the

be used up in the decomposition of the algae and you end up with dead zones and

algae and you end up with dead zones and if those rise up to the surface they can

if those rise up to the surface they can basically kill everything

basically kill everything so deoxygenated water but caused by

so deoxygenated water but caused by pollution of through nutrients from land

pollution of through nutrients from land sources so here's sort of diagram

sources so here's sort of diagram showing it so fresh water with nutrients

showing it so fresh water with nutrients in it coming in an algal bloom the dead

in it coming in an algal bloom the dead algae going to the bottom and then when

algae going to the bottom and then when those breakdown creates an

those breakdown creates an oxygen-deprived

oxygen-deprived layer and everything that dies in that's

layer and everything that dies in that's all the fish so these are extensive in

all the fish so these are extensive in these areas you know these are they're

these areas you know these are they're massive river systems with huge amounts

massive river systems with huge amounts of agriculture in them so here's a

of agriculture in them so here's a really visual illustration of it with

really visual illustration of it with the dirty water coming up from the

the dirty water coming up from the Mississippi laden with sediments organic

Mississippi laden with sediments organic material nutrients and pesticides it's

material nutrients and pesticides it's coming into the Gulf of Mexico so

coming into the Gulf of Mexico so there's been in recent decades routine

there's been in recent decades routine sort of major fish kills in the

sort of major fish kills in the area so the Mississippi River mouth

area so the Mississippi River mouth comes out so the Mississippi drains you

comes out so the Mississippi drains you know an enormous part of the continent

know an enormous part of the continent so all the way down from the Great Lakes

so all the way down from the Great Lakes all the way up to Alberta and down so an

all the way up to Alberta and down so an enormous river system huge amount of

enormous river system huge amount of agriculture in it and here's some

agriculture in it and here's some satellite images showing red and oranges

satellite images showing red and oranges representing high concentrations of

representing high concentrations of phytoplankton and river sediment along

phytoplankton and river sediment along the coast and then in winter so I've

the coast and then in winter so I've been following this for many years but

been following this for many years but it just updated the slides for the

it just updated the slides for the purposes of talking to you today and

purposes of talking to you today and this was from so this has been going on

this was from so this has been going on for decades but just looking at this

for decades but just looking at this year 12th of June this year the NOAA

year 12th of June this year the NOAA forecast very large dead zones for the

forecast very large dead zones for the Gulf of Mexico low oxygen if based on

Gulf of Mexico low oxygen if based on high rainfall and the like bringing in a

high rainfall and the like bringing in a lot of sediment so it didn't get as bad

lot of sediment so it didn't get as bad as NOAA had predicted but it was still

as NOAA had predicted but it was still really bad so here's some data of so the

really bad so here's some data of so the red areas with very very low oxygen so

red areas with very very low oxygen so basically deoxygenated and you're

basically deoxygenated and you're looking at like an enormous you know

looking at like an enormous you know that's you can see the scale down here

that's you can see the scale down here 50 miles so you know you're looking at

50 miles so you know you're looking at something like 500 miles is it four or

something like 500 miles is it four or five hundred miles across there so you

five hundred miles across there so you know six or seven hundred kilometers of

know six or seven hundred kilometers of ocean that's basically deoxygenated so

ocean that's basically deoxygenated so everything dying in it so it's a huge

everything dying in it so it's a huge problem and here's just a graph showing

problem and here's just a graph showing since 1985 these areas affected by very

since 1985 these areas affected by very low oxygen levels and you can see there

low oxygen levels and you can see there the largest was in 2017 and there's no

the largest was in 2017 and there's no real clear trend there in terms of it

real clear trend there in terms of it improving so it's a huge management

improving so it's a huge management problem for the US and so where does the

problem for the US and so where does the nutrients come from so the green is corn

nutrients come from so the green is corn and soya beans the oranges other crops

and soya beans the oranges other crops the brown is pasture and range so

the brown is pasture and range so phosphorus and nitrogen you know coming

phosphorus and nitrogen you know coming from those two different sources so

from those two different sources so here's another diagram all those

here's another diagram all those nutrients coming in from farming

nutrients coming in from farming practices in the catchment and yeah once

practices in the catchment and yeah once they're in the river it's basically

they're in the river it's basically impossible to get them out so you've got

impossible to get them out so you've got to manage them at source and manage the

to manage them at source and manage the application of fertilizers and then

application of fertilizers and then there's the whole politics of managing

there's the whole politics of managing farmers you know we've got the same here

farmers you know we've got the same here in Australia in the US the politics of

in Australia in the US the politics of managing farmers and you know growing

managing farmers and you know growing things

things so anyway unclose if we look at unclose

so anyway unclose if we look at unclose part 12 deals with the protection and

part 12 deals with the protection and preservation of the marine environment

preservation of the marine environment there is a general obligation in article

there is a general obligation in article hundred ninety-two to protect and

hundred ninety-two to protect and preserve the marine environment and that

preserve the marine environment and that they should take all measures consistent

they should take all measures consistent with the convention convention necessary

with the convention convention necessary to prevent reduce and control pollution

to prevent reduce and control pollution of the marine environment

of the marine environment from any source using for this purpose

from any source using for this purpose the best available means at their

the best available means at their disposal and accordance with their

disposal and accordance with their capabilities so any source would include

capabilities so any source would include ships but ships are generally regulated

ships but ships are generally regulated under the sort of MARPOL marine

under the sort of MARPOL marine pollution framework unclose more applies

pollution framework unclose more applies to land source pollution but also things

to land source pollution but also things like drilling platforms so article

like drilling platforms so article hundred ninety four goes on that the

hundred ninety four goes on that the measures that they'll use to control

measures that they'll use to control that include a release of toxic harmful

that include a release of toxic harmful noxious substances etc pollution from

noxious substances etc pollution from vessels so again that's does cover ships

vessels so again that's does cover ships but Marple

but Marple tends to get more bite from that and

tends to get more bite from that and pollutions from installations and

pollutions from installations and devices used in exploration exploitation

devices used in exploration exploitation of the natural resources so something

of the natural resources so something like the deepwater horizon could also be

like the deepwater horizon could also be regulated under enclose so article 207

regulated under enclose so article 207 deals with pollution from land-based

deals with pollution from land-based sources so basically control them set up

sources so basically control them set up rules and the like and pollution from

rules and the like and pollution from seabed activities subject to national

seabed activities subject to national jurisdiction again the deepwater horizon

jurisdiction again the deepwater horizon would be you know captured by this

would be you know captured by this obviously the u.s. is not hasn't

obviously the u.s. is not hasn't ratified unclose so it's not technically

ratified unclose so it's not technically subject to these laws and pollution by

subject to these laws and pollution by dumping preventing dumping

dumping preventing dumping pollution from vessels - and 111 just as

pollution from vessels - and 111 just as another example moving away from the US

another example moving away from the US so basic bottom line land source

so basic bottom line land source pollution is a massive issue in many

pollution is a massive issue in many countries us and the Mississippi is one

countries us and the Mississippi is one really major example China has also

really major example China has also similar problems with major pollution

similar problems with major pollution from its agricultural areas in Germany

from its agricultural areas in Germany the Rhine River is a different example

the Rhine River is a different example and this is Laura success story so the

and this is Laura success story so the Rhine River flows from Switzerland

Rhine River flows from Switzerland through France through Germany and

through France through Germany and enters the ocean in the Netherlands so

enters the ocean in the Netherlands so massive river in Europe at the Rhine and

massive river in Europe at the Rhine and it was heavily industrialized for the

it was heavily industrialized for the last century so that's just a here's a

last century so that's just a here's a the ruler harbor on the Rhine so just as

the ruler harbor on the Rhine so just as examples of the you know large

examples of the you know large industrialization of it in 1986 there

industrialization of it in 1986 there was a massive disaster in Switzerland

was a massive disaster in Switzerland these Sandoz disaster and basically a

these Sandoz disaster and basically a storehouse of pesticides solvents and

storehouse of pesticides solvents and dines caught on fire and that was bad

dines caught on fire and that was bad enough but in putting out the fire the

enough but in putting out the fire the fire departments poured a whole heap of

fire departments poured a whole heap of material and water on the fire and all

material and water on the fire and all of the chemicals then washed into the

of the chemicals then washed into the storm water system and there was a

storm water system and there was a massive plume of basically toxic

massive plume of basically toxic materials went down the Rhine from that

materials went down the Rhine from that disaster and basically just killed

disaster and basically just killed everything in it and yeah just huge

everything in it and yeah just huge environmental disaster again 1986 so you

environmental disaster again 1986 so you know around the time of the ozone hole

know around the time of the ozone hole being you know addressed this heightened

being you know addressed this heightened environmental environmental concerns you

environmental environmental concerns you can see why you know Europe would be

can see why you know Europe would be horrified by that event so it led to

horrified by that event so it led to though a really positive step the Rhine

though a really positive step the Rhine action program of 1987 so in response

action program of 1987 so in response you can see the it's a disaster driven

you can see the it's a disaster driven response in responding to the Santos

response in responding to the Santos disaster they came up with the Ryan

disaster they came up with the Ryan Action Program of 1987 it's so

Action Program of 1987 it's so towns known as salmon mm because it's

towns known as salmon mm because it's stated target was to see the return of

stated target was to see the return of salmon to the Rhine by the year 2000 so

salmon to the Rhine by the year 2000 so it actually achieved that and salmon

it actually achieved that and salmon known for their sensitivity to pollution

known for their sensitivity to pollution returned to the Rhine in 1997 so and

returned to the Rhine in 1997 so and there's a program to make the Rhine

there's a program to make the Rhine clean enough to swim in I tried in

clean enough to swim in I tried in preparing for this lecture I tried to

preparing for this lecture I tried to look for whether they'd been successful

look for whether they'd been successful or not and I wasn't able to find out

or not and I wasn't able to find out some recent data on whether whether

some recent data on whether whether they're actually achieving that

they're actually achieving that obviously Germany is putting a huge

obviously Germany is putting a huge amount into fixing up environmental

amount into fixing up environmental pollution that alike so I'd expect that

pollution that alike so I'd expect that there if they're not going to reach it

there if they're not going to reach it by 2020 it would be a very advanced

by 2020 it would be a very advanced program so that's a relative success

program so that's a relative success story in terms of dealing with pollution

story in terms of dealing with pollution in rivers okay so that's land source

in rivers okay so that's land source pollution I just wanted to mention deep

pollution I just wanted to mention deep sea mining outside of a Zed's so even

sea mining outside of a Zed's so even though I'm talking about outsiders Ed's

though I'm talking about outsiders Ed's the example that I'd use is actually

the example that I'd use is actually comes from PNG within easy Ed's but I

comes from PNG within easy Ed's but I just wanted to flag there's this term as

just wanted to flag there's this term as I said before area means the seabed and

I said before area means the seabed and ocean floor and subsoil there of beyond

ocean floor and subsoil there of beyond the limits of national jurisdiction so

the limits of national jurisdiction so basically the deep seabed it's called

basically the deep seabed it's called the area we should was just called the

the area we should was just called the deep seabed but in part 11 of unclassy

deep seabed but in part 11 of unclassy it deals with the management of the area

it deals with the management of the area and puts deep-sea mining under the

and puts deep-sea mining under the control of an authority established

control of an authority established under enclose and those have those areas

under enclose and those have those areas have been historically very difficult to

have been historically very difficult to mine but there's been a lot of interest

mine but there's been a lot of interest in the last decade or so because a long

in the last decade or so because a long sort of the continental plates there are

sort of the continental plates there are a lot of activity activities around very

a lot of activity activities around very high concentrations of metals so they

high concentrations of metals so they come from hydrothermal vents and can

come from hydrothermal vents and can result in very high concentrations of

result in very high concentrations of things like gold or copper so if you can

things like gold or copper so if you can mined them then they're potentially very

mined them then they're potentially very lucrative sources of those

lucrative sources of those medals and yeah there's a whole heap of

medals and yeah there's a whole heap of chemistry going on there

chemistry going on there you know the temperatures the pressure

you know the temperatures the pressure and why things deposit but with the

and why things deposit but with the increasing ability to use robotics at

increasing ability to use robotics at deep you know these depths it's

deep you know these depths it's increasingly opening up the deep seabed

increasingly opening up the deep seabed to potential mining so an example of

to potential mining so an example of that seabed mining is in Papua New

that seabed mining is in Papua New Guinea the sawara project so within the

Guinea the sawara project so within the Bismark sea which is all within the PNG

Bismark sea which is all within the PNG easy but deep and essentially they're

easy but deep and essentially they're using robotics where you know go down

using robotics where you know go down and basically mine along the seafloor to

and basically mine along the seafloor to recover those metals so the projects had

recover those metals so the projects had a you know hit and miss it's been very

a you know hit and miss it's been very expensive wouldn't say anything's been

expensive wouldn't say anything's been outrageously successful but this is an

outrageously successful but this is an area in terms of you know future

area in terms of you know future development deep-sea mining certainly is

development deep-sea mining certainly is an area that would likely to see more

an area that would likely to see more development in as automation you don't

development in as automation you don't need people you can send down something

need people you can send down something that can be controlled robotically and

that can be controlled robotically and then you know it's a lot safer and

then you know it's a lot safer and potentially mine those sorts of areas so

potentially mine those sorts of areas so I just mentioned that I wanted to just

I just mentioned that I wanted to just turn to fisheries management briefly so

turn to fisheries management briefly so fisheries management under enclose the

fisheries management under enclose the main thing to be aware of is within the

main thing to be aware of is within the easy uncle is very strong and outside

easy uncle is very strong and outside the easy on the high seas unclosed is

the easy on the high seas unclosed is really weak and I'm sure I don't need to

really weak and I'm sure I don't need to tell you about the pressures on fish

tell you about the pressures on fish stocks globally here's a series of

stocks globally here's a series of pictures just to illustrate some

pictures just to illustrate some fisheries stocks that are heavily

fisheries stocks that are heavily impacted this is a good visual one

impacted this is a good visual one because these were the winners of a

because these were the winners of a fishing contest held annually at Key

fishing contest held annually at Key West in Florida and the winners in 1957

West in Florida and the winners in 1957 are at the top the winners in the early

are at the top the winners in the early 1980s and then 2007 and you noticed the

1980s and then 2007 and you noticed the winners at the top one

winners at the top one and look at the winners in 2007 they're

and look at the winners in 2007 they're like these minnows they're back in 1957

like these minnows they're back in 1957 they would have thrown back it was just

they would have thrown back it was just too small and basically using this bait

too small and basically using this bait someone pointed out to me a few years

someone pointed out to me a few years ago that you still would get big gropers

ago that you still would get big gropers but they're fully protected within so

but they're fully protected within so some of the fish that were caught back

some of the fish that were caught back in 1957 you've still got big fish like

in 1957 you've still got big fish like that around but they're fully protected

that around but they're fully protected in that area so it's not quite as simple

in that area so it's not quite as simple as these pictures make out but there's a

as these pictures make out but there's a big change in the sizes that are winning

big change in the sizes that are winning that contest and yeah so that's 1957

that contest and yeah so that's 1957 this is the early 1980s and this is 2007

this is the early 1980s and this is 2007 so when we're thinking about fisheries

so when we're thinking about fisheries as well it's conscious it's important to

as well it's conscious it's important to be aware of the shifting baseline

be aware of the shifting baseline syndrome so people of each generation

syndrome so people of each generation perceive the state of ecosystems they

perceive the state of ecosystems they encountered in their childhood is normal

encountered in their childhood is normal and natural

and natural so when wildlife is depleted or

so when wildlife is depleted or pollution occurs we might notice the

pollution occurs we might notice the loss but we're unaware that the

loss but we're unaware that the baselines by which we judge the decline

baselines by which we judge the decline is in fact a state of extreme depletion

is in fact a state of extreme depletion so basically if you know when you were

so basically if you know when you were born there were very few trees and birds

born there were very few trees and birds in the area you live you assume that

in the area you live you assume that that's you know you've come to think

that's you know you've come to think that that's how the world is and you

that that's how the world is and you don't recognize that actually there's a

don't recognize that actually there's a there's a shifted baseline you know a

there's a shifted baseline you know a few years before you or a generation

few years before you or a generation before there was extensive trees and

before there was extensive trees and birds those things are gone what you

birds those things are gone what you accept or what you assumed to be normal

accept or what you assumed to be normal is in fact a very depleted environment

is in fact a very depleted environment and that is a common issue to be aware

and that is a common issue to be aware of with fisheries but also pollution

of with fisheries but also pollution generally a lot of environment

generally a lot of environment degradation you know what we grew up

degradation you know what we grew up with we accept as normal and you have to

with we accept as normal and you have to think back to what came before us if

think back to what came before us if we're thinking about how depleted is the

we're thinking about how depleted is the environment so shifting baseline syndra

environment so shifting baseline syndra yeah it's particularly talked about in

yeah it's particularly talked about in fisheries scientists it came from an

fisheries scientists it came from an article in 1995 by daniel pauly about

article in 1995 by daniel pauly about anecdotes and the shifting baseline

anecdotes and the shifting baseline syndrome of fisheries and the fisheries

syndrome of fisheries and the fisheries ecologist

ecologist a famous example of the fisheries

a famous example of the fisheries collapse is the Atlantic cod so that was

collapse is the Atlantic cod so that was distributed north of Europe and on the

distributed north of Europe and on the east coast of the US and you can see

east coast of the US and you can see here the collapse of the stock it was

here the collapse of the stock it was fished from the 1850s and then in the

fished from the 1850s and then in the 1860s with industrial fishing techniques

1860s with industrial fishing techniques and the ability to go much deeper they

and the ability to go much deeper they started fishing the basically the stock

started fishing the basically the stock that was where the recruitment was

that was where the recruitment was coming from so for a while there was a

coming from so for a while there was a spike but then it led to an collapse so

spike but then it led to an collapse so yeah from the late 1950s offshore bottom

yeah from the late 1950s offshore bottom trawlers began exploiting the deeper

trawlers began exploiting the deeper parts of the stock leading to a large

parts of the stock leading to a large catch increase in a strong decline in

catch increase in a strong decline in the underlying biomass internationally

the underlying biomass internationally agreed quotas in the early 1970s in the

agreed quotas in the early 1970s in the following declaration by Canada of an

following declaration by Canada of an ease in 1977 failed to arrest and

ease in 1977 failed to arrest and reverse the decline so that's a famous

reverse the decline so that's a famous fisheries collapse and yeah this is an

fisheries collapse and yeah this is an article from a couple of years ago

article from a couple of years ago showing the utterly massive imprint of

showing the utterly massive imprint of fishing on the world's oceans so this is

fishing on the world's oceans so this is yeah data of fishing activities by

yeah data of fishing activities by vessels broadcasting a fishing basically

vessels broadcasting a fishing basically a vessel location device so you can see

a vessel location device so you can see you know massive activity and

you know massive activity and particularly China now has got an

particularly China now has got an enormous fleet so this is the top 15

enormous fleet so this is the top 15 fishing nations as at 2016 and China's

fishing nations as at 2016 and China's down the bottom it Dwarfs everyone else

down the bottom it Dwarfs everyone else so millions of hours of fishing in 2016

so millions of hours of fishing in 2016 so China has an enormous fleet now not

so China has an enormous fleet now not in any way confined to sort of Chinese

in any way confined to sort of Chinese coastal waters but going around the

coastal waters but going around the globe to South America massive massive

globe to South America massive massive fleet so the global capture of fisheries

fleet so the global capture of fisheries and aquaculture production since 1950 is

and aquaculture production since 1950 is shown in this graph so a lot of

shown in this graph so a lot of aquaculture activity but the actual

aquaculture activity but the actual capture really hasn't increased

capture really hasn't increased substantially since about 1985 but we

substantially since about 1985 but we are going further and in basically

are going further and in basically exploiting stocks that are you know -

exploiting stocks that are you know - depletion

depletion as we deplete a stock we then move on so

as we deplete a stock we then move on so we're able to sustain essentially the

we're able to sustain essentially the same catch but by depleting more and

same catch but by depleting more and more stocks so obviously at some point

more stocks so obviously at some point we run out of new stocks to deplete and

we run out of new stocks to deplete and then yep so the global trends in the

then yep so the global trends in the state of the world's marine stocks is

state of the world's marine stocks is shown in this report from 2018 so yeah

shown in this report from 2018 so yeah under fish stocks in since 1975 going

under fish stocks in since 1975 going through to 2015 over fish stocks have

through to 2015 over fish stocks have substantially increased so yeah

substantially increased so yeah overfishing is a global problem

overfishing is a global problem so under unclose as I've said there's

so under unclose as I've said there's strong powers to regulate you don't

strong powers to regulate you don't necessarily do it well but you've got

necessarily do it well but you've got power as a national government to

power as a national government to regulate within your ears ed and yeah

regulate within your ears ed and yeah coastal states shall determine the allow

coastal states shall determine the allow catch of the living resources within

catch of the living resources within it's easy so that's powerful there's a

it's easy so that's powerful there's a lot of yeah a lot of power in article 61

lot of yeah a lot of power in article 61 for coastal states to regulate

for coastal states to regulate appropriately I won't go into the

appropriately I won't go into the details optimal utilization of marine

details optimal utilization of marine resources within CED is the objective

resources within CED is the objective and then yeah licensing and all of those

and then yeah licensing and all of those things so within the easy its strong

allows for enforcement of vessels and those sorts of things detention of

those sorts of things detention of vessels can I just give you an example

vessels can I just give you an example of of an arrest within an easy ed so

of of an arrest within an easy ed so this is a case of enforcement of

this is a case of enforcement of Fisheries laws in australia z.z

Fisheries laws in australia z.z it involved is called the vole cases

it involved is called the vole cases that led to a range of litigation and

that led to a range of litigation and and again I emphasize to be effective

and again I emphasize to be effective international law has to be enforced

international law has to be enforced through national laws so Australia has

through national laws so Australia has claimed the knees ed created an

claimed the knees ed created an Australian fishing zone and can regulate

Australian fishing zone and can regulate it but for remote areas it's really hard

it but for remote areas it's really hard to enforce these laws so Australia in

to enforce these laws so Australia in this case sent a naval vessel down

this case sent a naval vessel down because the area where the illegal

because the area where the illegal fishing was occurring was in a sub

fishing was occurring was in a sub intact garland's the herd and McDonald

intact garland's the herd and McDonald Islands which are about 4,000 kilometers

Islands which are about 4,000 kilometers southwest of Perth so really remote

southwest of Perth so really remote and the islands the vessel was arrested

and the islands the vessel was arrested just outside australia z.z so that was

just outside australia z.z so that was the location where it was boarded and

the location where it was boarded and you can see there heard island and you

you can see there heard island and you can see the easy why does it why is it

can see the easy why does it why is it shaped that way yep

shaped that way yep yep any guesses who the cooler Islands

yep any guesses who the cooler Islands might belong to close France yep so

might belong to close France yep so they're French islands and so the ease

they're French islands and so the ease that is split between the two

that is split between the two and yeah that's heard island so remote

and yeah that's heard island so remote covered in snow and ice

covered in snow and ice there's an old weather station no one

there's an old weather station no one lives on it now so this is Australian

lives on it now so this is Australian naval personnel boarding from the HMS

naval personnel boarding from the HMS Canberra so basically what happened

Canberra so basically what happened there were two Russian vessels fishing

there were two Russian vessels fishing within the Australian fishing zone an

within the Australian fishing zone an Australian vessel alerted Australian

Australian vessel alerted Australian authorities to it and the HMS Canberra

authorities to it and the HMS Canberra was dispatched sailed down it then

was dispatched sailed down it then arrested the leaner with in Australian

arrested the leaner with in Australian waters and the Lena obviously radioed to

waters and the Lena obviously radioed to the Volga to get out of australia z.z

the Volga to get out of australia z.z because under the unlost system you

because under the unlost system you can't arrest you can arrest a vessel of

can't arrest you can arrest a vessel of another nation flag to another nation if

another nation flag to another nation if it's within your easy and they're

it's within your easy and they're violating your fishing laws but as soon

violating your fishing laws but as soon as they get outside you're easy you

as they get outside you're easy you can't arrest them unless you've

can't arrest them unless you've commenced and I'm not joking the termes

commenced and I'm not joking the termes commenced hot pursuit which sounds like

commenced hot pursuit which sounds like something out of when I was a kid there

something out of when I was a kid there was this show called The Dukes of

was this show called The Dukes of Hazzard and it sort of reminds me of

Hazzard and it sort of reminds me of that a hot pursuit I'm in hot pursuit

that a hot pursuit I'm in hot pursuit little daddy anyway that's the term

little daddy anyway that's the term under on class it's hot pursuit if you

under on class it's hot pursuit if you commenced hot pursuit within the ears

commenced hot pursuit within the ears EDD you can pursue them outside you're

EDD you can pursue them outside you're easier and arrest them but you have to

easier and arrest them but you have to commence hot pursuit by visual or sound

commence hot pursuit by visual or sound you can't radio them you can't just see

you can't radio them you can't just see them on a radar and like chase after

them on a radar and like chase after them you actually have to be able to see

them you actually have to be able to see them and signal them so that Canberra

them and signal them so that Canberra was arresting the Lena within the easy

was arresting the Lena within the easy this vessel is trying to get across the

this vessel is trying to get across the ears ed the Canberra sent a helicopter

ears ed the Canberra sent a helicopter after it which caught up to it and it

after it which caught up to it and it then stopped and then the camera caught

then stopped and then the camera caught up to it but it didn't catch up to it

up to it but it didn't catch up to it until after it was outside the easy

until after it was outside the easy and the story goes that the the hms

and the story goes that the the hms Canberra you know Radio Canberra our

Canberra you know Radio Canberra our national capital as to whether you know

national capital as to whether you know they should proceed with the arrest or

they should proceed with the arrest or not and we're told to proceed with him

not and we're told to proceed with him so Australia was breaching international

so Australia was breaching international law because it actually hadn't commenced

law because it actually hadn't commenced top pursuit

top pursuit within it here's a picture of the

within it here's a picture of the helicopters above the vessel actually

helicopters above the vessel actually above the vessel yeah and then here's

above the vessel yeah and then here's the naval crew coming on to it I'm just

the naval crew coming on to it I'm just gonna play you so I got really

gonna play you so I got really interested in this case it led to a

interested in this case it led to a whole range of litigation I've got a

whole range of litigation I've got a case study on my web site but I asked

case study on my web site but I asked the Navy for any pictures related to it

the Navy for any pictures related to it and this guy who was happened to be in

and this guy who was happened to be in charge of the press who dealt with my

charge of the press who dealt with my request happened to be one of the

request happened to be one of the officers involved in the whole operation

officers involved in the whole operation and he sent me this video file so this

and he sent me this video file so this is the footage that the sound is

is the footage that the sound is terrible this was taken from the

terrible this was taken from the Australian helicopter after it had

Australian helicopter after it had caught up to the Volga so it's out there

caught up to the Volga so it's out there outside the easy and they are you know

outside the easy and they are you know basically circling it and so they kept

basically circling it and so they kept circling it and the camera caught up so

circling it and the camera caught up so I'm just going to drag it a bit forward

I think I have to play it to be able to drag things through it

so here's the Volga and then when the so when the Canberra caught up so they

when the Canberra caught up so they didn't bought it so there's this

didn't bought it so there's this helicopter circling it they didn't

helicopter circling it they didn't bought it they waited for the camera to

bought it they waited for the camera to catch up why do you think they did that

it's a military helicopter no doubt they're armed well you're a lot less

they're armed well you're a lot less likely to get any opposition when there

likely to get any opposition when there is a naval vessel just in sight as well

is a naval vessel just in sight as well so they basically let the camera catch

so they basically let the camera catch up the helicopter went back to the

up the helicopter went back to the Canberra this is the boarding party

Canberra this is the boarding party being briefed ready to go or just play a

being briefed ready to go or just play a little bit of it and then basically the

little bit of it and then basically the footage cuts to the helicopter with the

footage cuts to the helicopter with the boarding party on it flying across to

boarding party on it flying across to the Volga and then then boarding and

the Volga and then then boarding and they rappel down these ropes cooks

they rappel down these ropes cooks called fast roping and then there's some

called fast roping and then there's some footage on the Volga so this was all

footage on the Volga so this was all just footage that was obviously been

just footage that was obviously been filmed by the Navy for potential use in

filmed by the Navy for potential use in evidence in court cases so here they are

evidence in court cases so here they are all ready to go they're being briefed on

all ready to go they're being briefed on what to do oops here they are going out

what to do oops here they are going out getting on the helicopter

then they fly off so this is now being filmed from the Canberra I just back

filmed from the Canberra I just back this up so here you are helicopters

this up so here you are helicopters above the Volga

above the Volga it stopped basically and they try out a

it stopped basically and they try out a rope and then basically you grab onto

rope and then basically you grab onto gloves it's a big thick rope and they

gloves it's a big thick rope and they just rappel down it but look here you

just rappel down it but look here you notice there's a problem with where he

notice there's a problem with where he is and then he stops and you see like a

is and then he stops and you see like a little arm come out and he sees her can

little arm come out and he sees her can you say down in the ocean over there so

you say down in the ocean over there so they kept the helicopter moves across a

they kept the helicopter moves across a bit and then he keeps going

here's again so here's this is from the warship so you know good to if you're

warship so you know good to if you're going to board a ship in the open sea to

going to board a ship in the open sea to having another naval ship right beside

having another naval ship right beside you then they're sending across another

you then they're sending across another boarding party and that small vessel

there's the crew assembled this is the fast roping so they're getting out sea

fast roping so they're getting out sea grabs on and slides down the rope

and they're looking up at the helicopter now this is this is a naval officer in

now this is this is a naval officer in gray and then the guy in blue is a

officer of the Australian fisheries management Authority so who were

management Authority so who were traveling with the Navy and so basically

traveling with the Navy and so basically they went on to the bridge of the Volga

they went on to the bridge of the Volga and the captain presented them with a

and the captain presented them with a log that they claimed the volga claimed

log that they claimed the volga claimed that they were just passing through the

that they were just passing through the australian fishing zone and they hadn't

australian fishing zone and they hadn't been doing any fishing that it was just

been doing any fishing that it was just innocent passage so you've got a ride of

innocent passage so you've got a ride of innocent passage they claimed they

innocent passage they claimed they weren't fishing and they even presented

weren't fishing and they even presented them with a logbook that showed that

them with a logbook that showed that they hadn't been doing any fishing but

they hadn't been doing any fishing but the navy was able to download their

the navy was able to download their actual electronic records and it showed

actual electronic records and it showed that basically for the two weeks leading

that basically for the two weeks leading up to the arrest they'd been fishing

up to the arrest they'd been fishing extensively all around within the

extensively all around within the australian fishing zone but essentially

australian fishing zone but essentially they had a false log prepared and then

they had a false log prepared and then in terms of their claims that they

in terms of their claims that they weren't

so the Patagonian toothfish was what they're after so basically this is all

they're after so basically this is all what was used in evidence but they went

what was used in evidence but they went down and on the so the ship had claimed

down and on the so the ship had claimed that they they weren't fishing in this

that they they weren't fishing in this trail Ian's fishing zone but they went

trail Ian's fishing zone but they went down and onto the and the decks where

down and onto the and the decks where the lines come in because they put lines

the lines come in because they put lines out with hooks on them and they went

out with hooks on them and they went down and the lines that had all just

down and the lines that had all just been recently pulled up were wet there

been recently pulled up were wet there were fish still attached to them when

were fish still attached to them when they opened the gills the fish still

they opened the gills the fish still bled so the fish were very freshly

bled so the fish were very freshly caught so there was a whole heap of

caught so there was a whole heap of evidence that the vessel had been

evidence that the vessel had been fishing within the Australian fishing

fishing within the Australian fishing zone so even though Australia arrested

zone so even though Australia arrested it unlawfully under unclose yep

it unlawfully under unclose yep [Music]

I think as I understand it the because it was explained in one of the court

it was explained in one of the court judgments about it this background of

judgments about it this background of fact as I understand it like there was a

fact as I understand it like there was a physical paper copy of the logbook but

physical paper copy of the logbook but then there was also the you know like if

then there was also the you know like if the police got your phone and they

the police got your phone and they looked at you know all your search

looked at you know all your search history or something like things that I

history or something like things that I wouldn't even know how to do or delete

wouldn't even know how to do or delete you know they can look back through that

you know they can look back through that history so I think it was just the

history so I think it was just the computer IT people were able to access

computer IT people were able to access things that the Russian crew hadn't you

things that the Russian crew hadn't you know manipulated I think that that was

know manipulated I think that that was it yeah I think questions right of safe

it yeah I think questions right of safe passage or innocent passage

yes oh the right of innocent passage is one of the important sort of protections

one of the important sort of protections are under our own clothes so yeah

are under our own clothes so yeah vessels consolidate in like to the

vessels consolidate in like to the contiguous zone in terms of the right to

contiguous zone in terms of the right to board for checking customs and those

board for checking customs and those sorts of things that's when you get you

sorts of things that's when you get you know they can be boarded to check for

know they can be boarded to check for those sorts of things but yeah if a

those sorts of things but yeah if a vessel is simply sailing through your

vessel is simply sailing through your waters you're generally required to let

waters you're generally required to let it go so well you can board it to check

it go so well you can board it to check if you have a right to go in and

if you have a right to go in and inspected but if they're not doing

inspected but if they're not doing anything wrong then you just let them go

anything wrong then you just let them go yeah but here they weren't it wasn't

yeah but here they weren't it wasn't innocent so they put a Australian crew

innocent so they put a Australian crew on it they arrested the crew and they

on it they arrested the crew and they took them back to they sailed back -

yeah these are some of the fishing lines and the like this is the vessels getting

and the like this is the vessels getting back to Perth anyway so a bit of footage

back to Perth anyway so a bit of footage a real arrest and what I really want to

a real arrest and what I really want to emphasize is the difficulty of enforcing

emphasize is the difficulty of enforcing fisheries laws in remote areas is really

fisheries laws in remote areas is really it's really hard

it's really hard and so that's within a national easy but

and so that's within a national easy but in a remote area if they're outside that

in a remote area if they're outside that then they wouldn't they would have been

then they wouldn't they would have been just subject to you know the laws of

just subject to you know the laws of their flag which was Russia so Russia

their flag which was Russia so Russia challenged Australia because Australia

challenged Australia because Australia arrested the vessels and then refused to

arrested the vessels and then refused to let them go and Russia brought an action

let them go and Russia brought an action first well there was an litigation in

first well there was an litigation in the federal court of Australia about the

the federal court of Australia about the forfeiture of the vessels and then also

forfeiture of the vessels and then also won in it lost the International

won in it lost the International Tribunal for the law of the sea which

Tribunal for the law of the sea which Russia won but yeah don't need to go

Russia won but yeah don't need to go into the details of it but that's an

into the details of it but that's an example it's a case that in my website

example it's a case that in my website if you want to go and have a look at

if you want to go and have a look at them but International Tribunal for the

them but International Tribunal for the law of the sea is another international

law of the sea is another international Tribune

Tribune created under own cloths and here's that

created under own cloths and here's that Court

Court so yeah the it lost judgment in the

so yeah the it lost judgment in the Volker case so yeah

Volker case so yeah uncocks provides strong protections

uncocks provides strong protections within the easy Ed's but outside of ease

within the easy Ed's but outside of ease and the high seas it's really weak and

and the high seas it's really weak and just as an example of that so we were

just as an example of that so we were looking a moment ago at the long and

looking a moment ago at the long and detailed provisions for fishing controls

detailed provisions for fishing controls within the EZ if you go to the high seas

within the EZ if you go to the high seas provisions it basically is almost blank

provisions it basically is almost blank it's not quite you know there's article

it's not quite you know there's article 86 but it's yeah freedom of the it's

86 but it's yeah freedom of the it's basically about freedom of the high seas

basically about freedom of the high seas not really about control so on the high

not really about control so on the high seas generally vessels are subject to

seas generally vessels are subject to control of the country that they're

control of the country that they're registered in the flagged the flag state

registered in the flagged the flag state so conservation and management is really

so conservation and management is really hard there's basically a right to use

hard there's basically a right to use the high seas there's been many pushes

the high seas there's been many pushes to try and improve and have a you know

to try and improve and have a you know another version of own cluster deals

another version of own cluster deals with fishing on the high seas this was

with fishing on the high seas this was just a little bit from a few years ago

just a little bit from a few years ago about Preparatory Committee established

about Preparatory Committee established by the UN General Assembly to look at

by the UN General Assembly to look at the development of an int international

the development of an int international legally binding instrument under our own

legally binding instrument under our own cloths on the conservation and

cloths on the conservation and sustainable use of marine biological

sustainable use of marine biological diversity of areas beyond national

diversity of areas beyond national jurisdiction that is on the high seas

jurisdiction that is on the high seas that's still you know being pushed along

that's still you know being pushed along but there's many countries that don't

but there's many countries that don't want that so you know if you

want that so you know if you I suspect particularly China because

I suspect particularly China because essentially it's exploiting those

essentially it's exploiting those resources and doesn't want controls on

resources and doesn't want controls on it so yeah

and what I won't go into the details of Port State they're sort of things I want

Port State they're sort of things I want to turn then to look at an example of

to turn then to look at an example of fisheries management on the high seas I

fisheries management on the high seas I notice it's three o'clock do you want to

notice it's three o'clock do you want to take a five-minute break it up and

take a five-minute break it up and stretch your legs there's probably about

stretch your legs there's probably about 20 minutes on conservation of southern

20 minutes on conservation of southern bluefin tuna and then I think we'll

bluefin tuna and then I think we'll finish earlier this afternoon so I don't

finish earlier this afternoon so I don't want to go any further than really just

want to go any further than really just to give you an overview of these

to give you an overview of these important topics but it's I think also

important topics but it's I think also good to take a break so shall we say bye

good to take a break so shall we say bye my watch it's five past should we take

my watch it's five past should we take ten minutes and come back at quarter

ten minutes and come back at quarter past

so welcome back to our lecture on own class before the break we were talking

class before the break we were talking about fisheries and I wanted to make the

about fisheries and I wanted to make the point that hunk loss is strong within

point that hunk loss is strong within maritime zones but outside on the high

maritime zones but outside on the high seas it's it's really weak I wanted to

seas it's it's really weak I wanted to look at a couple of examples

look at a couple of examples particularly this one of agreed high sea

particularly this one of agreed high sea fisheries regimes outside of unclose so

fisheries regimes outside of unclose so there's many sort of regional or

there's many sort of regional or fisheries specific agreements like this

fisheries specific agreements like this the Convention on the conservation of

the Convention on the conservation of the southern bluefin tuna 1994 is the

the southern bluefin tuna 1994 is the convention that I wanted to look at and

convention that I wanted to look at and particularly its imper ticularly

particularly its imper ticularly significant for Australia in Japan

significant for Australia in Japan because they're the two countries that

because they're the two countries that mainly fish for southern bluefin tuna so

mainly fish for southern bluefin tuna so this is a southern bluefin tuna or many

this is a southern bluefin tuna or many of them in a school they're an amazing

of them in a school they're an amazing fish incredible predator swim very fast

fish incredible predator swim very fast they're distributed basically in the

they're distributed basically in the southern ocean hence the name the

southern ocean hence the name the southern bluefin tuna and they spawn

southern bluefin tuna and they spawn between Western Australia and Indonesia

between Western Australia and Indonesia so you can see on that map the spawning

so you can see on that map the spawning grounds that's for the entire global

grounds that's for the entire global population that's where they spawn then

population that's where they spawn then the young southern bluefin tuna move

the young southern bluefin tuna move away from the spawning grounds and

away from the spawning grounds and follow the currents down the west coast

follow the currents down the west coast of Australia and then they'll often

of Australia and then they'll often basically move along the southern coast

basically move along the southern coast of Australia so and all the southern

of Australia so and all the southern bluefin tuna move away and out of the

bluefin tuna move away and out of the Australian fishing zone so you can see

Australian fishing zone so you can see them moving through the Australian

them moving through the Australian fishing zone there so they were caught a

fishing zone there so they were caught a lot with poles and sorry long lines and

lot with poles and sorry long lines and then a method that's been developed in

then a method that's been developed in recent decades is to basically run a net

recent decades is to basically run a net around a school of tuna trap them and

around a school of tuna trap them and then take the net back and put it in a

then take the net back and put it in a secluded Bay like this and basically

secluded Bay like this and basically feed them up within the net and then

feed them up within the net and then when they're big enough and fat enough

when they're big enough and fat enough you then harvest them and you might have

you then harvest them and you might have seen some stories about those sorts of

seen some stories about those sorts of nets a they cause you know the

nets a they cause you know the significant issues with

significant issues with in aquaculture in those sorts of areas

in aquaculture in those sorts of areas but other thing is sharks really like to

but other thing is sharks really like to because if the shark can get in there

because if the shark can get in there then it's you know it's a great feeding

then it's you know it's a great feeding feeding time you've got all of these big

feeding time you've got all of these big fish they're trapped so anyway when the

fish they're trapped so anyway when the fish are killed the biggest market in

fish are killed the biggest market in the world is undoubtedly Japan so here's

the world is undoubtedly Japan so here's tuna that obviously been frozen and

tuna that obviously been frozen and gutted gutted and then frozen and

gutted gutted and then frozen and they're incredibly expensive so this is

they're incredibly expensive so this is from 2013 the owner of a popular sushi

from 2013 the owner of a popular sushi restaurant chain paid a then-record

restaurant chain paid a then-record price of 155 million yen 1.7 million

price of 155 million yen 1.7 million Australian dollars for a well that's

Australian dollars for a well that's seven thousand six hundred dollars a

seven thousand six hundred dollars a kilogram for a two hundred and twenty

kilogram for a two hundred and twenty eight kilogram bluefin tuna at this

eight kilogram bluefin tuna at this wholesale fish market apparently at the

wholesale fish market apparently at the first sale of the year or something

first sale of the year or something there's a lot of prestige around being

there's a lot of prestige around being the the so it's like a PR exercise to

the the so it's like a PR exercise to bid for these outrageous prices so tuna

bid for these outrageous prices so tuna don't normally sell for that it's it's

don't normally sell for that it's it's just a PR stunt at the beginning of the

just a PR stunt at the beginning of the markets so and then this was another

markets so and then this was another picture from last year of the same

picture from last year of the same fellow with that sushi samurai

fellow with that sushi samurai restaurant chain preparing to cut a 278

restaurant chain preparing to cut a 278 Killa kilogram bluefin tuna that was

Killa kilogram bluefin tuna that was bought for a new record of three hundred

bought for a new record of three hundred and thirty three point six million yen

and thirty three point six million yen or four point three million dollars for

or four point three million dollars for a fish I mean it is a big this is a big

a fish I mean it is a big this is a big fish perhaps a lot of money for a fish

fish perhaps a lot of money for a fish so and unsurprisingly with the huge

so and unsurprisingly with the huge fishing effort the biomass of southern

fishing effort the biomass of southern bluefin tuna has declined since the

bluefin tuna has declined since the 1960's to about ten percent now of what

1960's to about ten percent now of what it originally was so here is a graph

it originally was so here is a graph which I took from a scientific report

which I took from a scientific report from the Secretariat's website the

from the Secretariat's website the reports from the seventh of September

reports from the seventh of September this year and it shows reported southern

this year and it shows reported southern bluefin tuna

bluefin tuna which is by flag from 1952 to 2018 so

which is by flag from 1952 to 2018 so I'm sure the original version is in

I'm sure the original version is in color but for some reason when they put

color but for some reason when they put it in the report on their online but

it in the report on their online but Japan is the shown there in Australia

Japan is the shown there in Australia and then there's a range of other

and then there's a range of other countries but they're negligible its

countries but they're negligible its Japan and Australia or the two biggest

Japan and Australia or the two biggest fishing countries and you can see there

fishing countries and you can see there was huge fishing by Japan Japanese fleet

was huge fishing by Japan Japanese fleet in the 60s particularly and then the

in the 60s particularly and then the fish stock collapsed in the 80s to the

fish stock collapsed in the 80s to the point in the nineties winner is down to

point in the nineties winner is down to about 20 percent or ten percent I think

about 20 percent or ten percent I think so here's reports on the catches so they

so here's reports on the catches so they move around through the Southern Ocean

move around through the Southern Ocean in different years and routinely you'll

in different years and routinely you'll see news reports that when the the

parties would meet each year to decide an annual quotas it was often reported

an annual quotas it was often reported in the Australian news because it was a

in the Australian news because it was a significant fishery for Australia when

significant fishery for Australia when the fights over it because the huge

the fights over it because the huge problem facing the parties toward is how

problem facing the parties toward is how much catch should they allow and how

much catch should they allow and how they should allocate the allowable catch

they should allocate the allowable catch so the object of the so you know let's

so the object of the so you know let's skip over the preamble we've got a

skip over the preamble we've got a problem this is an important fishery and

problem this is an important fishery and it's in danger of collapsing then some

it's in danger of collapsing then some of the obligations article three the

of the obligations article three the object of the convention is to ensure

object of the convention is to ensure through appropriate management the

through appropriate management the conservation optimum utilization of the

conservation optimum utilization of the southern bluefin tuna and then article

southern bluefin tuna and then article six the parties establish agree sorry

six the parties establish agree sorry established and agreed to maintain the

established and agreed to maintain the Commission for the conservation of the

Commission for the conservation of the southern bluefin tuna here and after

southern bluefin tuna here and after called the Commission so that's

called the Commission so that's effectively the meaning of the parties

effectively the meaning of the parties they come together they each have one

they come together they each have one vote each party shall have one vote in

vote each party shall have one vote in the Commission decisions of the

the Commission decisions of the Commission shall be taken to by

Commission shall be taken to by unanimous vote or the parties present at

unanimous vote or the parties present at the Commission meeting so a conference

the Commission meeting so a conference of the parties yeah but a different name

of the parties yeah but a different name for it article 8 for the conservation

for it article 8 for the conservation management and optimum utilization in

management and optimum utilization in the southern bluefin tuna the Commission

the southern bluefin tuna the Commission shall decide upon the total allowable

shall decide upon the total allowable catch

catch allocated between the parties so you can

allocated between the parties so you can go onto their website really interesting

go onto their website really interesting website with a lot of background -

website with a lot of background - southern bluefin tuna the scientific

southern bluefin tuna the scientific reports are posted there so huge amount

reports are posted there so huge amount of information if you're interested in

of information if you're interested in fisheries and this is some of the things

fisheries and this is some of the things you'll find in the report so here's a

you'll find in the report so here's a graph showing the spawning biomass in

graph showing the spawning biomass in thousands of tonnes and basically the

thousands of tonnes and basically the collapse in the 60s and 70s and 80s down

collapse in the 60s and 70s and 80s down to around about 10% of the original

to around about 10% of the original biomass so here's so they model

biomass so here's so they model depending on this was essentially a

depending on this was essentially a model based on it was so the model was

model based on it was so the model was done in 2009 okay so you've got the

done in 2009 okay so you've got the orange line showing the actual spawning

orange line showing the actual spawning stock biomass in thousands of tons and

stock biomass in thousands of tons and the the Mt doesn't stand for millions of

the the Mt doesn't stand for millions of tons I think it stands for metric tons

tons I think it stands for metric tons so just I just ignore the EM it's just a

so just I just ignore the EM it's just a ton so yeah Mt or MT is aus radiation

ton so yeah Mt or MT is aus radiation for metric ton and alternative term

for metric ton and alternative term photon a measurement of equal mass to

photon a measurement of equal mass to one thousand kilograms so because I

one thousand kilograms so because I remember looking at and going

remember looking at and going million tons because I did I would

million tons because I did I would normally interpret empty as million

normally interpret empty as million tonnes I think that's a lot of fish but

tonnes I think that's a lot of fish but it's not it's just tons anyway

it's not it's just tons anyway this model was done in 2009 and you can

this model was done in 2009 and you can see the black line here

so this one is if you basically said no more caches so zero allowable total

more caches so zero allowable total allowable catch if you did that then you

allowable catch if you did that then you would expect the population to recover

would expect the population to recover quite quickly so by 2030 you know the

quite quickly so by 2030 you know the population would have gone from 50,000

population would have gone from 50,000 tons to 300,000 tons so rapid relatively

tons to 300,000 tons so rapid relatively rapid recovery then the alternative

rapid recovery then the alternative modeled scenario is a catch of 15,000

modeled scenario is a catch of 15,000 tons fifteen thousand eight hundred and

tons fifteen thousand eight hundred and ten and if you went to that level that

ten and if you went to that level that basically the you would wipe them out by

basically the you would wipe them out by about 15 years and obviously if you went

about 15 years and obviously if you went higher than that there could be a more

higher than that there could be a more rapid wiping out and in in between that

rapid wiping out and in in between that depending on the amount that you catch

depending on the amount that you catch the population will either continue to

the population will either continue to decline or be relatively stable or just

decline or be relatively stable or just start to recover so can anyone guess in

start to recover so can anyone guess in that year what they set as the total

that year what they set as the total allowable catch so this is the countries

allowable catch so this is the countries trying to agree and this very very

trying to agree and this very very lucrative fishery what do you think they

lucrative fishery what do you think they agreed would be the total allowable

agreed would be the total allowable catch based on these models

it was basically in the middle about eleven thousand which is just one of

eleven thousand which is just one of these just slightly recovering but very

these just slightly recovering but very slowly pretty well status quo so we're

slowly pretty well status quo so we're going to keep it at about ten percent

going to keep it at about ten percent because we can't agrees and not be

because we can't agrees and not be greedy or we can't agree to just leave

greedy or we can't agree to just leave it for a few years to recover we're

it for a few years to recover we're going to have them like hat let's have a

going to have them like hat let's have a moratorium for five years and just see

moratorium for five years and just see if the stocks recover that might be a

if the stocks recover that might be a sensible with in fact that would be a

sensible with in fact that would be a very sensible and fisheries management

very sensible and fisheries management from a precautionary approach because

from a precautionary approach because obviously these models that you know

obviously these models that you know they've done on the best available

they've done on the best available science but they can be wrong so you've

science but they can be wrong so you've still might get a collapse anyway in

still might get a collapse anyway in that so in that this was the allocated

that so in that this was the allocated catch sorry the 2009 meeting was the

allocated catch actually I might have been wrong with eleven thousand nominal

been wrong with eleven thousand nominal catch allocated catch was about nine

catch allocated catch was about nine thousand six hundred so let's go back

thousand six hundred so let's go back nine thousand so that's a green one okay

nine thousand so that's a green one okay so it's not quite as bad but they

so it's not quite as bad but they certainly didn't go to zero but you can

certainly didn't go to zero but you can see how they're allocating the catch

see how they're allocating the catch based on the science and they're trying

based on the science and they're trying to get a recovery and yeah so basically

to get a recovery and yeah so basically optimum utilization catch limits they

optimum utilization catch limits they allocate it and then I looked at it just

allocate it and then I looked at it just last night just to update for for us and

last night just to update for for us and the most recent as it last night

the most recent as it last night the total catch has been slightly

the total catch has been slightly increased so from 2015 it was twelve

increased so from 2015 it was twelve thousand tons fourteen thousand tons in

thousand tons fourteen thousand tons in 2016 and then 2018 or seventeen thousand

2016 and then 2018 or seventeen thousand tons so they're slowly increasing the

tons so they're slowly increasing the catch

catch so there's similar issues for other tuna

so there's similar issues for other tuna fisheries so the Pacific tuna stocks

fisheries so the Pacific tuna stocks have been reported to be on the brink of

have been reported to be on the brink of disaster

disaster so there's this fantastic show called

so there's this fantastic show called Palau take the

Palau take the long line is anyone been to Palau is

long line is anyone been to Palau is lucky enough so pull hours of mating

lucky enough so pull hours of mating country east of Japan and Korea island

country east of Japan and Korea island country anyway this report was an ABC

country anyway this report was an ABC it's available in ABC IV you can go into

it's available in ABC IV you can go into the link if you want it was a really

the link if you want it was a really interesting report about this was an

interesting report about this was an interview with the President of Palau at

interview with the President of Palau at the time and he said Palau was so

the time and he said Palau was so fragile and so beautiful you just have

fragile and so beautiful you just have to take the responsible action and

to take the responsible action and minimize the risk that would destroy all

minimize the risk that would destroy all of this for our children and our future

of this for our children and our future children so and the essence there of

children so and the essence there of sustainable development put the

sustainable development put the precautionary approach intergenerational

precautionary approach intergenerational equity all wrapped up in that statement

equity all wrapped up in that statement and in the documentary it explained how

and in the documentary it explained how the Australian Government had donated a

the Australian Government had donated a patrol boat to Palau to assist it with

patrol boat to Palau to assist it with basically fisheries management because

basically fisheries management because Palau was being hammered by illegal

Palau was being hammered by illegal fishing particularly from Korean vessels

fishing particularly from Korean vessels as I understand it possibly Chinese as

as I understand it possibly Chinese as well but high-tech vessels that are

well but high-tech vessels that are coming in with high speed you know

coming in with high speed you know really good sonar

really good sonar really good equipment and Fisheries you

really good equipment and Fisheries you know Fisheries technology is continuing

know Fisheries technology is continuing to increase and so these high speed

to increase and so these high speed vessels come in Australia donated a

vessels come in Australia donated a patrol vessel to them it had an

patrol vessel to them it had an Australian captain and then it also had

Australian captain and then it also had crew members from Palau on it but

crew members from Palau on it but essentially this was one of the images

essentially this was one of the images that showed in the documentary with

that showed in the documentary with Palau Islands there and then it showed

Palau Islands there and then it showed essentially they could they could see

essentially they could they could see all these vessels but as soon as the

all these vessels but as soon as the patrol boat went out of port there'll be

patrol boat went out of port there'll be people on the phone saying hey the

people on the phone saying hey the patrol boats coming out you better

patrol boats coming out you better skedaddle and all of the vessels would

skedaddle and all of the vessels would just basically move away from it so they

just basically move away from it so they could never catch it well I said never

could never catch it well I said never but basically the vessels would just all

but basically the vessels would just all move out of the easy edge so they

move out of the easy edge so they couldn't be arrested by pull out the

couldn't be arrested by pull out the Palau vessel so this small Pacific

Palau vessel so this small Pacific country basically was

country basically was this onslaught from illegal fishing and

this onslaught from illegal fishing and it basically couldn't regulate it so the

it basically couldn't regulate it so the convention for the conservation and

convention for the conservation and management of highly migratory fish

management of highly migratory fish stocks in the Western and Central

stocks in the Western and Central Pacific Ocean mm that was in that

Pacific Ocean mm that was in that particular program that were talking

particular program that were talking about that and the need to improve it

about that and the need to improve it and that's a map of the area that's

and that's a map of the area that's covered by it so all of that so Palau

covered by it so all of that so Palau use that's below I think I thought it

use that's below I think I thought it was higher than that but to pull out

it's that's what its marked is on the map anyway I thought it's a little bit

map anyway I thought it's a little bit higher than that more east of Japan but

higher than that more east of Japan but yeah that's the convention area and all

yeah that's the convention area and all of these small Pacific countries are all

of these small Pacific countries are all facing those same sorts of tremendous

facing those same sorts of tremendous challenges from really high-tech vessels

challenges from really high-tech vessels coming from you know China South Korea

coming from you know China South Korea Malaysia and coming across and basically

Malaysia and coming across and basically fishing in their YZ Ed's and they're

fishing in their YZ Ed's and they're unable to regulate them so unclose gives

unable to regulate them so unclose gives them the power to regulate but then

them the power to regulate but then you've actually got to enforce those

you've actually got to enforce those laws and the high-tech nature of the

laws and the high-tech nature of the illegal fishing activity makes it

illegal fishing activity makes it incredibly difficult even just

incredibly difficult even just prohibitively expensive for those

prohibitively expensive for those countries so yeah I don't need to go

countries so yeah I don't need to go into that convention you get the idea

into that convention you get the idea there's close relationship with between

there's close relationship with between those sorts of conventions and cloths

those sorts of conventions and cloths and and others like the Western

and and others like the Western conservation in Pacific you know they're

conservation in Pacific you know they're interrelated but yeah

I've probably talked about this topic already but I just wanted to perch on it

already but I just wanted to perch on it for a moment so managing fisheries both

for a moment so managing fisheries both inside and outside of national waters on

inside and outside of national waters on the high seas is hard even inside your

the high seas is hard even inside your national waters it still typically

national waters it still typically remote areas you know even though you

remote areas you know even though you might be able to see of us along the

might be able to see of us along the radar you actually physically got to get

radar you actually physically got to get another vessel there to arrest them

another vessel there to arrest them that's expensive and you know if they're

that's expensive and you know if they're equipped with radar as well they just

equipped with radar as well they just move away so they come just inside your

move away so they come just inside your national waters fish and then skedaddle

national waters fish and then skedaddle back across outside you easier before

back across outside you easier before you can get there so and then outside of

you can get there so and then outside of national waters and the high seas it

national waters and the high seas it even gets harder because you can't

even gets harder because you can't regulate them you know and so they can

regulate them you know and so they can just basically have a flag of

just basically have a flag of convenience so a country that so flag of

convenience so a country that so flag of convenience is the common term used for

convenience is the common term used for countries that basically will register a

countries that basically will register a vessel and then have very low standards

vessel and then have very low standards for either wages and staff conditions as

for either wages and staff conditions as well as environmental standards so the

well as environmental standards so the big one where the vast bulk of ships are

big one where the vast bulk of ships are registered now is Panama and it's

registered now is Panama and it's because it's so much cheaper to have a

because it's so much cheaper to have a vessel registered in Panama because you

vessel registered in Panama because you don't then have to meet the wages and

don't then have to meet the wages and standards required for staff if you're

standards required for staff if you're registered in the US for instance it's

registered in the US for instance it's really expensive to basically pay your

really expensive to basically pay your crew so having the same vessel

crew so having the same vessel registered in Panama is a lot cheaper to

registered in Panama is a lot cheaper to operate it so those flags of convenience

operate it so those flags of convenience same for fisheries much lower standards

same for fisheries much lower standards so it's really hard to manage those

so it's really hard to manage those things and there's no simple answer for

things and there's no simple answer for it

it so yeah that was that foreign

so yeah that was that foreign correspondent your thoughts and that is

correspondent your thoughts and that is anyone worked in fisheries

so I suppose the key thing I want to keep hammering home is there's you know

keep hammering home is there's you know there's this gap between what might be

there's this gap between what might be said on paper in terms of one class that

said on paper in terms of one class that you know you've got a right to manage it

you know you've got a right to manage it you've then actually got to implement it

you've then actually got to implement it on the ground and there are all of these

on the ground and there are all of these practical difficulties with implementing

practical difficulties with implementing it on the ground or in the ocean to

it on the ground or in the ocean to achieve you know man it you know good

achieve you know man it you know good sound management of resources and you

sound management of resources and you know there's gaps in the international

know there's gaps in the international regime like the huge gap for high seas

regime like the huge gap for high seas fisheries but even in the areas that are

fisheries but even in the areas that are relatively comprehensively addressed

relatively comprehensively addressed like management within maritime zones

like management within maritime zones it's still really hard and expensive and

it's still really hard and expensive and difficult so let's wrap up on unclose so

difficult so let's wrap up on unclose so unclose it's such an important regime I

unclose it's such an important regime I really want you to be aware of the key

really want you to be aware of the key maritime zones and the exclusive

maritime zones and the exclusive economic zone 200 nautical miles

economic zone 200 nautical miles countries can control fisheries within

countries can control fisheries within that zone really really important the

that zone really really important the other aspects we dealt with aren't as

other aspects we dealt with aren't as important as that that's the main one I

important as that that's the main one I really want you to be aware of and then

really want you to be aware of and then I've just looked at a couple of other

I've just looked at a couple of other conventions on southern bluefin tuna and

conventions on southern bluefin tuna and the like to talk about some of the other

the like to talk about some of the other regimes dealing with fisheries but it's

regimes dealing with fisheries but it's a very very difficult area we face

a very very difficult area we face globally we face incredible pressure on

globally we face incredible pressure on fishing stocks there isn't a effective

fishing stocks there isn't a effective regime in place at the moment and it's

regime in place at the moment and it's it's hard to see how we will get one in

it's hard to see how we will get one in place because we still face the same

place because we still face the same problem that was faced back in the

problem that was faced back in the Bering fur seal arbitration where those

Bering fur seal arbitration where those countries you know they they agreed on a

countries you know they they agreed on a stronger regime but then the vessels

stronger regime but then the vessels just left and went to be registered in

just left and went to be registered in another country so any comprehensive

another country so any comprehensive regime that we agree globally would

regime that we agree globally would still face the problem of the lay guards

still face the problem of the lay guards the countries that didn't join up and

the countries that didn't join up and then you know fishing vessels going and

then you know fishing vessels going and during with them and then it's really

during with them and then it's really difficult to enforce the regime against

difficult to enforce the regime against those countries so very hard okay in

those countries so very hard okay in summary key points international law of

summary key points international law of the sea has evolved significantly over

the sea has evolved significantly over the past century and it's important to

the past century and it's important to understand this background unlost is a

understand this background unlost is a very important framework establishing

very important framework establishing national jurisdiction over adjacent

national jurisdiction over adjacent maritime zones but they're important

maritime zones but they're important ongoing disputes in some areas linked to

ongoing disputes in some areas linked to control the resources such as the

control the resources such as the Senkaku Islands of the South China Sea

Senkaku Islands of the South China Sea third coastal states can control

third coastal states can control fisheries and resources extractions

fisheries and resources extractions within their easy and this is a

within their easy and this is a particularly important zone fourth

particularly important zone fourth enforcement of fisheries laws remains

enforcement of fisheries laws remains difficult particularly in remote areas

difficult particularly in remote areas and fifth management of Fisheries

and fifth management of Fisheries outside of national waters on the high

outside of national waters on the high seas remains very difficult and there

seas remains very difficult and there are many international conventions

are many international conventions dealing with specific fisheries such as

dealing with specific fisheries such as the Convention on the conservation and

the Convention on the conservation and the southern bluefin tuna okay in terms

the southern bluefin tuna okay in terms of further reading that Palau

of further reading that Palau documentary I'll put the link up on the

documentary I'll put the link up on the website I found it really interesting

website I found it really interesting and if you're interested in sort of the

and if you're interested in sort of the pressures facing South Pacific that's a

pressures facing South Pacific that's a great documentary to watch still very

great documentary to watch still very relevant

relevant there's the unclose homepage the

there's the unclose homepage the southern bluefin tuna website is also

southern bluefin tuna website is also filled with information okay so that's

filled with information okay so that's uncross

uncross does anyone have any questions shall we

does anyone have any questions shall we take so we took a break why don't we

take so we took a break why don't we take a five-minute break and we'll start

take a five-minute break and we'll start I'll come back at quarter to and we'll

I'll come back at quarter to and we'll dive into so we're moving from more

dive into so we're moving from more content to looking at a workshop on

content to looking at a workshop on policy recommendations and talking about

policy recommendations and talking about frameworks for you to think about so we

frameworks for you to think about so we take five minutes okay so let's come

take five minutes okay so let's come back a little bit more than five minutes

back a little bit more than five minutes a quarter to four and I'm expecting that

a quarter to four and I'm expecting that will then leave you know before five

will then leave you know before five o'clock for from that workshop call

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YouTube Transcript:Lecture 6 (2019) - UNCLOS