Michelle Scobie, LLb, LEC, PhD Institute of International Relations University of the West Indies, St. Augustine

Michelle Scobie, LLb, LEC, PhD Institute of International Relations University of the West Indies, St. Augustine

The Caribbean- A sensitive ecosystem International environmental law and the Caribbean Sea Customary International Environmental Law and the Protection of the Caribbean Sea International environmental treaty law and the Caribbean Sea Regional Implementation Agency Caribbean Foreign Policy on Regional Environmental Issues

The Caribbean- A sensitive ecosystem Intensity of Maritime Traffic

People- 116 million Coastline- 55,383 km of Second largest Sea -2.5 million square kilometers Complex political grid 22 independent states including 18 SIDS and the US, UK, France and the Netherlands Dependency on Tourism Depletion of Fish Stocks Annual Hurricanes Etc

Sources: Article 38 (1) of statute of the International Court of Justice Complexity of International Environmental Law- Multiple forums Multiple sources of law Incorporation into national legislation Are states bound? Dualist vs Monist states Cross referencing

UN 1972 Stockholm Conference on the Environment 1982 the UN General Assembly adopted the World Charter for Nature Rio Declaration on Environment and Development and the accompanying Agenda 21 (Plan of Implementation)

UN 1972 Stockholm Conference on the Environment 1982 the UN General Assembly adopted the World Charter for Nature Relevant for the Caribbean Sea are the principles 2 to 4, 2. The genetic viability on the earth shall not be compromised; the population levels of all life forms, wild and domesticated, must be at least sufficient for their survival, and to this end necessary habitats shall be safeguarded. 3. All areas of the earth, both land and sea, shall be subject to these principles of conservation; special protection shall be given to unique areas, to representative samples of all the different types of ecosystems and to the habitats of rare or endangered species.

1983 UN Convention on the Law of the Sea Cartagena Convention for the Protection and Development of the Marine Environment in the Wider Caribbean Region of 1983 and its Protocols Conventions accorded under the ambit of the International Maritime Organization (IMO) prevention of marine pollution liability and compensation for pollution damage

Part XII of UNCLOS - the obligation to protect and preserve the marine environment (Article 192). Articles 194-196- requires states to take individually and jointly- appropriate measures to prevent, reduce and control pollution of the marine environment from any source- be it from land based sources, pollution from vessels or from installations and devices for operations at sea, on the sea-bed and subsoil

ANNEXES to MARPOL Annex I Regulations for the Prevention of Pollution by Oil (October 1983) Annex II Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk (April 1987) Annex III Regulations for the Prevention of Pollution by Harmful Substances Carried at Sea in Packaged Form (July 1992) Annex Regulations for the Prevention of Pollution by Sewage IV from Ships (September 2003) Annex V Regulations for the Control of Pollution by Garbage from Ships (December 1998) Annex Regulations for the Prevention of Air Pollution from Ships VI (May 2005)

Entered into force Protocol 1986 together with Protocol Concerning Co-operation in the Convention Combating Oil Spills in the Wider Caribbean Region 1990 Protocol Concerning Specially Protected Areas and Wildlife (SPAW) in the Wider Caribbean Region 2010 Protocol Concerning Pollution from Land-Based Sources and Activities

Rio 15- precautionary principle recognized Rio 27- duty to cooperate

Regional governance options Monitoring- regional coast guard? Limiting use of sea/ permits Penalties for pollution Financing- Ecological tax on the commons

Merits- User pays/polluter Pays user pays principle- FAO/EU Airspace Factor environment into transport costs for sea vessels Risk, frequency, profits Proof of causality

Agency issues PPP- UNGA Report of the Joint Inspection Unit on Private Sector Involvement and Cooperation with the United Nations System 2000 and the UN Commission on Sustainable Development Partnerships for Sustainable Development: Report of the Secretary- General 2004 Good Governance prerequisites Effective, transparent, equitable accountable Participatory: oil companies, cruise liners, hotels, industry, global corporations involved in maritime shipping

Procure ratification of key conventions Decisions that include science, economics as well as political considerations Challenge- domestic vs international considerations

Alons referring to Katzenstein (1985) and Olsen and Zeckhauser (1996) posits, Due to their capabilities, great powers are generally considered to have relatively large room for maneuver within the international system, as a result of which they can afford to prioritize domestic concerns (cf. Katzenstein 1985). Small powers are either able to free ride or carry out their domestically preferred policies without fear of great power intervention, as they pose no significant threat to the latter s relative power position (2007, 211).

Trends in Foreign policy- US/UK Centric Multipolar World- South-South Relations Small states misguided sense of sovereignty Westminster system in Islands- government s ability to coordinate foreign policy Centralised power Government and parliament dynamics Interest mediation

LEGAL ISSUES Treaty Law Customary international Law Competing rights- Of passage, of coastal states, of future generations AGENCY AND GOVERNANCE Best model suited for small states Caribbean Sea Commission Good governance with regional/domestic challenges Sovereignty, limited resources et