The Philippines

Strengthening Capacity in Ocean Governance

“…For example, the new Agreement on Fisheries Subsidies30 has been developed after a long period of consultation between the wto and the fao;31 its implementation in disciplining certain prohibited subsidies will draw on principles from the fao's International Plan of Action on Illegal, Unreported and Unregulated Fishing. 32 In another example of law-making, the negotiations on 12 marine biological diversity of areas beyond national jurisdiction (bbnj) have been careful to ensure that a new agreement will "not undermine relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies".33 Proposals for area-based management tools, including marine protected areas, will necessitate consultations with such bodies.34 In another example where law-making is proposed, marine plastic pollution requires rethinking of plastic production, consumption and waste treatment and management, in a field without an established organizational home. 35 The wto, unep, unctad, oecd, the World Bank and the World Customs Organization are just a few of the organizations working in this area.36 Finally, the listing of threatened marine species on the appendix of cites, a vital tool to restrict trade that exacerbates rising numbers of extinctions, is coordinated with expert assessment from the fao.37 While collaboration and coordination between international organizations is not always sufficient to make needed changes, it is necessary: indeed, in contrast to the case-law resolution of conflicting norms that remains a dominant topic of studies of international law's fragmentation, "operational interactions can generate impressive substantive initiatives and outcomes in ways that international litigation cannot".38 Before turning to the focus of this article on training and capacity building in ocean governance, it is useful to situate the interaction between regimes within the conceptual foundations of international law.…”