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United Nations Department of Economic and Social Affairs Sustainable Development

Legal Rights for Our Ocean

(
Non-governmental organization (NGO)
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#OceanAction41233
    Description
    Description
    We have skirted our responsibility to ensure 70% of the planet thrives alongside the human race. Though the ocean is the source of life and has its own limitations and intrinsic worth, we continue to treat marine species and ecosystems as endless resources. Over a century since the first marine protected area was created, approximately only 3 percent of the ocean has been put aside to provide for protection and restoration of marine species and their habitat.

    Earth Law Center is committed to supporting the establishment and enforcement of marine protected areas, by promoting laws and policies that grant those marine ecosystems legal rights. In particular, ELC strives to ensure 5 marine protected areas are granted legal rights by 2022.
    Codifying legal rights for the ocean into our laws and policies:
    Ensures that we create a sustainable relationship with the ocean, and manage our activities as it pertains to the health of the whole system;
    Allows lawsuits to be filed on behalf of the respective marine species or ecosystems themselves when they are unduly harmed;
    Creates guardian and management boards responsible for protecting the oceans rights;
    Prevents degradation and encourages more proactive and restorative activities; and
    Adopts a precautionary approach in decisions that may affect the health/rights of the ocean.

    Rather than asking ourselves how many fish we can take out of the system to achieve a profit, we would ask ourselves how much fish does the ecosystem require to remain healthy and exhibit normal form and function, for the benefit of all species, including humans, now and into the future.
    The recognition and protection of the inherent rights of the ocean will advance SDG Goal 14, including targets 14.1, 14.2, 14.2.1, 14.4, 14.5 and 14.C. Adopting a holistic and rights-based approach to ocean governance is necessary to effectively guide policy that protects and conserves the ocean.

    ELC has gained support from organizations worldwide supporting the initiative to adopt legal frameworks that respect and protect the rights of the ocean to implement SDG 14. Available here: http://bit.ly/531CFA
    Partners
    Australian Earth Laws Alliance, Organizacin para la Conservacin de Ceteaceos (OCC), the NonHuman Rights Project and other organizations having signed on in support: http://bit.ly/531CFA

    Goal 15

    Protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss

    Goal 15

    15.1

    By 2020, ensure the conservation, restoration and sustainable use of terrestrial and inland freshwater ecosystems and their services, in particular forests, wetlands, mountains and drylands, in line with obligations under international agreements

    15.1.1
    Forest area as a proportion of total land area
    15.1.2
    Proportion of important sites for terrestrial and freshwater biodiversity that are covered by protected areas, by ecosystem type

    15.2

    By 2020, promote the implementation of sustainable management of all types of forests, halt deforestation, restore degraded forests and substantially increase afforestation and reforestation globally

    15.2.1
    Progress towards sustainable forest management

    15.3

    By 2030, combat desertification, restore degraded land and soil, including land affected by desertification, drought and floods, and strive to achieve a land degradation-neutral world

    15.3.1
    Proportion of land that is degraded over total land area

    15.4

    By 2030, ensure the conservation of mountain ecosystems, including their biodiversity, in order to enhance their capacity to provide benefits that are essential for sustainable development

    15.4.1
    Coverage by protected areas of important sites for mountain biodiversity
    15.4.2
    Mountain Green Cover Index

    15.5

    Take urgent and significant action to reduce the degradation of natural habitats, halt the loss of biodiversity and, by 2020, protect and prevent the extinction of threatened species

    15.5.1
    Red List Index

    15.6

    Promote fair and equitable sharing of the benefits arising from the utilization of genetic resources and promote appropriate access to such resources, as internationally agreed

    15.6.1
    Number of countries that have adopted legislative, administrative and policy frameworks to ensure fair and equitable sharing of benefits

    15.7

    Take urgent action to end poaching and trafficking of protected species of flora and fauna and address both demand and supply of illegal wildlife products

    15.7.1
    Proportion of traded wildlife that was poached or illicitly trafficked

    15.8

    By 2020, introduce measures to prevent the introduction and significantly reduce the impact of invasive alien species on land and water ecosystems and control or eradicate the priority species

    15.8.1
    Proportion of countries adopting relevant national legislation and adequately resourcing the prevention or control of invasive alien species

    15.9

    By 2020, integrate ecosystem and biodiversity values into national and local planning, development processes, poverty reduction strategies and accounts

    15.9.1

    (a) Number of countries that have established national targets in accordance with or similar to Aichi Biodiversity Target 2 of the Strategic Plan for Biodiversity 2011–2020 in their national biodiversity strategy and action plans and the progress reported towards these targets; and (b) integration of biodiversity into national accounting and reporting systems, defined as implementation of the System of Environmental-Economic Accounting

    15.a

    Mobilize and significantly increase financial resources from all sources to conserve and sustainably use biodiversity and ecosystems

    15.a.1

    (a) Official development assistance on conservation and sustainable use of biodiversity; and (b) revenue generated and finance mobilized from biodiversity-relevant economic instruments

    15.b

    Mobilize significant resources from all sources and at all levels to finance sustainable forest management and provide adequate incentives to developing countries to advance such management, including for conservation and reforestation

    15.b.1

    (a) Official development assistance on conservation and sustainable use of biodiversity; and (b) revenue generated and finance mobilized from biodiversity-relevant economic instruments

    15.c

    Enhance global support for efforts to combat poaching and trafficking of protected species, including by increasing the capacity of local communities to pursue sustainable livelihood opportunities

    15.c.1
    Proportion of traded wildlife that was poached or illicitly trafficked

    Goal 6

    Ensure availability and sustainable management of water and sanitation for all

    Goal 6

    6.1

    By 2030, achieve universal and equitable access to safe and affordable drinking water for all

    6.1.1

    Proportion of population using safely managed drinking water services

    6.2

    By 2030, achieve access to adequate and equitable sanitation and hygiene for all and end open defecation, paying special attention to the needs of women and girls and those in vulnerable situations

    6.2.1

    Proportion of population using (a) safely managed sanitation services and (b) a hand-washing facility with soap and water

    6.3

    By 2030, improve water quality by reducing pollution, eliminating dumping and minimizing release of hazardous chemicals and materials, halving the proportion of untreated wastewater and substantially increasing recycling and safe reuse globally

    6.3.1

    Proportion of domestic and industrial wastewater flows safely treated

    6.3.2

    Proportion of bodies of water with good ambient water quality

    6.4

    By 2030, substantially increase water-use efficiency across all sectors and ensure sustainable withdrawals and supply of freshwater to address water scarcity and substantially reduce the number of people suffering from water scarcity
    6.4.1

    Change in water-use efficiency over time

    6.4.2

    Level of water stress: freshwater withdrawal as a proportion of available freshwater resources

    6.5

    By 2030, implement integrated water resources management at all levels, including through transboundary cooperation as appropriate

    6.5.1

    Degree of integrated water resources management 

    6.5.2

    Proportion of transboundary basin area with an operational arrangement for water cooperation

    6.6

    By 2020, protect and restore water-related ecosystems, including mountains, forests, wetlands, rivers, aquifers and lakes
    6.6.1

    Change in the extent of water-related ecosystems over time

    6.a

    By 2030, expand international cooperation and capacity-building support to developing countries in water- and sanitation-related activities and programmes, including water harvesting, desalination, water efficiency, wastewater treatment, recycling and reuse technologies
    6.a.1

    Amount of water- and sanitation-related official development assistance that is part of a government-coordinated spending plan

    6.b

    Support and strengthen the participation of local communities in improving water and sanitation management

    6.b.1

    Proportion of local administrative units with established and operational policies and procedures for participation of local communities in water and sanitation management

    Goal 14

    Conserve and sustainably use the oceans, seas and marine resources for sustainable development

    Goal 14

    14.1

    By 2025, prevent and significantly reduce marine pollution of all kinds, in particular from land-based activities, including marine debris and nutrient pollution

    14.1.1

    (a) Index of coastal eutrophication; and (b) plastic debris density

    14.2

    By 2020, sustainably manage and protect marine and coastal ecosystems to avoid significant adverse impacts, including by strengthening their resilience, and take action for their restoration in order to achieve healthy and productive oceans

    14.2.1

    Number of countries using ecosystem-based approaches to managing marine areas

    14.3

    Minimize and address the impacts of ocean acidification, including through enhanced scientific cooperation at all levels

    14.3.1
    Average marine acidity (pH) measured at agreed suite of representative sampling stations

    14.4

    By 2020, effectively regulate harvesting and end overfishing, illegal, unreported and unregulated fishing and destructive fishing practices and implement science-based management plans, in order to restore fish stocks in the shortest time feasible, at least to levels that can produce maximum sustainable yield as determined by their biological characteristics

    14.4.1
    Proportion of fish stocks within biologically sustainable levels

    14.5

    By 2020, conserve at least 10 per cent of coastal and marine areas, consistent with national and international law and based on the best available scientific information

    14.5.1
    Coverage of protected areas in relation to marine areas

    14.6

    By 2020, prohibit certain forms of fisheries subsidies which contribute to overcapacity and overfishing, eliminate subsidies that contribute to illegal, unreported and unregulated fishing and refrain from introducing new such subsidies, recognizing that appropriate and effective special and differential treatment for developing and least developed countries should be an integral part of the World Trade Organization fisheries subsidies negotiation

    14.6.1

    Degree of implementation of international instruments aiming to combat illegal, unreported and unregulated fishing

    14.7

    By 2030, increase the economic benefits to Small Island developing States and least developed countries from the sustainable use of marine resources, including through sustainable management of fisheries, aquaculture and tourism

    14.7.1

    Sustainable fisheries as a proportion of GDP in small island developing States, least developed countries and all countries

    14.a

    Increase scientific knowledge, develop research capacity and transfer marine technology, taking into account the Intergovernmental Oceanographic Commission Criteria and Guidelines on the Transfer of Marine Technology, in order to improve ocean health and to enhance the contribution of marine biodiversity to the development of developing countries, in particular small island developing States and least developed countries

    14.a.1
    Proportion of total research budget allocated to research in the field of marine technology

    14.b

    Provide access for small-scale artisanal fishers to marine resources and markets

    14.b.1

    Degree of application of a legal/regulatory/policy/institutional framework which recognizes and protects access rights for small‐scale fisheries

    14.c

    Enhance the conservation and sustainable use of oceans and their resources by implementing international law as reflected in United Nations Convention on the Law of the Sea, which provides the legal framework for the conservation and sustainable use of oceans and their resources, as recalled in paragraph 158 of "The future we want"

    14.c.1

    Number of countries making progress in ratifying, accepting and implementing through legal, policy and institutional frameworks, ocean-related instruments that implement international law, as reflected in the United Nations Convention on the Law of the Sea, for the conservation and sustainable use of the oceans and their resources

    Name Description
    14.1 By 2025, prevent and significantly reduce marine pollution of all kinds, in particular from land-based activities, including marine debris and nutrient pollution
    14.2 By 2020, sustainably manage and protect marine and coastal ecosystems to avoid significant adverse impacts, including by strengthening their resilience, and take action for their restoration in order to achieve healthy and productive oceans
    14.4 By 2020, effectively regulate harvesting and end overfishing, illegal, unreported and unregulated fishing and destructive fishing practices and implement science-based management plans, in order to restore fish stocks in the shortest time feasible, at least to levels that can produce maximum sustainable yield as determined by their biological characteristics
    14.5 By 2020, conserve at least 10 per cent of coastal and marine areas, consistent with national and international law and based on the best available scientific information
    14.c Enhance the conservation and sustainable use of oceans and their resources by implementing international law as reflected in United Nations Convention on the Law of the Sea, which provides the legal framework for the conservation and sustainable use of oceans and their resources, as recalled in paragraph 158 of "The future we want"
    'How Legal Rights Can Save Our Ocean' Report
    Key marine ecosystems identified to apply rights-based governance
    First existing marine protected area adopts legal rights
    First marine protected area created with legal rights
    Staff / Technical expertise
    Earth Law Center staff and partners
    No progress reports have been submitted. Please sign in and click here to submit one.
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    Timeline
    17 May 2021 (start date)
    22 December 2021 (date of completion)
    Entity
    Earth Law Center
    SDGs
    Geographical coverage
    California, United States
    Ocean Basins
    Global
    Communities of Ocean Action
    Marine pollution, Marine and coastal ecosystems management, Implementation of international law as reflected in United Nations Convention on the Law of the Sea
    More information
    Countries
    N/A
    Contact Information

    Michelle Bender, Ocean Rights Manager