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1 INTRODUCTION
The fundamental value of ocean governance is the
maintenance of long‐term sustainability of marine
natural resources. In setting out a comprehensive
range of rules governing ocean activities, UNCLOS
divides marine space into a number of zones
horizontallyaswellasvertically[1,2].
Ocean governance means the coordination
of
various uses of the ocean and protection of the
marine environment. Ocean governance is also
definedastheprocessnecessarytosustainecosystem
structure and functions. Effective ocean governance
requires globally‐agreed international rules and
procedures, regional action based on common
principles, and national legal frameworks and
integratedpolicies
[3].
Globaloceangovernance,aswellasmanagement
of the marine environment (or management of the
WorldOcean)isessentialforachieving theobjectives
of sustainable development. Common and rational
useoftheWorldOcean(whichisalsodefinedasthe
marine environment and its resources) should be
based on integrated
maritime governance,
understood as the processes of planning, decision‐
making andmanagementatthegloballevel.Italso
includesmaritimeareasbeyondnationaljurisdiction,
and integrates activities substantively and
institutionally[4].Protectionandpreservationofthe
environmentasaunityandnaturalresourcesshould
be considered as superior to irrational
use of the
marineenvironment.Itisassumedthatthiswouldbe
possible with the creation of a global maritime
administration having clear objectives and scope of
activities.
Global Ocean Governance
D.Pyć
UniversityofGdańsk,Gdańsk,Poland
ABSTRACT:Thispaperpresentsafewgeneralcommentsontheeffectiveglobaloceangovernance(GOG).The
ConventionontheLawoftheSea(UNCLOS)establishesfundamentallegalprinciplesforthegovernanceofthe
marine environment and its resources. Furthermore, in the context of GOG
the international community is
consciousthatimprovingofglobalandregionalcooperationoughttobeinthemainstreamofsocio‐economic
andpoliticaldiscourse.Nowadays,theUNCLOSisnotabletogiveananswerforallnewquestionsarisingin
thelawofthesea.Therefore,itwouldseemthat
thereisagreatneedtoprovidemorepragmaticapproaches
to global ocean governance by international community as well as national governments, using the holistic
paradigm of sustainable development. At the regional level, the European Union promotes an integrated
maritimepolicy.EachEUmarineMemberStateisobligedtopreparenational
integratedmaritimepolicyasa
partoftheintegratedmaritimepolicyofEU.TheMaritimePolicyofPolandwasapprovedbytheCouncilof
Ministerson17March2015.
http://www.transnav.eu
the International Journal
on Marine Navigation
and Safety of Sea Transportation
Volume 10
Number 1
March 2016
DOI:10.12716/1001.10.01.18
160
Therefore,itwouldalsoneedtohaveappropriate
availablefinancial resources andadequately‐trained
human resources, as well as a constantly‐updated
database.Thecreationof integratedmanagementof
themarineenvironmentinmaritimeareaswithinthe
boundaries of coastal States and territories, where
coastal States exercise sovereign rights associated
with efficient and flexible instruments, allows a
reasonable balance between the protection and
preservationoftheenvironmentandthefreedomto
usetheseasandoceans.Thesectoralapproachtothe
marine environment, developed and persisted
through the years, should be balanced by an
integratedapproach[3].
2 OCEANGOVERNANCE
CHALLENGES
The Convention on the Law of the Sea (UNCLOS),
veryoftencalled“theconstitutionoftheoceansand
seas”,pointedout thatthe main value formaritime
law is unity of the Global Ocean: “the problems of
ocean space are closely interrelated and need to be
considered as a whole”
(preamble) [5]. UNCLOS
establishes the legal framework for all activities in
theoceans.Accordingtoitspreamble,UNCLOSsets
outalegalorderfortheseasandoceanstofacilitate
international communication and promote peaceful
uses of the seas and oceans, equitable and efficient
utilization of their resources, conservation of
their
living resources and study, protection and
preservationofthemarineenvironment.
UNCLOS establishes a holistic and ecosystem
approach. One of the objectives ofUNCLOS is to
develop the rational use of maritime resources and
the conservation of marine living resources. The
Convention on the Law of the Sea introduced to
international law the obligation to protect and
preserve the marine environment (Art. 192) as ius
cogens‐animperativeforinternationalcommunity.
Our oceans and seas are threatened by climate
change, natural disasters, environmental
degradation, depletion of fisheries, loss of
biodiversityandineffectiveflagstate[6].Theprocess
of ocean acidification,
which has wide‐ranging
negative impact on the World Ocean health and
marine living resources, is a global problem.
UNCLOSisoneofthemostimportantsourcesofthe
globaloceangovernance.TheConventionontheLaw
of the Sea establishes a legal regime of rules and
recommended practices which can
be used as a
structureofgovernment[7].
Theseandmanyotherthreats,likeobservedfrom
manyyearsgrowthongreenhousegasemissions,are
reasonsfortakingproperaction,internationallyand
regionally.TheInternationalMaritimeOrganization,
as well as the European Union and national
governmentsrecognizethisproblemandunderstand
that co‐operation is a must for today. Therefore, it
would seem that using LNG as an environmentally
friendlyfuelformaritimetransportfitstotheconcept
ofwideintroducinginternationalstandardsforships
fuels[8].
3 OCEANGOVERNANCEGUIDING
APPROACHES
The institutional framework is composed by the
administrative mechanisms that
are required to
establishedsystemofcoordinationandco‐operation
betweenall the stakeholders thathave a role in the
management of the ocean. In order to avoid the
fragmentation of decision‐making and exclusion of
stakeholders as well as in implementing an ocean
governance framework, the international and
regional
regulationsandproceduresofcoordination
andco‐operationshouldbetakenintoconsideration.
In this context the holistic, ecosystem and
precautionary approaches are very important as
directionorevendrivingforceforthesystem.
Holistic,ecosystemandprecautionaryapproaches
are recognized as rules of marine resources
management [9], but the idea
of global ocean
governance and regional maritime management is
deeplyfragmented andinsufficiently developed [3].
Numerous sectors are regulated and managed
independently of others, by diverse agencies and
underdifferentrulesandprocedures[4].
The ecosystem approach has its roots in the
internationalenvironmentallaw[10].This approach
is defined
as the integrated management of human
activities based on knowledge of ecosystem
dynamics to achieve sustainable use of ecosystem
goods and services and maintenance of ecosystem
integrity. This kind of approach has many
implications for GOG including the need to
established no‐take reserves, effective marine
monitoring and protection of threatened
and
endangeredmarinelivingresources.
The precautionary approach is necessary in
effective prevention against degradation of the
marine environment [9]. According to the
precautionary approach, where there are threats of
serious or irreversible damage, lack of full of
scientificcertainty shall not be used as a reason for
postponing coast‐
effective measures to prevent
environmentaldegradation.
The problems of a functional nature are related
withtheprocessofplanningandimplementationof
many of elements which are included in maritime
policies.
4 INTEGRATEDMARITIMEPOLICYASAN
INSTRUMENTOFREGIONALCOORDINATION
ORDUTYTOCO‐OPERATE
The integrated maritime policy of
the European
Unionariseseitherthroughlegislativeactionsaswell
asexecutiveinitiativesofitsMemberStates[11].Itis
desirable for the development of the management
system to base it on the integration of instruments
and institutional capacity for cooperation and
coordination, the creation of a knowledge base and
cross‐cutting tools necessary to enable the
introduction of an integrated policy, the
improvement the quality of sector policies through
the active search for synergies and increased
coherencebetweensectors[12].
161
TheconceptoftheEUintegratedmaritimepolicy
permitsaclearvisionofthedirectionMemberStates
shouldtaketoachieveanintegratedandsustainable
management in marine affaires. European regional
maritime management is based on marine spatial
planning, decision making and integrated
management understood as the implementation of
decisions
and continuous improvement planning
proceduresanddecision‐making.
Maritime spatial planning involves identifying
possibleuses of marine resources andtheir rational
distribution,aswellasprovidingsustainableactivity
intermsoftheecosystem,allofwhichisperformed
in the marine environment in order to achieve
economic, social and environmental
objectives
arising from regional and national policies in
accordance with international rules and standards,
recommended practices and procedures for the
protection and preservation of the marine
environment[13].
In Europe, according to the policy of the
EuropeanUnion,maritimespatialplanninginvolves
the process of planning and regulating all human
activities
inmarineareas,includingmaintainingthe
good condition of marine ecosystems, as well as
marinebiodiversity.Theprocessofdecision‐making
is closely interrelated to international global and
regionalcooperation.Thisapproachistheessenceof
the maritime policy for both European Union and
States in their national and regional
maritime
relations. This is also a framework for developing
actionsforbetteroceangovernance.
The integrated management of the marine
environment includes comprehensive, integrated
management of human activities based on the
available scientific knowledge on ecosystems and
their dynamics, origin and impact of the activities,
which are essential for the health
of the marine
ecosystem, as well as achieving sustainable use of
marine ecosystem assets and maintaining the
integrityofthemarineecosystem.
5 MARITIMEPOLICYOFPOLAND–
ENFORCEMENTORCOMPLIANCE
TheMaritimePolicyoftheRepublicofPoland upto
2020(withperspectiveupto2030)wasapprovedby
theCouncil ofMinisterson17March2015[14].The
draftoftheMaritimePolicyofPolandwasprepared
on the governmental level by the Inter‐Ministerial
CommitteeonMaritimePolicyofPoland.TheInter‐
MinisterialCommitteeonMaritimePolicyofPoland
is a main governmental body responsible for
formulation of
the national maritime policy and
implementationofanIntegratedMaritime Policyfor
the European Union. The Inter‐Ministerial
Committee has been established by the Prime
Minister and is chaired by the Minister of the
Maritime Economy and Inland Transport, who is
responsibleformaritimeaffaires.InSeptember2009
the Government
of Polandapproved the general
principles and objectives of maritime policy of
Polandupto2020.
Policy can be defined as purposive course of
action followed by governmental or non‐
governmental actors in response to some set of
perceived problem [15]. It has been noted that the
mainelementsofa
nationalmaritimepolicyarethe
entities involved and the administrationcapabilities
in the range of their issues, which should be
effectivelysolvedaswellassomeeconomicinterests.
The Maritime Policy of Poland is based on the
constitutional principle of sustainable development
[16].
It has been pointed out that in
establishing the
effective mechanisms of inter‐institutional
coordination the polish national maritime policy
shouldbemanagedandachieveatthehighestlevel
ofgovernance.
TheMaritimePolicyofPolandisthefulfilmentof
theobligationaddressedtotheEUMemberStatesto
develop their own national maritime policies inter
alia according
to the European Commission
Communication “AnIntegrated Maritime Policy for
the European Union” and “Guidelines for an
integratedapproachtomaritimepolicy”.
The priorities of the Maritime Policy of the
RepublicofPolandupto 2020(withperspectiveup
to2030)are:
strengtheningthepositionofPolishseaports;
enhancingmaritimetransportcompetitiveness;
ensuringmaritimesafetyandsecurity;
improvement of the state marine environment
andcoastalprotection;
creating conditions for the development of the
economybasedonknowledgeandqualifications;
rationaluseofthenaturalresourcesofthemarine
environment;
sustainablemanagementofmarine
fisheries;
strengtheningthenationalenergysecurity;
streamliningmaritimegovernance.
One of the general conclusions is that from a
formalpointofviewtheMaritimePolicyofPolandis
nowthekeydevelopmentpolicy,butitneedsmore
concentratefocusontheenforcementofitspriorities
inpractice–
inordertoensureitseffectiveness.The
question is now whatwill be the status of the new
polishmaritimepolicy.
6 CONCLUSIONS
Ithasbeenpointedoutasaratherobviousfactthat
the future of the oceans depends on enhanced
scientific research into ocean processes, effective
implementationofthe
internationallegalinstruments
that regulate various oceans activities and a
comprehensive and integrated approach to ocean
management. Consequently, the concept of global
oceangovernanceandintegratedmaritimepolicyof
the EU as well as national maritime policies have
emerged.Furthermore,itshouldbeemphasized,the
relation between the concepts of
global ocean
governance and maritime policy is that every
national maritime policy is an element of the
governanceoftheocean.
162
Promoting the principles of sustainable
development in the maritime domain including
shipping safety and security, protection of marine
environment, maritime spatial planning, integrated
coastalzonemanagementandmarineeducationand
knowledge,anIntegratedMaritimePolicyfortheEU
is dealing a lot with the issues related to ocean
governance. All
these activities should take into
account the specificity of each of the EU regional
seas,aswellasalltheoceanspace,throughsolutions
tailored to the needs and pragmatic enforcement of
the global ocean governance rules, instruments and
recommendedpractices.
Themostimportantstepistodetermine howan
integrated national maritime policy should be
developed.Itisratherobviousthatthemissionofthe
maritime policy should maximize benefits for the
people and economy from a sustainable use of
coastal location and marine resources. There is no
doubt that cooperation of States for effective ocean
governance,as theresult
of providing the countries
maritime policies and strategies is essentially
important and may provide fruits for present and
futuregeneration.
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