The ocean and its place in our world
Oceans and the Law: a series created to collaboratively discuss maritime boundaries, the impact of climate change and environmental degradation on the oceans, and the oceans as important facilitators of trade.
Over the course of June and July, the Faculty of Law hosted the three-part lecture series Oceans and the Law: Breakfast round-table series. The series investigated the law of the ocean and what different legal approaches are taken when considering states and their relationship to the ocean, and the governance of the ocean itself.
The series was organised by the New Zealand Branch of the International Law Association, the Institute of Small and Micro States, the New Zealand Association of Comparative Law, and the New Zealand Centre of International Economic Law with significant contributions from Professor of Law, Petra Butler.
Petra is also the Director of the Institute of Small and Micro States (ISMS). ISMS’ aim is, among other things, to provide independent expert advice and the placement of (regional) experts. The organisation has a specific focus on international dispute resolution in relation to a theme relevant for small states, such as climate change.
About 180 people attended across the three-part series with a depth of discussion, deliberation, and sharing of thought.
The first of the three-part series was held on 15 June. Chaired by Associate Professor of the Faculty, Joanna Mossop, the panel discussed the pertinent issues that have arisen regarding maritime boundaries. The seminar covered not only what maritime boundaries are and the different boundaries between countries, states, and oceans, but also, as Petra says, “The importance of maritime boundaries for issues such as climate change and environmental degradation.”
The second of the series took place on 6 July, involving Faculty of Law’s Professor Alberto Costi and Dr Bjørn-Oliver Magsig as panellists during the discussion on Oceans and the Environment and Climate Change. This part of the series focused on climate change and its impacts on the ocean, and was chaired by Leota Kosi Latu, Director-General of the Secretariat of the Pacific Regional Environment Programme (SPREP), who also leads the premier inter-governmental agency for the protection of the Pacific environment. Panellists and attendees discussed not only the science of climate change but also sustainable fisheries and innovative ways to help small island states adapt and mitigate climate change consequences.
The final part of the series was held on 13 July, and was chaired by the Faculty of Law’s Dr Michelle Zang. The panel discussed issues related to commerce and the oceans, including some of the commercial legal issues surrounding the use of the ocean as the major transport route in our globalised world.
This series aimed overall to look at the ocean as an entity from different legal angles, to show synergies between the different areas of law.
Petra says, “One of the issues in today’s world is that we are all so specialised that it is easy to fall into the ‘silo-trap’, i.e. not realising the consequences the regulation of one area of law has on the other. By considering the ocean as a key element of our earth in terms of climate change, trade and maritime boundaries, this focal point allowed us to link different areas of law.”
The series also brought to light the issues for New Zealand and the Pacific Islands in relation to the ocean generally, and those oceans shared between Pacific nations. Legal professionals are used to working in their own little silos, whether subconsciously or not, when in fact a more unified legal approach needs to be undertaken to bring all areas of the legal environment together, explains Petra.
“To combat climate change, other areas of environmental risk, and safeguard the ocean and its occupants, this needs to reach through commercial law, climate change law and oceans and the law. The ocean is an important part of our environment—all areas of law need to work together to protect it.”
She adds, “To safeguard the ocean and its occupants there needs to be an interdisciplinary but also multi-legal disciplinary effort. More needs to be done to break silos and echo chambers and instead, collaboratively work together to mitigate the pressures of climate change, ocean boundaries, and inter-state ownership of the oceans.”
The Faculty of Law and attendees of the series were fortunate to see panellist representation from international organisation’s such as the WTO and UNCITRAL, representation from small island countries from the Pacific Islands to the Caribbean, and with interdisciplinary panellists including a biologist and a political scientist. Those who joined us for the series look forward to the future where the law of the ocean can be considered more broadly by all legal experts.