Duncan Currie - Academia.edu (original) (raw)

Papers by Duncan Currie

Research paper thumbnail of How much longer will it take? A ten-year review of the implementation of United Nations General Assembly resolutions 61/105, 64/72 and 66/68 on the management of bottom fisheries in areas beyond national jurisdiction

Research paper thumbnail of Whales, Sustainability and International Environmental Governance

Review of European Community and International Environmental Law, Apr 1, 2007

The international governance structures in place with respect to whales are dominated by the Inte... more The international governance structures in place with respect to whales are dominated by the International Whaling Commission (IWC). However, the IWC's constitutive document, the 1946 International Convention for the Regulation of Whaling (ICRW), lacks many critical elements of good governance which have evolved since the conclusion of the convention. Since the signing of the ICRW, there have been significant and far‐reaching developments in the ways and means by which sustainable development and environmental policy is formulated and implemented. Sustainability principles have expanded well beyond limited conservation objectives to include, in particular, the precautionary and ecosystem approaches. International governance has also evolved to require efficient and participation‐based decision‐making processes, including integrated management and sustainability, efficient and participation‐based decision‐making processes, international cooperation between States and coordination between international agencies, transparency, and dispute‐resolution and compliance mechanisms. These are all elemental aspects of modern environmental governance. Necessary reforms to the ICRW are substantial, and in light of the unanimity required, it is likely that only a new convention will achieve the necessary changes. A governance framework for whales must enable and encourage participants and stakeholders to cooperate in a spirit of global partnership. The goal should be to conserve, protect and restore the health and integrity of the global whale populations as part of the overall goal of the sustainability of the oceans and seas implementing the ecosystem and precautionary approaches. It must integrate with other elements of international governance to that wider goal.

Research paper thumbnail of The legal framework for resource management in the deep sea

Natural Capital and Exploitation of the Deep Ocean

The deep oceans and their protection, management, research, and resources are governed by a range... more The deep oceans and their protection, management, research, and resources are governed by a range of legal instruments. This chapter sets out the relevant legal framework for the deep oceans and discusses the role of scientists in ocean governance. The chapter introduces the law’s spatial zoning approach to marine governance and considers the role of coastal states in managing marine spaces and resources through domestic law. The chapter then offers a discussion of the international legal framework for deep-sea fishing, marine pollution, deep-sea mining, and marine scientific research, before analysing current gaps in the law relating to marine biodiversity in areas beyond national jurisdiction, as well as ocean fertilisation.

Research paper thumbnail of Incentivising change to beneficial ownership and open registers—Holding flag states responsible for their fleets and costs of illegal fishing

Research paper thumbnail of Marine Genetic Resources in Areas Beyond National Jurisdiction: Promoting Marine Scientific Research and Enabling Equitable Benefit Sharing

Frontiers in Marine Science, 2021

Growing human activity in areas beyond national jurisdiction (ABNJ) is driving increasing impacts... more Growing human activity in areas beyond national jurisdiction (ABNJ) is driving increasing impacts on the biodiversity of this vast area of the ocean. As a result, the United Nations General Assembly committed to convening a series of intergovernmental conferences (IGCs) to develop an international legally-binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity of ABNJ [the biodiversity beyond national jurisdiction (BBNJ) agreement] under the United Nations Convention on the Law of the Sea. The BBNJ agreement includes consideration of marine genetic resources (MGR) in ABNJ, including how to share benefits and promote marine scientific research whilst building capacity of developing states in science and technology. Three IGCs have been completed to date with the fourth delayed by the Covid pandemic. This delay has allowed a series of informal dialogues to take place between state parties, which have highlighted a number of areas related to MG...

Research paper thumbnail of Eight urgent, fundamental and simultaneous steps needed to restore ocean health, and the consequences for humanity and the planet of inaction or delay

Aquatic Conservation: Marine and Freshwater Ecosystems, 2019

Research paper thumbnail of Tracking twenty-four years of discussion about transparency in international marine governance: where do we stand?

Research paper thumbnail of Advancing marine biodiversity protection through regional fisheries management: A review of bottom fisheries closures in areas beyond national jurisdiction

Marine Policy, 2015

Fishing is a significant threat to marine biodiversity in areas beyond national jurisdiction (ABN... more Fishing is a significant threat to marine biodiversity in areas beyond national jurisdiction (ABNJ). Bottom fishing in particular can impact deep-sea ecosystems, and the UN General Assembly has called on regional fisheries management organisations and arrangements (RFMO/As) to take actions to regulate bottom fisheries, including to close areas to bottom fishing activities where there is likely to be significant adverse impacts to vulnerable marine ecosystems (VMEs). This paper provides an update on the current status of closures, suggesting that RFMO/A biodiversity conservation efforts continue to advance slowly. RFMO/As have been slow to implement additional closures and to act in a precautionary manner based on available scientific evidence. Existing powers are not being fully utilised and best practice is not always followed. Closures have often been temporary or representative, or have not in fact restricted ongoing fishing activity. Some positive outcomes provide examples of good practice, though RFMO/As will need to fully utilise their powers and follow best practice before authorising bottom fishing to proceed in ABNJ.

Research paper thumbnail of Using the public trust doctrine to achieve ocean stewardship

Research paper thumbnail of Ocean in peril: Reforming the management of global ocean living resources in areas beyond national jurisdiction

Marine Pollution Bulletin, 2013

This article presents the outcome of research aimed at assisting governments in meeting their com... more This article presents the outcome of research aimed at assisting governments in meeting their commitments and legal obligations for sustainable fisheries, based on increasing evidence that global fisheries are in crisis. The article assesses the effectiveness of the existing legal and institutional framework for high seas living resources. It focuses on: (1) the role of regional fisheries management organizations (RFMOs); (2) tools for compliance and enforcement to stem illegal fishing; and (3) mechanisms for habitat protection. The article further highlights a variety of options for addressing key weaknesses and gaps in current ocean governance, including United Nations General Assembly (UNGA) resolutions, reforms at the regional level, as well as a possible new legal instrument, with a view to informing international discussions on ways to ensure the sustainable use of high seas resources without compromising the health of the marine environment.

Research paper thumbnail of The Problems and Gaps in the Nuclear Liability Conventions and an Analysis of How an Actual Claim Would Be Brought under the Current Existing Treaty Regime in the Event of a Nuclear Accident

The international nuclear liability regime is extremely patchy, complicated and features sparse p... more The international nuclear liability regime is extremely patchy, complicated and features sparse participation. While the recent amendments to the Vienna and Paris Conventions are much heralded, they are heavily hedged with exceptions and the amended Protocols enjoy even more sparse participation than the original Conventions. Others, such as the Convention on Supplementary Convention, are not in force; and for those that are in force, many major nuclear countries are not party to them. So discussion of Conventions must take into account their membership.

Research paper thumbnail of The Salas y Gómez and Nazca ridges: A review of the importance, opportunities and challenges for protecting a global diversity hotspot on the high seas

Research paper thumbnail of Towards a Contemporary Vision for the Global Seafloor. Implementing the Common Heritage of Mankind

Research paper thumbnail of The oceans: The Law of the Sea Convention as a form of global governance

Policy Quarterly

Life came from the ocean. Without the ocean, life on Earth is not possible. The ocean produces an... more Life came from the ocean. Without the ocean, life on Earth is not possible. The ocean produces and regulates much of the planet’s oxygen and water, provides substantial amounts of its nutrient and carbon cycling and supports most of its biological diversity. Fish feed over 3 billion humans, supplying 20% of their animal protein intake (FAO, 2016).

Research paper thumbnail of The common of heritage of mankind as a means to assess and advance equity in deep sea mining

Marine Policy, 2016

The common heritage of mankind as a means to assess and advance equity in deep sea mining. Marine... more The common heritage of mankind as a means to assess and advance equity in deep sea mining. Marine Policy .

Research paper thumbnail of Seabed Mining and Approaches to Governance of the Deep Seabed

Frontiers in Marine Science

Commercial seabed mining seems imminent, highlighting the urgent need for coherent, effective pol... more Commercial seabed mining seems imminent, highlighting the urgent need for coherent, effective policy to safeguard the marine environment. Reconciling seabed mining with the United Nations Sustainable Development Goals will be difficult because minerals extraction will have irreversible consequences that could lead to the loss of habitats, species and ecosystems services. A dialog needs to take place around social, cultural, environmental and economic costs and benefits. Governance of human interactions with the seabed is fragmented and lacks transparency, with a heavy focus on facilitating exploitation rather than ensuring protection. In the light of high uncertainties and high stakes, we present a critical review of proposed policy options for the regulation of seabed mining activities, recommend actions to improve seabed governance and outline the alternatives to mining fragile deep-sea ecosystems.

Research paper thumbnail of The Shipment of Ultrahazardous Nuclear Materials In International Law

Review of European Community and International Environmental Law, 1999

Research paper thumbnail of Recent Developments in the International Law Governing Shipments of Nuclear Materials and Wastes and their Implications for SIDS

Review of European Community and International Environmental Law, 2005

Research paper thumbnail of How much longer will it take? A ten-year review of the implementation of United Nations General Assembly resolutions 61/105, 64/72 and 66/68 on the management of bottom fisheries in areas beyond national jurisdiction

Research paper thumbnail of Whales, Sustainability and International Environmental Governance

Review of European Community and International Environmental Law, Apr 1, 2007

The international governance structures in place with respect to whales are dominated by the Inte... more The international governance structures in place with respect to whales are dominated by the International Whaling Commission (IWC). However, the IWC's constitutive document, the 1946 International Convention for the Regulation of Whaling (ICRW), lacks many critical elements of good governance which have evolved since the conclusion of the convention. Since the signing of the ICRW, there have been significant and far‐reaching developments in the ways and means by which sustainable development and environmental policy is formulated and implemented. Sustainability principles have expanded well beyond limited conservation objectives to include, in particular, the precautionary and ecosystem approaches. International governance has also evolved to require efficient and participation‐based decision‐making processes, including integrated management and sustainability, efficient and participation‐based decision‐making processes, international cooperation between States and coordination between international agencies, transparency, and dispute‐resolution and compliance mechanisms. These are all elemental aspects of modern environmental governance. Necessary reforms to the ICRW are substantial, and in light of the unanimity required, it is likely that only a new convention will achieve the necessary changes. A governance framework for whales must enable and encourage participants and stakeholders to cooperate in a spirit of global partnership. The goal should be to conserve, protect and restore the health and integrity of the global whale populations as part of the overall goal of the sustainability of the oceans and seas implementing the ecosystem and precautionary approaches. It must integrate with other elements of international governance to that wider goal.

Research paper thumbnail of The legal framework for resource management in the deep sea

Natural Capital and Exploitation of the Deep Ocean

The deep oceans and their protection, management, research, and resources are governed by a range... more The deep oceans and their protection, management, research, and resources are governed by a range of legal instruments. This chapter sets out the relevant legal framework for the deep oceans and discusses the role of scientists in ocean governance. The chapter introduces the law’s spatial zoning approach to marine governance and considers the role of coastal states in managing marine spaces and resources through domestic law. The chapter then offers a discussion of the international legal framework for deep-sea fishing, marine pollution, deep-sea mining, and marine scientific research, before analysing current gaps in the law relating to marine biodiversity in areas beyond national jurisdiction, as well as ocean fertilisation.

Research paper thumbnail of Incentivising change to beneficial ownership and open registers—Holding flag states responsible for their fleets and costs of illegal fishing

Research paper thumbnail of Marine Genetic Resources in Areas Beyond National Jurisdiction: Promoting Marine Scientific Research and Enabling Equitable Benefit Sharing

Frontiers in Marine Science, 2021

Growing human activity in areas beyond national jurisdiction (ABNJ) is driving increasing impacts... more Growing human activity in areas beyond national jurisdiction (ABNJ) is driving increasing impacts on the biodiversity of this vast area of the ocean. As a result, the United Nations General Assembly committed to convening a series of intergovernmental conferences (IGCs) to develop an international legally-binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity of ABNJ [the biodiversity beyond national jurisdiction (BBNJ) agreement] under the United Nations Convention on the Law of the Sea. The BBNJ agreement includes consideration of marine genetic resources (MGR) in ABNJ, including how to share benefits and promote marine scientific research whilst building capacity of developing states in science and technology. Three IGCs have been completed to date with the fourth delayed by the Covid pandemic. This delay has allowed a series of informal dialogues to take place between state parties, which have highlighted a number of areas related to MG...

Research paper thumbnail of Eight urgent, fundamental and simultaneous steps needed to restore ocean health, and the consequences for humanity and the planet of inaction or delay

Aquatic Conservation: Marine and Freshwater Ecosystems, 2019

Research paper thumbnail of Tracking twenty-four years of discussion about transparency in international marine governance: where do we stand?

Research paper thumbnail of Advancing marine biodiversity protection through regional fisheries management: A review of bottom fisheries closures in areas beyond national jurisdiction

Marine Policy, 2015

Fishing is a significant threat to marine biodiversity in areas beyond national jurisdiction (ABN... more Fishing is a significant threat to marine biodiversity in areas beyond national jurisdiction (ABNJ). Bottom fishing in particular can impact deep-sea ecosystems, and the UN General Assembly has called on regional fisheries management organisations and arrangements (RFMO/As) to take actions to regulate bottom fisheries, including to close areas to bottom fishing activities where there is likely to be significant adverse impacts to vulnerable marine ecosystems (VMEs). This paper provides an update on the current status of closures, suggesting that RFMO/A biodiversity conservation efforts continue to advance slowly. RFMO/As have been slow to implement additional closures and to act in a precautionary manner based on available scientific evidence. Existing powers are not being fully utilised and best practice is not always followed. Closures have often been temporary or representative, or have not in fact restricted ongoing fishing activity. Some positive outcomes provide examples of good practice, though RFMO/As will need to fully utilise their powers and follow best practice before authorising bottom fishing to proceed in ABNJ.

Research paper thumbnail of Using the public trust doctrine to achieve ocean stewardship

Research paper thumbnail of Ocean in peril: Reforming the management of global ocean living resources in areas beyond national jurisdiction

Marine Pollution Bulletin, 2013

This article presents the outcome of research aimed at assisting governments in meeting their com... more This article presents the outcome of research aimed at assisting governments in meeting their commitments and legal obligations for sustainable fisheries, based on increasing evidence that global fisheries are in crisis. The article assesses the effectiveness of the existing legal and institutional framework for high seas living resources. It focuses on: (1) the role of regional fisheries management organizations (RFMOs); (2) tools for compliance and enforcement to stem illegal fishing; and (3) mechanisms for habitat protection. The article further highlights a variety of options for addressing key weaknesses and gaps in current ocean governance, including United Nations General Assembly (UNGA) resolutions, reforms at the regional level, as well as a possible new legal instrument, with a view to informing international discussions on ways to ensure the sustainable use of high seas resources without compromising the health of the marine environment.

Research paper thumbnail of The Problems and Gaps in the Nuclear Liability Conventions and an Analysis of How an Actual Claim Would Be Brought under the Current Existing Treaty Regime in the Event of a Nuclear Accident

The international nuclear liability regime is extremely patchy, complicated and features sparse p... more The international nuclear liability regime is extremely patchy, complicated and features sparse participation. While the recent amendments to the Vienna and Paris Conventions are much heralded, they are heavily hedged with exceptions and the amended Protocols enjoy even more sparse participation than the original Conventions. Others, such as the Convention on Supplementary Convention, are not in force; and for those that are in force, many major nuclear countries are not party to them. So discussion of Conventions must take into account their membership.

Research paper thumbnail of The Salas y Gómez and Nazca ridges: A review of the importance, opportunities and challenges for protecting a global diversity hotspot on the high seas

Research paper thumbnail of Towards a Contemporary Vision for the Global Seafloor. Implementing the Common Heritage of Mankind

Research paper thumbnail of The oceans: The Law of the Sea Convention as a form of global governance

Policy Quarterly

Life came from the ocean. Without the ocean, life on Earth is not possible. The ocean produces an... more Life came from the ocean. Without the ocean, life on Earth is not possible. The ocean produces and regulates much of the planet’s oxygen and water, provides substantial amounts of its nutrient and carbon cycling and supports most of its biological diversity. Fish feed over 3 billion humans, supplying 20% of their animal protein intake (FAO, 2016).

Research paper thumbnail of The common of heritage of mankind as a means to assess and advance equity in deep sea mining

Marine Policy, 2016

The common heritage of mankind as a means to assess and advance equity in deep sea mining. Marine... more The common heritage of mankind as a means to assess and advance equity in deep sea mining. Marine Policy .

Research paper thumbnail of Seabed Mining and Approaches to Governance of the Deep Seabed

Frontiers in Marine Science

Commercial seabed mining seems imminent, highlighting the urgent need for coherent, effective pol... more Commercial seabed mining seems imminent, highlighting the urgent need for coherent, effective policy to safeguard the marine environment. Reconciling seabed mining with the United Nations Sustainable Development Goals will be difficult because minerals extraction will have irreversible consequences that could lead to the loss of habitats, species and ecosystems services. A dialog needs to take place around social, cultural, environmental and economic costs and benefits. Governance of human interactions with the seabed is fragmented and lacks transparency, with a heavy focus on facilitating exploitation rather than ensuring protection. In the light of high uncertainties and high stakes, we present a critical review of proposed policy options for the regulation of seabed mining activities, recommend actions to improve seabed governance and outline the alternatives to mining fragile deep-sea ecosystems.

Research paper thumbnail of The Shipment of Ultrahazardous Nuclear Materials In International Law

Review of European Community and International Environmental Law, 1999

Research paper thumbnail of Recent Developments in the International Law Governing Shipments of Nuclear Materials and Wastes and their Implications for SIDS

Review of European Community and International Environmental Law, 2005