An Increasing Need to Change the Law of the Sea

An Increasing Need to Change the Law of the Sea
There is an increasing need to change the law of the sea within the maritime transport sector in Pacific Island Countries (PICs), going by the sustainability challenges that the region is facing presently. Sea transport, which moves the vast majority of people, products, and resources, is vital to Pacific Island Countries and their populations. It is essential for commerce and economic growth and has an effect on almost all development initiatives. However, current maritime transport services are becoming more and more pricey and unsustainable for many PICs. Ships are frequently out-of-date, inefficient, and badly maintained, and there is a vicious cycle whereby outdated ships are constantly being replaced. For transportation companies, fossil fuel is frequently their biggest operating expense. Many routes are unviable and uneconomical due to small cargoes, restricted reef crossings, and reefs. This situation is projected to worsen over time as a result of predicted spikes in fuel and compliance costs, which implies that governments and donors will be progressively required to subsidise or maintain these routes. A rapidly growing body of data, however, reveals a different future scenario involving a planned shift to low-carbon shipping. This summary identifies the necessary policy decisions to enable future Pacific islands’ marine transport while outlining the key characteristics of this developing industry. In this report, emphasis is put on exploring the progressive challenges the PICs face in their maritime systems amidst the changing operational environments. The report further emphasises new legal reinforcements and policies that are likely to steer sustainable low-carbon development as structured by governments. Having assessed the challenges of the region, the report emphasises legal changes to steer sustainable outcomes within PICs for an unforeseen future.
Sea Transport in PICs
Oceania, with its 10 million inhabitants and 25,000 islands dispersed throughout the 3 million square miles of the Pacific, the world’s biggest ocean, is undoubtedly the area most dependent on maritime travel. Long routes, small economies, an imbalance in inbound and outbound loadings, financial hurdles, serious dangers, and high infrastructure costs are some of the distinctive aspects of Pacific island shipping that make it more difficult than for many other nations. Even at times of relatively low energy costs, the region has a longstanding experience of striving to develop long-term, practical, and affordable options for marine transport. Particularly in the case of domestic transportation. The area is also heavily reliant on imported fossil fuel, which is a source of vulnerability as far as environmental sustainability is concerned. It is worth noting that the challenges maritime transport faces within PICs have advanced into a big drain on economies and a major roadblock to progress. Presently, at least 70% of all PICs are used in the transportation sector, which includes land, air, and maritime travel. Sea transportation is an important and, in most cases, the primary user for PICs. Comparatively, the production of electricity uses about 20% of fossil fuel. Electricity generation has received the majority of attention in efforts to offer low-carbon alternatives. Nevertheless, the key stakeholders have not yet addressed the need to decarbonise Pacific island transportation, even amidst the escalation of the challenges.[Strengthening the Capacity of Developing Member Countries to Respond to Climate Change Final National Report, eds K. Brown and Root Pty Ltd. [Mandaluyong: Asian Development Bank (ADB)] (2012).] [UNCTAD (2019)]
The geographical structure of Oceania makes it necessary for PICs to adopt a new strategy for making their maritime transport sustainable. One-third of the earth’s surface, or 30 million square kilometres, is covered by the 14 Pacific DMCs of ADB. However, the region’s combined landmass is less than 2% of this amount. Logistics are forced to take long routes with minimal returns on investments. The scattered nature of the islands means that movements must be segmented to ease transportation costs while fostering the region’s environmental sustainability.   The PICs are cut off from global markets and are highly susceptible to climate change’s implications. For connecting people, commodities, and services, the remote, archipelagic geography of most Pacific DMCs combined with their small and dispersed populations poses a special set of difficulties. The Pacific DMCs are likewise heavily reliant on trade. Food, gasoline, and medical supplies are the bulk of their imports, but exports of minerals and fish, together with tourism and remittances, are what drive their economy forward. The Pacific DMCs’ ability to cut trade costs, protect against climatic risks and economic instability, and generate profit through closer engagement with global markets depends on connectivity infrastructure. For communities all around the Pacific, ports, and wharves are vital lifelines. While bigger commercial ports serve as the main entry point for international trade, smaller wharves and jetties link residents of the outlying islands to the possibilities and resources found in cities. A few of the Pacific DMCs can scale up intermodal economics with the help of more effective ports, safer and more durable wharves, and jetties that provide accessibility to remote and inaccessible places. In order to improve maritime safety and increase tolerance to natural catastrophes and the ramifications of climate change, the institutional capability must be strengthened as well as physical infrastructure.[Strengthening the Capacity of Developing Member Countries to Respond to Climate Change Final National Report, eds K. Brown and Root Pty Ltd. [Mandaluyong: Asian Development Bank (ADB)] (2012).] [World Ports Sustainability Program (2020)]
Also, some characteristics of the Pacific region make it difficult to offer international services. The majority of the Pacific island nations are small and remote. Since their economies are small in scale, they depend on a small number of industries, markets, and products that are very cyclical. In many circumstances, there is a severe imbalance between imports and exports. Underexploited capacity, infrequent service, and high expenses are frequently the outcomes. On the other hand, more islands are benefiting from increased inbound connectivity given by flight operations from every other part of the world, creating new opportunities. Numerous Pacific island nations, typically in locations outside of the major cities, benefit greatly from tourism in terms of money and jobs. Air freight services are also made possible for valuable but delicate products that would not otherwise be marketable. In the Pacific region nowadays, oceanic journeys made by international aviation and maritime services are becoming increasingly significant. International shipping transports the great bulk of trade with nations outside the region. There is some cargo going to Australia and New Zealand. Another sizable chunk is going to Asia, Europe, and North America. Considering the voyage routes very little going between Pacific island nations. Such trends have led to imbalanced trade indices even at the cost of high environmental degradation.  Rural producers have the chance to grow their enterprises and create local jobs thanks to outbound access to foreign markets for agricultural and marine products.[World Ports Sustainability Program (2020)] [UNCTAD (2019)]
State of the Environment within PICs
The calls for changes in the legal framework outlining maritime transport stems from some of the ecological challenges that the region is facing presently. Caritas has urged for an integrative strategy to combat climate change that prioritises the needs of the underprivileged in its latest environmental protection analysis for Oceania. The demand comes before the Intergovernmental Panel on Climate Change (IPCC) releases a special report on the effects of global warming that has escalated to 1.5°C above pre-industrial levels in the region. Five important ecological challenges that have an impact on the lives of Oceania’s people are tracked in the status of the environmental protection report, which Caritas Aotearoa New Zealand produced on behalf of the area. These problems include food and water shortages, changes in temperatures, and experiences of extreme weather. The other challenges include continued uncontrolled offshore mining and drilling, coastal flooding or erosion, rising sea levels, and poor climate financing. The report gives individuals who depend on the oceans and freshwater a human face to how climate change and other environmental problems are affecting them.[UNCTAD (2019).]
There have been various environmental concerns that the Pacific Island Countries are facing presently to warrant immediate input. 2015–2016 brought to light the Pacific region’s susceptibility to severe weather conditions that have an impact on food and water supply. Millions of people in the region experienced hunger and thirst during one of the strongest El Nio episodes. The experiences made people depend on food with low nutritional value, trek for days in search of food, and sometimes endure extreme weakness or even die from hunger. With its overall availability of wild edibles and abundant development of plants and animals on land and in the sea, the Pacific is not typically associated with something like that. Regionally and globally, unexpected weather conditions and temperatures in 2015–2016 acted as another reminder of the ecological threats the human race is facing within the PIC region. The Pacific area experienced record-breaking temperatures in 2015 and the first half of 2016. At the same time, Fiji was ravaged by the worst documented cyclone ever to make landfall in the southern hemisphere. The challenges culminated with notable food security, income, and education setbacks.[Clean Air Guide for Ports and Terminals, Environmental Defense Fund (2015)] [World Ports Sustainability Program (2020)]
Coastal erosion is the other ecological challenge facing the PICs. The phrase “coastal zone” encompasses the entire region from the upland forest to the reef margin. The entirety of a small, low-lying island or atoll is also regarded as the coastal zone. Coastal erosion also encompasses flooding of the coastal lowlands through a range of causes, including significant rainfalls that cause flooding of streams, rivers, and storm waterways. The other causes include significant ocean swells, storms, cyclones, typhoons, and high tides. When the contributing factors are triggered, the impacts lead to the gain or loss of land along the shoreline, which is the portion of the coastal line that is in direct contact with the sea. While natural occurrences are the leading causes of the flooding of coastal lowlands, the primary causative factors are such like uncontrolled marine transportation that triggers pollution of the surrounding waters and air. Communities living within the Pacific Islands have been able to determine the possible effects of threats and hazards to the coastal zone using the tools already available. However, it frequently necessitates further professional support, which is sometimes unavailable, to comprehend the intricate relationship between natural coastal systems and human growth in order to decide on appropriate responses.
Efforts that have been put to address coastal erosion have proven questionable over time. Reactive techniques are frequently used in strategies to mitigate the effects of coastal erosion and floods, typically through technical initiatives like the construction of breakwaters. These “solutions” have frequently had a negative effect on the surrounding area and exacerbated disputes with other community ideals. Additionally, they are frequently unsuccessful over the long run and neglect the fact that improper human development is frequently a major contributing factor to the issue. Additionally, these tactics frequently produce a false sense of security, encouraging further growth in risky locations. As a result, the issue of risks in the coastal zone typically worsens over time and becomes more difficult to solve. More Pacific communities are being displaced by coastal flooding and erosion, upsetting houses, graves, and food plots. Caritas continues to hear more accounts of entire towns being forced to relocate due to rising seas and greater king tides as the sea level rises, bringing about uncertain future changes. When a global climate deal was eventually ratified in December 2015 and had the potential to “transform the planet,” the Paris Agreement offered considerable hope. However, much more has to be done to increase the level of global dedication to financing adaptation, the institutionalisation of legal remedies, and the implementation of mitigation efforts. Even now, New Zealand and Australia are not doing their fair share to reduce emissions, help Oceania’s most vulnerable people, and advance inclusive, sustainable global progress that protects the environment and the underprivileged.[World Ports Sustainability Program (2020)] [(Colls et al., 2009)]
Offshore drilling and mining is the other environmental factor that fuels the adverse outcomes in management. The mineral richness of the seal floor keeps attracting the exploration of government and private investors. The Caritas evaluation took note of the escalating community feedback over deep sea mining in the Pacific, including those of various local churches. Governments, however, pay little attention to these worries, and mining firms dismiss any negative effects that offshore mineral and oil/gas extraction might have on the area. Concerns exist over the prior permissions of the impacted communities. In 2015–2016, no fresh reports of the effects of offshore oil and gas drilling on marine species came to the attention of the evaluators. However, increased exploration of natural resources through the waters of the Pacific Islands will only worsen the already souring environmental degradation. 
Constraints to Sustainable Low-Carbon Development
The Remoteness of the PIC Islands
Low-carbon development within PICs is a prospect that has been subject to multiple constraints. Pacific Island Countries (PIC) have a variety of development problems, including small geographical and population sizes. Other factors, including remoteness and geographic distribution, and environmental frailty, despite having abundant natural and cultural resources, are challenging any advancements towards sustainability. The countries within the region are also susceptible to natural disasters, global warming, and economic changes. The PICs cover an area that is comparable to 15% of the earth’s total surface. From the sole inhabited island of Nauru to the over 350 islands that make up the Solomon Islands, where wide stretches of ocean divide most islands, many are archipelagos. There are only 2.3 million people living on the remaining islands after taking Papua New Guinea’s 8.7 million residents out of the equation. The small population has meant that the international community and the local governments pay the least attention to the sustainability needs of the region. Further, with a smaller population, the nations do not have stable legal frameworks that can be enforced to address the challenges. [Clean Air Guide for Ports and Terminals, Environmental Defense Fund (2015)]
The remoteness of the islands has been of particular interest in any attempt made towards addressing the sustainability issues surrounding the region. Remote Pacific islands frequently have technological, logistical, and climate-related challenges, which impede the progress of projects that depend on raw materials. Expenditure on on-the-ground deployment is diverted by the high cost of particular commodities and logistics. Economic growth may also be constrained by distance from markets. These problems may cause international conservationists and investors to lose interest in the area. However, the emergence of regional solutions for climate adaptation that draws on traditional local expertise is also being influenced by the logistical difficulties and high costs associated with the frequently isolated locations of islands. Even though some of the solutions are unique to the requirements of islands, they stimulate creative ideas that might be used in other contexts. Every move towards steering sustainability stems from sophisticated and integrated infrastructure, prospects that are lacking in the case of the islands. As such, policies or implementation efforts are constantly faced with issues stemming from remoteness that lead only to partial implementation or complete abolition of the projects. [Regional service delivery among Pacific Island countries: an assessment. Asia Pac. Policy Stud. 1, 541–560.] [Women’s Stud. Int. Forum 47, 287–294 (2014)]
Lack of Financial and Technical Capacity
The other constraint that impedes the implementation of sustainability policies and efforts is the lack of technical or financial capacity. Implementation of sustainability initiatives is a resource-intensive initiative. That is, countries need large inputs, both technical and financial, to achieve the set goals. Countries in the Pacific Islands deal with a number of capacity issues. Financial and project management issues dominate the implementation processes. The countries within the region still remain incapable of executing projects efficiently due to scarcity of expertise and reliance on traditional knowledge. Without the inputs of emerging technologies, it grows increasingly impossible to match the speed of degradation within the region. As noted, the remoteness of this region makes it challenging for the influx of new technologies. The other prospects that are needed for efficient implementation of sustainability, such as infrastructure maintenance, climate modelling, and spatial analysis, are also lacking to warrant efficient transition into contemporary mechanisms in ensuring sustainability. Local NGOs are concerned about maintaining their capacity; when exceptional young people advance through conservation programs, they are frequently hired for higher-paying positions in the public or commercial sectors or look for opportunities overseas. Long-term conservation programs are hampered by such staff turnover issues since a sizable percentage of funds is continuously diverted to capacity building. If there are not enough local resources to continue the initiative, local adaptation programs sponsored by external sources of money (such as climate funds) may come to an end when the grant expires. Finally, a problem of insufficient technical knowledge might ensue. With sustained scarcity in resources and technical abilities, all the legal or policy recommendations cannot be implemented satisfactorily.[(Colls et al., 2009)] [Dornan and Newton Cain, (2014).] [Women’s Stud. Int. Forum 47, 287–294 (2014).]
There are multiple prospects that continue to fail due to limitations in technical ability and financing. While the affected nations may have the insight to steer sustainable operations, they are often rendered lacking in the critical elements of implementation. For instance, enforcing laws governing maritime resources’ exploitation necessitates costly machinery expenditures such as boats and surveillance devices. Such an initiative also demands input in specialised training. Since initial financing is frequently absorbed by costs like staff time, equipment, and research, funding for compliance is frequently taken at the end of project budgets, it becomes impossible to foster the key sustainability issues ailing the region. Additionally, because of the limited technical capability for climate resilient agriculture, ongoing help is frequently required to handle new risks, including new garden pests in places such as Ahus, Papua New Guinea. Overall, the financial and technical resources must be re-engineered, even through legal interventions, to steer the initiatives to fruition.[Regional service delivery among Pacific Island countries: an assessment. Asia Pac. Policy Stud. 1, 541–560.]
Governance
The type and nature of governance within a region can play a significant role in achieving the success of various sustainability projects. That is, efforts put towards steering sustainability in a region such as PICs demand fluency in governance. The governance initiatives should be streamlined internally as well as externally. That is, the individual islands should showcase similar objectives as the other stakeholders, including the international counterparts, in addressing the sustainability issues. Any lack of congruency in pursuance of objectives can lead to failure of the projects, as has always been the case when it comes to maritime sustainability within PICs. Complex land tenure patterns frequently adhere to conventional or tribal governance frameworks, which might conflict with Western legal norms and render governance strategies ineffectual. This could discourage huge international entities that want strict contract-based arrangements, including land purchases and concessions for conservation areas, from funding climate change initiatives. However, traditional ownership and knowledge systems must be taken into account when creating adaptation policies since they can inform viable mitigation strategies. Thus, maintaining compatibility between traditional and western governing systems is a concern. These institutional difficulties can be overcome, and it can be ensured that local traditional knowledge is taken into account when providing adaptation funds, thanks to the newly established Local Communities and Indigenous Peoples Platform (LCIPP) within the UNFCCC.[Hoad, (2015)] [Clean Air Guide for Ports and Terminals, Environmental Defense Fund (2015)] [Dornan and Newton Cain, (2014).]
Governance still plays a critical role in ensuring a smooth implementation of projects besides overseeing the influx of resources and streamlining policies to match the initiative’s needs. Funding and legislative frameworks are needed to ensure the adoption, viability, and scaling of ecological system adaptation measures that promote human wellbeing and healthy environmental protection. Such policies must be created in coordination with traditional knowledge and must be periodically reviewed and improved ...