Maritiem Transport
Author(s)
Frank Maes
Publication

Maritiem transport, scheepvaart en havens

(2022) Knowledge Guide Coast and Sea - Compendium for Coast and Sea. p. 31-55

Tegenwoordig wordt meer dan 80% van de globale handel (in volume) over de zee vervoerd, goed voor 11,1 miljard ton aan goederen in 2019 (+0,5% t.o.v. 2018) (UNCTAD 2020, UNCTADSTAT). De economische en sociale verstoringen als gevolg van COVID-19 hebben de wereldhandel in 2020 negatief beïnvloed met een gemiddelde waardedaling van 9%. De grootste negatieve impact werd opgetekend in de eerste helft van 2020 met een waardereductie van 15%. Vanaf het derde kwartaal begon de wereldhandel zich reeds te herstellen, in hoofdzaak te danken aan de toename in handel in goederen, terwijl de handel in diensten tot op vandaag ver onder het gemiddelde presteert (Pallis et al. 2021, UNCTAD 2021a, UNCTAD 2021b). In het eerste kwartaal van 2021 stond de totale wereldhandel reeds op een hoger waardeniveau (+3%) dan in hetzelfde kwartaal van 2019 (i.e. vóór de crisis), in hoofdzaak aangedreven door de sterke exportprestaties van de Oost-Aziatische economieën (UNCTAD 2021b).

 

 

Book chapter
Maritime Transport
Author(s)
Frank Maes
Publication

Maritime transport, shipping and ports

(2022) Knowledge Guide Coast and Sea - Compendium for Coast and Sea. p. 31-55

Currently, more than 80% of global trade (by volume) is transported by sea, accounting for 11.1 billion tonnes of goods in 2019 (+0.5% vs. 2018) (UNCTAD 2020, UNCTADSTAT). The economic and social disruptions caused by COVID-19 negatively impacted world trade in 2020 with an average decline in value of 9%. The greatest negative impact was recorded in the first half of 2020 with a 15% value reduction. From the third quarter onwards, world trade started to recover, mainly due to the increase in trade in goods, while trade in services remains far below average (Pallis et al. 2021, UNCTAD 2021a, UNCTAD 2021b). In the first quarter of 2021, total world trade was already at a higher level (+3%) than in the same quarter of 2019 (i.e. before the crisis), mainly driven by the strong export performance of the East Asian economies (UNCTAD 2021b).

Book chapter
Fair Share: Equitable Distribution of Deep Sea Mining Proceeds
Author(s)
Klaas Willaert
Publication

Fair Share: Equitable Distribution of Deep Sea Mining Proceeds

(2022) International Journal of Marine and Coastal Law. 37.

One of the vital principles within the international regime governing the deep seabed is the status of the Area (comprising the seabed and subsoil beyond national jurisdiction) and its mineral resources as the common heritage of mankind. This abstract concept encompasses a wide array of interrelated components, though one of the most crucial premises is that activities in the Area must be carried out for the benefit of mankind as a whole, entailing equitable sharing of financial and other economic benefits derived from deep sea mining operations. As a result, the International Seabed Authority (ISA) is tasked with developing a suitable payment and distribution mechanism, which takes the needs and interests of developing States into particular consideration. This article analyses the overarching rules and principles, assesses the available options and offers insightful thoughts on the way forward.

Article
Data in Brief
Author(s)
Frank Maes, Zacharoula Kyriazi
Publication

Data about marine area-based management tools to assess their contribution to the UN sustainable development goals

Data in Brief, Volume 40, February 2022, 107704

The dataset presented in this article contains information about marine Area-Based Management Tools (ABMTs) used to assess their contribution to the United Nations 2030 Sustainable Development Goals. Following the scope of the analysis, ABMTs were identified by scrutinizing international and regional legal sources related to ocean management in the fields of marine conservation, fisheries, deep sea bed mining, underwater natural and cultural heritage, environmental conservation, and marine spatial planning. Legal sources were screened to depict the following characteristics of individual ABMTs: i) management objectives; ii) authorities responsible for delivering such objectives; iii) the system of management and planning entailed in the ABMT including the zoning type; and iv) the specific spatial scope and domain each ABMT refer to in vertical depth and horizontal domain. Data were generated through an internal expert elicitation. Experts, initially trained in the data analysis and related protocol, contributed to the data production because of their specific knowledge and experience in ocean management. This dataset represents a unique source of information for advancing research about monitoring and assessment of the achievement of sustainable development goals that encompasses different types of ABMTs.

Article
All eyes on deep sea mining: monitoring and inspection of activities in the Area
Author(s)
Klaas Willaert
Publication

All eyes on deep sea mining: monitoring and inspection of activities in the Area

(2022) Journal of International Maritime Law. 27(5). p.302-312

Taking into account that deep sea mining activities in the Area can only be conducted in accordance with the rules and principles of the international deep seabed regime, compliance is a very important element. However, owing to the specific characteristics of deep sea mining, designing appropriate monitoring and inspection mechanisms is not an easy task. With regard to monitoring, a wide range of options and technologies is available, and the challenge of onsite inspections is to do this in the most cost-efficient way, while minimising interference with deep sea mining activities. Independence should evidently be guaranteed, as well as complementarity between the efforts of the ISA and the sponsoring states. This article analyses the legal regime concerning monitoring and inspection of deep sea mining activities as it stands, evaluates the recent proposals and available options, and provides suggestions on the way forward.

Article
Traditional and socio-ecological dimensions of seabed resource management and applicable legal frameworks in the Pacific Island States
Author(s)
Klaas Willaert
Publication

Traditional and socio-ecological dimensions of seabed resource management and applicable legal frameworks in the Pacific Island States

Virginie Tilot, Bleuenn Gaëlle Guilloux, Klaas Willaert, Clement Yow Mulalap, Tamatoa Bambridge, François Gaulme, Edwige Kacenelenbogen, Alain Jeudy de Grissac, Juan Moreno Navas and Arthur Lyon Dahl
(2022) Perspectives on deep-sea mining : sustainability, technology, environmental policy and management. p.613-659

Traditional knowledge, customary marine management approaches and integrated relationships between biodiversity, ecosystems and local communities promote conservation and ensure that marine benefits are reaped in a holistic, sustainable and equitable manner as fostered by contemporary ocean governance. However, the interaction between traditional knowledge, the present scientific approach to marine resource management and specific regulatory frameworks has often been challenging. To a certain extent, the value of community practices and customary rules, which has provided an incentive for regional cooperation and coordination, is acknowledged in several legal systems of the Pacific Island States and a number of regional and international instruments, but this important interconnectivity can certainly be perfected. Based on recent multidisciplinary research (Tilot et al., 2021a; 2021b), this chapter presents a science-based overview of the marine habitats and activities that would be affected by deep seabed mining (DSM) in the Pacific region, along with an analysis of the traditional dimensions and their interconnectivity with the socio-ecological aspects of marine resource management. We then assess whether the applicable regulatory frameworks attach sufficient importance to these traditional dimensions of seabed resource management and cultural representation in the Pacific region. On basis of this analysis, we identify best practices and formulate recommendations with regard to the current regulatory frameworks and seabed resource management approaches to reconcile competing values of the Pacific communities and to sustain the health of the Global Ocean.

 

Book chapter
Cleaner production
Author(s)
Frank Maes, Zacharoula Kyriazi
Publication

Contributions of marine area-based management tools to the UN sustainable development goals

Journal of Cleaner Production Volume 330 (33), 1 January 2022 (34), 129910 (35)

Area-Based Management Tools (ABMTs) are spatial instruments for conservation and managing different forms of ocean use. A multitude of ABMTs exists in marine areas within and beyond national jurisdiction, ranging from tools for the regulation of specific human activities (e.g. fisheries, shipping, or mining) to cross-sectoral tools (e.g. such as marine protected areas, MPAs, and marine spatial planning, MSP). By applying expert elicitation and reviewing scientific and grey literature we evaluate the contribution of ABMTs to sustainable development goals (SDGs) as set out under the United Nations 2030 Agenda for Sustainable Development, including for SDG 14 that directly addresses the conservation and sustainable use of oceans, seas, and marine resources. We find that fisheries-related and conservation-related ABMTs, and MSP offer the greatest potential contributions to SDG 14 and to SDGs in general. Moreover, there is high complementarity and synergy among different ABMTs for most SDG 14 targets and other SDGs, with the exception of SDG target 14.6 Prohibit fisheries subsidies and SDG 7 Affordable and clean energy. We find that some ABMTs contribute directly to goal attainment, while others contribute in more nuanced or even unexpected ways. Furthermore, context-specific factors that relate to political and legal factors, enforceability, transparency, governance structure, and inclusivity are crucial for unlocking the full potential of ABMTs of attaining multiple SDGs, as shown through examples. The major challenge to face in the next decade is ensuring durable and equitable outcomes from ABMT implementation by coordinating ABMT initiatives established by different organisations and responsible authorities. It is also critical that outcomes are monitored and evaluated across environmental, social, economic, governance, and health dimensions, with indicators addressing management effectiveness and not only ABMT area coverage.

Journal
Safeguarding the interests of developing states within the context of deep-sea mining in the Area
Author(s)
Klaas Willaert
Publication

Safeguarding the interests of developing states within the context of deep-sea mining in the Area

(2022) Perspectives on deep-sea mining : sustainability, technology, environmental policy and management. p.661-680

In view of the principle of the common heritage of mankind and the duty to carry out activities in the Area for the benefit of mankind as a whole, the interests and needs of developing states must be taken into account. Diverse mechanisms were devised to make sure that developing states are able to participate in deep-sea mining activities in the Area and receive an equitable share of the benefits, but most of these measures are yet to be implemented and the recent trend of partnerships between private deep-sea mining companies and developing states might jeopardize the original objectives.

Book chapter
Book chapter Springer
Author(s)
Eric Van Hooydonk
Publication

Seaport PPPs in the EU: Policy, Regulatory, and Contractual Issues

In many ports of the European Union (EU), public port authorities routinely award terminal contracts to private operators who undertake substantial capital investment in port superstructure such as terminal surface layout, handling equipment, and warehouses. This well-nigh traditional collaboration can be considered a form of PPP avant la lettre. Partnerships where the private terminal operator also finances the port infrastructure, such as capital dredging, quay walls, or even breakwaters and locks, are rare in the EU. There are several reasons for this, including the strong role of the public sector in ports, the availability of sufficient public funding sources, and the usually satisfactory functioning of the classic combination of public infrastructure investment and private superstructure investment. Generally, the setting up of PPPs in EU ports does not seem to encounter major legal obstacles deriving from either Union or national law. However, port terminal contracts in the EU Member States take different forms. In the few cases of private infrastructure investment, models are lacking, and there is often experimentation, which entails risks. There is scope for EU institutions to issue a guidance instrument that offers practical, legal, and financial advice and explains best practices on both classic and innovative PPPs in ports.

(Part of the Competitive Government: Public Private Partnerships book series (CGPPP))

Book chapter