Date of Award

5-2024

Document Type

Dissertation

First Advisor

David VanderZwaag

Abstract

The impending biodiversity crises demands urgent, effective action. The transboundary nature of many marine species at risk makes international law a necessary tool in this endeavour. The United Nations Environment Programme and its Regional Seas Programme consists of 18 individual progammes spanning the globe and bringing together 143 countries in regional collaborations. This research project evaluates potential effectiveness of four programmes within the Regional Seas Programme relative to each other on twelve elements looking at legal and institutional structure, as well as regional implementation. The four case studies cover the North-East Atlantic, Mediterranean, East Africa, and Caribbean regions. These programmes were selected because they are geographically diverse, and they include binding legal obligations to protect marine biodiversity. In order to provide context, the discussion starts with a brief overview of the threats facing marine species, as well as scientific tools used to evaluate extinction risk. It then traces the historical development of international law related to species at risk. This overview shows that international law has a relatively long history of protecting some species, especially marine mammals. In order to position conservation of marine species within international law, a review of fisheries-related instruments, conservation and international trade in wildlife conventions, habitat protection conventions, and instruments addressing sustainable development follows. Research on the effectiveness of international environmental agreements indicates that these instruments positively contribute to the achievement of their objectives, although there is room for improvement. This overview demonstrates that marine species at risk are subject to a complex mosaic of legal frameworks outlining state obligations and commitments. The analysis of the four case studies completes this research project. The results show that all four of the reviewed programmes have the legal and institutional structures needed to protect and recover marine species at risk. However, regional implementation is lagging in particular in areas such as recovery planning and compliance review. Proposed future directions include improved transparency and accountability, integration of social, economic, and environmental concerns, and establishment of regional ocean governance networks.

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