Adapting international law to novel conservation requirement
The revision of the Protocol on Specially Protected Areas to the Barcelona Convention, concluded in 1995, allowed to include the possibility for Mediterranean States to extend place-based protection to the Mediterranean high seas. This inclusion was proposed by legal experts who had been involved in the Pelagos Sanctuary negotiations, and eventually led to the listing of the Pelagos Sanctuary as a SPAMI.
Simultaneous revision of the Barcelona Convention and its Protocols; coincidence of Pelagos Sanctuary negotiators with Barcelona Convention revision negotiators.
This building block was in large part serendipitous, as it wouldn't have been possible to plan it ahead of time. However it demonstrates the advantages of ensuring that there is cross-cutting communication among the conservation and policy actors at the regional level.
Working with the best available information/knowledge

When undertaking a planning or zoning task, rarely does a planner have access to all the information or knowledge that they would like for the entire planning area. Whether it might be more consistent ecological data across the entire planning area or a more complete understanding of the full range of social and economic information, a planner is often faced with the following choices:

  1. Waiting until they have more data (with the ultimate aim of accumulating ‘perfect’ information across all the required datasets); or
  2. Working with the best available scientific knowledge and accepting that while it is not perfect, it is adequate provided the deficiencies of the data are understood (by the planners and the decision-makers) and clearly explained to the public and to the decision-makers. Insufficient knowledge about marine ecosystems can impede the setting of meaningful objectives or desirable outcomes when planning. David Suzuki in 2002 questioned how can we effectively plan and manage when “… to date all we have actually identified are ... about 10–20% of all living things”, and “… we have such a poor inventory of the constituents and a virtually useless blueprint of how all the components interact?’’

A good understanding of the wider context within which the MPA is situated is an important factor when planning. Due to the levels of ‘connectivity’ in the marine environment and the biological interdependency upon neighbouring communities, an MPA can only be as ‘healthy’ as the surrounding waters. Even a well-planned MPA will be difficult to manage if the surrounding waters are over-utilised, polluted or are themselves inadequately managed.

  1. The reality is if you wait until you have ‘perfect’ information for planning, you will never start.
  2. Recognise that marine areas are dynamic and are always changing; and with technological advances, the levels and patterns of use are constantly changing, as are the social, economic and political contexts, so having perfect data is realistically an impossible aim.
  3. In virtually all planning situations, it is better to proceed with the best available information than to wait for ‘perfect’ data. However, if new data becomes available during the planning process, then incorporate it rather than ignore it.
  4. Those who are frequently on the water (like fishers and tourist operators) often know as much (if not more) about the local environment than the researchers – so draw upon their knowledge and use it to augment the best available scientific data.
  5. When resources are limited, seeking new data should focus on providing information that will be useful for ongoing management.
Relevance of international conventions for MPA management
Australia is a signatory to a wide range of international conventions/frameworks relevant to MPAs; the main ones are listed in Resources below and include global and regional conventions and treaties as well as bilateral agreements. The fundamental basis for international law and conventions is mutual respect and recognition of the laws and executive Acts of other state parties. • Note the term ‘state party’ is used in many international conventions instead of ‘nation’ or ‘country’ – but don’t confuse the term with federal states or territories. Some of the obligations arising from these international conventions have been incorporated into Australian domestic law (e.g. some provisions of key international Conventions addressing significant matters such as World Heritage, are incorporated into Australia’s national environmental legislation, the Environment Protection and Biodiversity Conservation Act 1999). How much international conventions impact on various countries will vary according to the regulatory, legal and political context of the country in question, whether that country is a party to the relevant conventions or agreements, and whether these have been implemented at the national level.
• The range of international instruments, in conjunction with domestic (national) legislation and to a lesser extent, Queensland (State) legislation, collectively give the GBR very strong legal protection. • International law may be relevant to interpreting domestic (national) legislation and may assist if there is an ambiguity in domestic law.
• Once a country has signed and ratified an international convention, there are international obligations with which that country must comply; however, enforcement of non-compliant nations by the global community is not easy. • The level and detail of reporting on international obligations varies; some examples are shown in ‘Resources’ below. • The ‘precautionary approach’ has become widely accepted as a fundamental principle of international environmental law and is now widely reflected in Australian environmental law and policy. • Some of the issues facing coral reefs, such as climate change, are global or trans-boundary and are addressed in international conventions – however while those issues may be global, many also require local level solutions for effective implementation.
Improving Sanctuary policy and management practice
As the concerned governments started implementing the Agreement during successive Meetings of Parties, it had become clear that the countries had no intention of creating a proper management body for the Pelagos Sanctuary, and that, as a consequence, management action was insufficient to contrast the existing threats to the area’s cetaceans (shipping, disturbance, noise and chemical pollution, etc.). This stimulated the NGO and scientific communities in France and Italy to exert pressure on government agencies and promote awareness action through the media and other means, the communication of scientific results, and the dissemination of a petition to increase the Sanctuary conservation effectiveness.
Engaging NGO community
political will for MPA designation is not necessarily followed by sufficient commitment on ensuring that the MPA achieves its goals; dropping the initial Biosphere Reserve proposal was a mistake.
Developing and implementing an international agreement
After the signature (Brussels, 1993) of a joint declaration leading to the designation of a marine mammal sanctuary by the ministers of the Environment of France, Italy and Monaco, negotiations for a trilateral Agreement started. After several negotiation meetings, an agreement text was developed and the Agreement was signed in Rome in November 1999. The Agreement came into force in 2002.
Political support by the Prince of Monaco and others.
More stringent agreements leading to implementation of management plans and proper funding commitments.
Developing a proposal for the MPA designation
Based on a decade of ecological data collected since the early 1980s, emphasizing the ecological importance of the area for marine mammals, a proposal (“Project Pelagos”) prepared by Tethys in cooperation with Europe Conservation (an Italian NGO), envisaging the ecological, socio-economic and governance aspects of establishing an international MPA in the area. The proposal was presented on 2 March 1991 to Rainier III, Prince of Monaco.
“Progetto Pelagos” was endorsed and strongly supported by the Rotary Club (Milano, Monaco, St. Tropez), which created a conduit with the Monaco Principality and organised the March 1991 meeting during which the proposal was presented to the Prince of Monaco.
Involving many players from several countries was crucial to the success of achieving an MPA. In retrospect, getting formal agreement that a management body would be properly funded and put in place and that the area would focus fundamentally on conservation with specific directives is essential.
Creating media and popular momentum
Collection and publication of scientific discoveries on the ecological importance of the Ligurian Sea and the unusual level of cetacean mortality attributable to driftnet fishing; engagement of the media; circulation of a petition to the Italian Government to stop driftnet fishing in the area with the collection of large number of signatures.
Onset of ecological field research in Italy and France in the mid-1980s promoted by scientific and advocacy NGOs; onset of a volunteer-based cetacean stranding monitoring network which revealed the extent of cetacean mortality; attention of the general public to marine mammal conservation in the 1980s; availability of the media to cover the story.
Press can help create momentum at governmental level.
Capacity-building of local people in agroforestry
Agricultural technicians formed the population in the sustainable use of land, tree planting, charcoal production and crop management.
Only available in French. To read this section in French, please download the document "Blue Solution Template in French: ‘Réhabilitation des espaces côtiers par le reboisement agro forestier” from the bottom of this page, under 'Resources'.
Only available in French. To read this section in French, please download the document "Blue Solution Template in French: ‘Réhabilitation des espaces côtiers par le reboisement agro forestier” from the bottom of this page, under 'Resources'.
Peer-to-peer learning exchange

Fishers from target communities visit other communities already implementing temporary fishery closures or other marine management strategies. By learning directly from the real experiences of fishers from similar backgrounds to themselves, target communities realise that this is something that they can adapt to their own contexts. Experienced communities often recount not only the benefits but also the challenges that they have faced in implementing community management and thus allow new communities to prepare for, or even avoid these challenges themselves.

- Funding to support a fisher-fisher exchange - An initial management interest in the visiting/target community - Key fishers representatives / respected spokespeople from visiting communities to lead discussions in their home communities - An honest and supportive hosting community with relevant experience - Planned follow up after the exchange

Follow up after a peer exchange trip is crucial. The supporting organization must ensure that participants have understood key messages from the host community, synthesized what they’ve learned and are comfortable leading discussions in their home communities. Participants in the exchange trip should be community members who are legitimate in the eyes of fishers (i.e. fishers themselves) and respected. It is also helpful to have participants who are known as being sceptical and asking difficult questions –these types of people will often be the hardest to convince and the first to oppose the establishment of a closure, so having them in support of the closure from the start is a big advantage.

Certification events

This building block is concerned with establishing a process for the use of the instruments and tools in assessing the competence of professionals and their suitability for certification. Such a process is known in WIO-COMPAS as an ‘event’, and starts with a call for applications from suitable professionals working at the appropriate level for the certification level focus of the event. The application process provides an initial screening to ensure as far as possible that the applicants have a very reasonable chance of certification. Applicants who are successful become ‘candidates’ and are invited to a 4 day event where the interactive assessment instruments are employed by experienced assessors. Prior to the event portfolios and the case studies are developed by the candidates. Assessors are appointed, following a rigorous selection and training process, and at Levels 1 and 2 each is assigned 3 or 4 candidates, whom they mentor through the process. At Level 3 the assessors work in concert as a panel. The final decision on whether to certify a candidate is not that of the assessors, but of the Certification Board acting on their recommendation.

  • Appointment of appropriately experienced, qualified and trained assessors with a good tacit knowledge of the field and/or assessment processes
  • Assessors acting as supportive mentors, rather than as judges
  • Inclusion of a rigorous application process
  • Provision of clear guidelines on all aspects of the process for applicants/candidates
  • Inclusion of a clear appeals process for dis-satisfied candidates
  • Established and trusted network which the Certifying Bodies are able to access for engaging organizations to send their staff to Events.

The quality and commitment of the assessors is paramount. The relationship developed between assessors and candidates needs to be both collegial and disciplined, maintaining the necessary distance while providing the necessary support. In WIO-COMPAS it has been agreed that assessors should preferably not be from the same institution as any of their candidates. While single assessors can have sufficient capacity to assess at Levels 1 and 2, Level 3 assessment requires a panel of specialists working in concert. Assessors, while having individual responsibility for a pool of candidates (except at Level 3), should frequently interact with each other and share the progress of their candidates. Ultimately the recommendations for certification or not, are submitted as a collective decision. Adequate time must be allowed for each stage in the process from initial applications, and for application of all instruments at the event.