Authors: Prakash Sharma and Partha Pratim Mitra*
The rampant consumption of Earth for its resources has caused massive alterations to its responsive ecosystem. Humans desires have separated themselves from the mutual well-being of the other living and non-living entities of the planet. Human needs following various generations of industrial revolution has only resulted in accumulation of piles and piles of waste and pollution. The inefficient development model has invaded the ecological habitats of “others”.
Every year June 08 is celebrated as World Ocean Day. During the 1992 Earth’s submit, Canada proposed the concept of a World Ocean Day. Since then, there have been remarkable measures adopted to this project of Ocean protection. The focus of this year’s Ocean Day celebration centers around the spirit of “together we can”. humanity finds itself confronting with many issues including COVID-19 pandemic, climate change and poisoned plastic. The rise of contagious diseases like COVID-19, SARS, MERS, Zika virus, Ebola etc. are all result of self-consuming model. Perhaps, it reveals the manner in which development has only resulted in manipulating animals and plants, with no integrity or care for their health. In fact, the response during pandemic is no different. For plastic industry, pandemic is seen as an advantage to push suspensions or rollbacks of hard-won environmental measures of reducing plastic pollution. The argument is to follow caution and ensure that the pandemic does not results in epidemic. It in these lines the present writeup outlines various legal instruments entered amongst nation-states; and thereby argues for re-evaluating existing human practices to ensure crucial changes to the health and sustenance of marine ecosystem.
Early Initiative: Convention on Fishing and Conservation of Living Resources of the High Seas, 1958
The Convention of Fishing and Conservation of Living Resources of the High Seas, 1958 is an agreement that was designed to solve through international cooperation the problems involved in the conservation of high seas, considering that because of the development of modern technology some of these resources are in danger of being overexploited. The Convention took place at Geneva on April 29, 1958 under the auspices of United Nations forproblems involved in the conservation of the living resources of the high seas due to development of modern techniques for the exploitation of the living resources of the sea and man’s ability to meet the need of the world’s expanding population for food which has exposed some of these resources to the danger of being over-exploited. The original convention consisting 22 Articles mainly restricting fishing activities of member countries within their territorial seas. It entered into force on 20 March 1966 and at present there are 38 signatories to the convention.
Conventions for Prevention of Marine Pollution during 1970s
The legal framework was also structured to control the marine pollution and conserve the wildlife in marine ecosystem during the period of 1970s. The marine pollution awareness generated after the industrial development in the western countries and mainly after the disasters of Torrey Canyon, a Liberian oil vessel, caused huge damage in marine life of British coasts in 1967, and Santa Barbara near California suffered a huge ecological loss after a blow out of an oil well in 1969. People realized the necessity of strict provision to control oil pollution to protect the marine life and Oslo Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircrafts, 1974(Oslo Convention)was introduced to cope with marine pollution in international level. It modified previous Convention for Prevention of the Pollution of the Sea by Oil, 1954and subsequent international efforts were often triggered by major oil spills such as the accidents involving the Torrey Canyon in 1967, the Amoco Cadiz in 1978, the Exxon Valdez in 1989 and the Prestige in 2002.
The Helsinki Convention on the Protection of the Marine Environment of the Baltic Sea Area, was originally signed in 1974,for the protection of the Baltic Sea from all sources of pollution from land, air and sea and also to take measures on conserving habitats and biological diversity and for the sustainable use of marine resources. The original Convention was signed by Denmark, Finland, the German Democratic Republic, the Federal Republic of Germany, Poland, Sweden and the Union of Soviet Socialist Republics, and subsequently was updated in 1992 by Estonia, the European Union, Germany, Latvia, Lithuania, Poland, Russia and Sweden.
Barcelona Convention for the Protection of the Mediterranean Sea Against Pollution, 1976and came into force in 1978, was the legal framework implemented through the Mediterranean Action Plan (MAP), which aims to protect the Mediterranean Sea basin. Three additional legal instruments i.e. Protocol on pollution from land-based sources, 1980, Protocol concerning Specifically Protected Areas, 1982 and Offshore Protocol, 1994 were adopted by this convention. The contracting parties to the Barcelona Convention included measures to prevent the deterioration of the Mediterranean coast in 1995 and now it is known as Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean came into force on July 9, 2004.
Convention on the Conservation of Migratory Species of Wild Animals, Bonn, 1979 (CMS) assumes relevance in the context of marine migratory species and its Tenth Meeting of the Conference of the Parties, adopted about “marine debris” on 2011 Bergen, Norway. Here, marine debris negatively impacts substantial numbers of migratory marine wildlife, including many species of birds, turtles, sharks and marine mammals that are threatened with extinction;
Major pollution accidents in the recent past have created another exception to the exclusiveness of flag State jurisdiction on the high seas, in favour of States whose coastline is threatened with serious pollution damage from a foreign shipping casualty. This right gained rapid recognition after the British action against the American tanker, the Torrey Canyon in 1967 which led to the adoption of the International Convention on Intervention on the High Seas, 1969 in case of Oil Pollution Damage, and ultimately found entry into theLaw of the Sea Convention, 1982 (UNCLOS).
The ship borne wastes generated during normal operation are regulated bytheOslo Convention. But this Convention is not globally applicable and is limited essentially to the North-East Atlantic area. The banned dumping wastes cannot be regulated by the Basel Convention for Transboundary movement of Hazardous Wastes, 1989. In this regard, the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matters, 1972 (London Convention), is an important international instrument for protection of marine resources and marine biodiversity against the disposal of wastes into the seas.
In 1983, Pacific Island nations proposed an immediate ban on the dumping of nuclear waste into the sea. They made their proposal before the authority established under the London Convention for regulating the sea pollution caused by dumping. The London Convention is a global Convention and is wider than the Oslo Convention. After the 1996 London Protocol, the dumping of all wastes are prohibited and it completely prohibits incineration at sea and the dumping of industrial wastes.
UN Convention on the Law of Sea, 1982
The UNCLOS is the foundation for the modern law relating to international fisheries.It conferred on the nationals of all states the right to engage in fishing on the high seas but this right is subject to their treaty obligations and the rights and duties as well as the interests of the coastal states. All states have the duty to take or to cooperate with other states in taking measures for their respective nationals as may be necessary for the conservation of the living resources of the high seas.
The UNCLOS specifically addresses some categories like highly migratory species, namely tuna, marlin, sailfish, swordfish, dolphin, shark and cetacea listed in Annex I. Then marine mammal’s category includes 12 species including great whales which were previously hunted near extinction, as well as small cetaceans, dolphins, porpoises, seals, dugongs and marine otters. Next categories, Anadromous species which are spawned in freshwater rivers but spend the major part of their lives at sea passing through territorial sea, Exclusive Economic Zone and High Seas and Catadromous species are spawned at sea and send major part of their lives in rivers and lakes.
In particular, the UNCLOS attributes jurisdiction over conservation and use of marine living resources within the various marine zones, and also sets forth certain basic conservation principles applicable therein, within the territorial sea, states have traditionally enjoyed exclusive rights to fisheries as part of the exercise of sovereignty there. In Section 2 of Part IX (Articles 116 to 120) deals with the provisions relating to ‘Management and Conservation of Living Resources of the High Seas’ and Part XII (Articles 192 to 237) totally deal with ‘Protection and Preservation of the Marine Environment’ including Enforcement, Safeguard and International rules to prevent and control marine environment pollution.
Initiatives during 1990’s and onwards
In a ministerial meeting in September 1992, representatives of Oslo Convention and Paris Convention on the Prevention of Marine Pollution from Land-based Sources, 1974 adopted a new Convention for the Protection of the Marine Environment of the North-East Atlantic, 1992 also known as OSPAR Convention.
Likewise, the Washington Declaration on Protection of the Marine Environment from Land-based Activities held on November 1995 for affirming the need and will to protect and preserve the marine environment for present and future generations and also reaffirming the relevant provisions of Agenda 21 and the Rio Declaration on Environment and Development, 1992. This process included among others a week-long meeting of government designated experts, focusing on the Montreal Guidelines for the Protection of the Marine Environment from Land-Based Sources of Pollution, 1985.
Recently, International Maritime Organization amended the Annexure V of International Convention for the Prevention of Pollution from Ships (MARPOL) dealing with “Prevention of Pollution by Garbage from Ships” which will prohibit the discharge of all garbage from ships into the sea from January 1, 2013.In March 2019, The United Nations Environment Programme (UNEP) adopted Protection of the Marine Environment from Land-Based Activities, Nairobi for retaining the high quality of the coastal and marine environment for ecosystem functions and services in support of the 2030 Agenda for Sustainable Development Goals to conserve and sustainably use oceans, seas, and marine resources. It has the plan to implement Bali Declaration, 2018 and Manila Declaration, 2012 for the Protection of the Marine Environment from Land-based Activities which identified nutrient, wastewater and marine litter as priority source categories of marine pollution.
Indian Position on Prevention of Marine Pollution
There is no specific regional convention for South Asian Seas among India, Bangladesh, Pakistan, Sri Lanka, Maldives. The UNCLOS is the only primary legal instrument for guidance. But India ratified various marine safety conventions and has amended the Merchant Shipping Act, 1958 several times to develop and maintain Indian shipping law in the line of international mercantile marine law and Part XB deals with ‘Civil liability for oil pollution damage’.The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 under section 15(2)(e) has vested the power to the Central Government to make rules preservation and protection of the marine environment and prevention and control of marine pollution for the purposes of this Act.The Coastal Regulation Zone Notification, 2018 has also provision for prevention of coastal pollution.
Marine Pollution: Concerns for our Oceans
The United Nation estimates that 13 million tons of plastic are dumped in the sea each year and that half of the plastic produced globally is for single-use items. According to a WWF Report, “if just 1% of the masks were disposed of incorrectly and dispersed in nature, this would result in as many as 10 million mask per month polluting the environment.” The Report further stipulates that “considering that the weight of each mask is about 4 grams, this would result in the dispersion of more than 40 thousand kilograms of plastic in nature.”
Does it mean the biodegradable plastic would act as the better solution? Many suggests that more than plastic solutions, there is a greater need for all waste to be disposed of properly. It is argued that the exposure of biodegradable plastic to different environments showed that “some items disappeared quickly, while you could still shop in some of these bags after four years in the sea. By the time they get to the sea, it’s too late.”
Ocean for time immemorial is the source of human prosperity and development through navigation, research, fishing and many others. Protection of oceanic resources and marine ecosystems are very necessary for human’s own survival. As the world is engulfed with unmindful response to COVID-19 pandemic, one could fairly assume that there will be ‘still talks’ and ‘no response’. Earths capacity to support human desires are limited and the talks of nature’s response are somewhat misdirected. For instance, for all the development in science and awareness formed against use of plastic, the COVID-19 pandemic experience only puts us back to square one. It yet again proved that we depend on plastic. Can world afford to move backwards? Present times have conveyed us that there is a greater need for collective efforts in order to bring sustainable alternatives. Yes, ‘together we can’, but, if we are serious and want to take thoughtful actions ‘it is now’!
*The author has written three books on environmental laws.
Promoting Green Finance in Qatar: Post-Pandemic Opportunities and Challenges
The recent COVID-19 pandemic had significant implications for both national economies and the global financial system, in addition to hindering the achievement of the sustainable development goals agenda. The UNDP estimates global human development—a combination of education, health, and living standards—could fall this year for the first time since 1990, which highlights how the effects of the pandemic present both an enormous challenge and tremendous opportunities for reaching the 2030 Agenda and the Sustainable Development Goals (SDGs).
With the additional challenges arising from climate change, governments have committed to several policy measures which promote a green recovery to rebuild their economies, while benefiting the people and the planet. The Organisation for Economic Co-operation and Development (OECD) estimates that the public resources committed by governments to support a green recovery amount to at least USD 312 billion. These measures present tremendous opportunities for green finance in general, and Islamic green finance in particular, in the context of Muslim-majority countries.
The State of Qatar, in light of its National Vision 2030 and in order to enhance the diversification of its economy away from hydrocarbon, has taken several measures to mitigate climate change. These include increasing the use of solar energy to more than 20% of its energy mix by 2030, the optimal use of water, improving air quality, waste recycling, increasing green spaces, in addition to the country’s commitment to organizing the first “carbon neutral” tournament featuring the use of solar-powered stadiums and water and energy-saving cooling and lighting technology. The State is also a signatory of the Paris Agreement on Climate Change and supports a number of global initiatives in relation to climate change mitigation.
All these initiatives could be funded via green finance. In this regard, there are four global trends in the financial industry that the State of Qatar can leverage to promote green finance for green recovery:
Growth of SRI and ESG awareness:
Socially responsible investing (SRI) and environmental, social, and governance (ESG) investing are two of the fastest growing investing areas globally. Both are driven by the increasing awareness of social and environmental responsibility. According to the Global Sustainable Investment Alliance, global sustainable investment reached $30.7 trillion in the five major markets at the start of 2018, a 34 percent increase in two years. These include Europe, United States, Japan, Canada, Australia, and New Zealand. Developing green finance instruments and products can attract a growing SRI investor base that seeks to align social and environmental values with its investment portfolios.
Upward trend of Islamic Finance:
According to the Islamic Financial Services Board (IFSB), the total worth of the Islamic Financial Services Industry across its three main segments (banking, capital markets, and takaful) is estimated at $2.44 trillion in 2019, marking a year-on-year 11.4% growth in assets in US dollar terms. According to Thomson Reuters, the industry is projected to reach $3.8 trillion by 2022. Qatar is one of the global Islamic finance hubs with Islamic finance assets representing more than 20% of the local financial system’s assets. With the recent development of Islamic green finance, Qatar has the opportunity to position itself as a sustainable finance leader in the region by promoting synergies between Islamic and green finance growing markets.
Financial innovation for sustainability:
The United Nations Conference on Trade and Development (UNCTAD) highlights that achieving the Sustainable Development Goals (SDGs) will take between $5 and $7 trillion, with an investment gap in developing countries of about $2.5 trillion and the additional net investment required to implement renewable energy solutions standing at $ 1.4 trillion, or about $100 billion per year on average between 2016 and 2030, according to the International Renewable Energy Agency (IRENA). Mitigating this funding gap requires an engaged private sector to make green investments. That is why several green instruments and products were developed across the various segments of the financial industry. These include green retail banking products, including green loans and green mortgages, green corporate and investment products, green project finance, and green venture capital and private equity, as well as green capital market instruments, like green investment funds, green bonds, and sukuk.
Integration of sustainability objectives into national strategies:
Several governments around the world have integrated sustainability objectives and green finance roadmaps into their national strategies, either through a top-down approach, whereby green finance frameworks and taxonomies are harmonized at the country level (as with China), or via market-led collaborative actions. In addition, to overcome private sector investment barriers, such as high up-front costs, long investment timelines, and higher perceived risks, several countries have put in place incentives in the form of subsidies and tax exemptions. The State of Qatar can leverage these experiences through collaborations and partnerships to develop a unique green finance model in the region
Green Sukuk: A Fast Growing Market
Green sukuk is an innovative instrument for financing green infrastructure. It has the potential to become a new asset class targeting both Islamic and socially responsible investors.
Since the issuance of the first green sukuk in 2017 in Malaysia, the market has grown significantly, with twelve issuers in Indonesia, Malaysia, and the United Arab Emirates tapping the market, in addition to the Islamic Development Bank. About $7.6 billion in four currencies (EUR, IDR, MYR, and USD) was raised up to September 2020, with tenors ranging from two to 21 years. The amounts raised were allocated to green construction, energy efficiency, and clean transportation projects.
Promoting Green Finance in Qatar
Although the green finance market is still in an early stage of development in the country, the market has witnessed several initiatives by local institutions that might pave the way to the development of a more dynamic market. In September 2020, Qatar National Bank (QNB) issued the first ever green bond in Qatar, a $600 million tranche, under its MTN Program, with a maturity of five years under its established Green, Social, and Sustainability Bond Framework.
In addition, Qatar Stock Exchange (QSE) introduced an ESG Guidance in 2017 to assist listed companies wishing to incorporate ESG reporting into their existing reporting processes.
While Bond and sukuk issuance in Qatar reached $28 billion in 2019, the market is largely driven by government issuance and commercial banks for corporate issuances, with the exception of Ezdan Sukuk in 2016 and 2017. The development of green sukuk in the country with the enabling ecosystem could facilitate corporate sukuk issuance, thus enhancing market liquidity.
In conclusion, promoting a green recovery in line with the country’s economic diversification objectives and climate mitigation strategies will require the development of an enabling ecosystem for the development of green finance in Qatar. Developing a pipeline of bankable green projects at the country level, market awareness, and promoting synergies between Islamic and green finance will provide the basis for further innovation and policy action, such as green labels, frameworks, and incentives.
2021 will be defined by the more long-term crisis facing humanity: Climate change
Rather than low-tech and often unworkable solutions (reduced or no travel, mass vegan diets) governments are increasingly embracing technology to help us understand and influence the climate – rather than merely respond to it. This should become the norm for public authorities across the world.
China’s weather modification programme, for example, could be a lifeline for workable solutions to climate change globally. The technique, known as cloud-seeding, uses silver iodide and liquid nitrogen to thicken water droplets in the cloud, leading to increased rain or snowfall.
The technology has been used to prevent droughts and regulate weather before major events, like in the run up to the 2008 Beijing Olympics.
The Chinese cabinet has announced that its weather modification programme will cover half the country by 2025, with the aim to revitalize rural regions, restore ecosystems, minimize losses from natural disasters and redistribute water throughout the country.
And China’s ambitious ‘Sky River’ programme could eventually divert 5 billion cubic meters of water annually across regions, which could protect millions of people from the effects of drought and water scarcity.
Although critics have, without evidence, described these projects as ‘weaponization of the weather’, the humanitarian and development potential is huge.
Necessity is the mother of invention, and this is truer than ever with regards to the climate. The world faces a climate-change induced water crisis, with 1.5 billion people affected globally.
The UN predicts that at the current water usage levels, water scarcity could displace 700 million people by 2030.
Carbon emissions are unlikely to be eliminated in high growth economies in regions like Asia, meaning that the world must develop a way to manage emissions’ effects on the climate.
Whilst it is true that the basic solutions of eating less meat, cycling to work and cutting back on international flights can help to curb our carbon output in the long-run, it does nothing to help those who suffer from flooding or water scarcity today.
Ultimately, technology is an essential part of the solution.
Big Tech is leading the charge in tackling climate change through the use of Big Data and machine learning. In November 2019, a group of data scientists published a paper entitled ‘Tackling Climate Change with Machine Learning’. The paper laid out 13 different applications of using machine learning to tackle the impacts of climate change. One such application was using machine-learning to predict extreme weather events.
Such an application is already being put into action. For example, Bangladesh is one of the most flood-prone countries in the world; approximately 5 million people were negatively affected by flooding last year alone. In order to help combat this, Google teamed up with the Bangladesh Water Development Board and the Access to Information (a2i) Programme to develop a flood notification app that is approximately 90% accurate.
The app, which is enabled by AI flooding simulation, provides the population with timely, updated, and critical information that can help users make informed decisions on the safety of their families and friends.
The same technology has been used in both India and South Africa, and has the potential to save thousands of lives and livelihoods. It is these sorts of innovations that we must rely on to help those who are most vulnerable to the impact of climate change.
It is not only cloud-seeding and weather prediction technologies that will provide humanity with a route out of its biggest existential threat. Breakthrough battery technology, green hydrogen, 5G-based smart grids and carbon-negative factories are set to become commonplace in our fight against rising CO2 levels.
As a global society, we must set our political divisions and some critics’ technophobia aside, and step forward in a spirit of international collaboration.
Similarly to how the pandemic showed the need for united global action, climate change will do the same. And just as technology and science was a key part in how the pandemic was brought under control, climate change can only be addressed through tech-based solutions.
The solution to marine plastic pollution is plural, and plastic offsetting is one of them
Due to growing concerns around environmental protection, businesses, individuals and governments have been looking for solutions that can be largely implemented to close the tap on plastic pollution.
In the last five years, businesses have strengthened their Sustainability Approach to acknowledge the need to take responsibility for their plastic production and consumption.
If targets have been defined and strong policies followed them to ensure high recycling rates of plastic products, a problem remains. What is the solution for low-value non-recyclable plastics?
This is where plastic offsetting enters the scene. As a derivative of the Carbon Offsetting concept, where trees are planted or protected to capture CO2 emissions, Plastic offsetting also known as Plastic Neutralization, enables companies to take responsibility for their plastic footprint.
Put simply, neutralizing means funding the collection and treatment of plastic, equivalent to the plastic impact of the business. Therefore, giving it the opportunity to compensate for every ton of plastic it has produced by ensuring there is one ton less in the environment.
From linear to Circular Economy Itis also a breakthrough in our traditional model of production, the linear economy. By extending the producer responsibility (EPR), this concept allow to build the bridge that lead to the ideal model, the circular economy, where no waste remains.
This innovative solution brings with it diverse positive impact. To the environment, by protecting ecosystems from plastic pollution, reducing landfilling and CO2 emissions. A strong social impact, by local communities by empowering local communities with work and better incomes. But also businesses, by becoming more sustainable with the reduction of the plastic footprint and a strengthen corporate social responsibility.
TONTOTON, a Vietnamese company, based in Ho Chi Minh City has succeed to connect all stakeholders to create a new market for low-value non-recyclable post-consumer plastic, on the scheme of circular economy.
TONTOTON Plastic Neutralization Program
Following the idea that the informal sector achieve to collect and recycle large amount of plastic in poor waste management areas, Barak Ekshtein, director of TONTOTON decided to look closer to the problem. In fact, a study shows that ‘97% of plastic bottles were collected by informal waste pickers.
The problem therefore does not lie in the logistics but in the price. By giving a market price to non-recyclable plastic, it allows waste collectors to collect and treat waste and thus avoid plastic pollution.
TONTOTON currently works in Southern Vietnamese Islands, Hon Son and Phu Quoc, and has already few tons of low-value plastic waste. To do so, it collaborates with local waste-pickers and thus provide them better incomes. The program focuses on preventing ocean plastic by following the Ocean Bound Plastic Certification. Their activities are audited by a 3rd party control body, the internationally recognized company, Control Union.
To treat the waste, TONTOTON partners with a certified cement plant, through co-processing, to valorize waste as an alternative energy and raw material. “Our system can solve two issues. Plastic is made of fossil fuels and contains more energy than coal. Thus we can replace industrial coal consumption with non-recyclable plastic waste. The plastic will not end up in landfill or oceans, therefore reduce levels of coal consumption and thus also CO2 emissions.”, says Barak Ekshtein.
Businesses engaged in their program can claim plastic neutrality on the amount of plastic neutralized to share their sustainability efforts. Moreover, indicate it on their neutralized product by bearing the “Plastic Neutral Product” label.
ILO and LinkedIn launch data insights partnership
The International Labour Organization (ILO), the Partnership for Action on Green Economy (PAGE) and LinkedIn have launched a two-year data...
The leading causes behind today’s unstable Iraq
Nawshirwan Mustafa, Southern Kurdistan’s leader, writer, historian and a prominent head of the region’s leading opposition party who passed away...
Sudan: 250 killed, over 100,000 displaced as violence surges in Darfur
A sharp uptick in intercommunal violence in Sudan’s Darfur region has forced more than 100,000 people to flee their homes...
South Korea’s Potential for Global Influence is Weakened by its Mistreatment of Women
In recent years, the Republic of Korea has become a pop culture juggernaut. Eight years after “Gangnam Style” went global,...
COVID ‘vaccine hoarding’ putting Africa at risk
Africa is in danger of being left behind in the rollout of COVID-19 vaccines as countries in other regions strike...
Is Sino-Russian partnership posing a strategic threat to U.S. and democracy worldwide?
Despite significant divergence between China and Russia in both regional and international arenas, the countries have striven to expand their...
Middle East futures: Decade(s) of defiance and dissent
If the 2010s were a decade of defiance and dissent, the 2020s promise to make mass anti-government protests a fixture...
Middle East3 days ago
An Enemy Among Us
South Asia2 days ago
Arnab Goswami’s whatsApp leaks show power of propaganda
Middle East2 days ago
Post Trump Palestine
Economy3 days ago
U.S. Trade Deficits Increase from Covid
Eastern Europe3 days ago
Thorny path towards peace and reconciliation in Karabakh
Economy3 days ago
Indian Farmers Protest Against the Parliament’s Encroaching Bills
Arts & Culture3 days ago
World Economic Forum Announces 2021 Crystal Award Winners
Terrorism2 days ago
Global War on Terror: Pakistan’s Role and Evolving Security Architecture for sustainable peace