The Ocean Law Group is Charting the Course for Ocean Justice

Since January, an interdisciplinary group of scholars has been meeting as part of a reading group to explore the concept of justice in relation to the marine environment and coastal communities.

This workshop served as a culmination of their efforts, uniting participants to reflect on the challenge associated with ocean justice. Held at two iconic venues, the Maritime Museum and Aquarium and the historic Ågrenska Residence, the event fostered discussions on how different issues in marine governance, including, e.g., marine biodiversity, resource distribution, and conflicting interests, can be approached from the perspective of justice and equity.

Day one set the tone with a guided tour of the Maritime Museum and Aquarium, a perfect starting point for the conversations to come. Participants immersed themselves in Gothenburg’s maritime history and learned about the delicate ecosystems housed within the Aquarium.

The heart of the event unfolded on day two, kicking off with welcoming remarks and a keynote speech by Professor Chris Armstrong from the University of Southampton. Professor Armstrong highlighted the dire consequences of biodiversity loss in our oceans and the urgent need for conservation policies that do not marginalize vulnerable communities. His speech addressed essential principles to consider in fostering ocean justice, including the contribution to the problem and the ability-to-pay principles. His address set the stage for a day of intellectual engagement and debate.

The first panel, Justice for the Marine Environment, delved into the frameworks needed to protect ocean resources and prevent marine pollution. Thought-provoking presentations from scholars, such as Johanna Gipperth from the University of Gothenburg and her team from Nelson Mandela University, raised the issue of cognitive justice in deep-sea mining, asking whose knowledge counts in ocean governance. This was followed by discussions on the elements of justice in regulating greenhouse gases from ships, presented by Niels Krabbe and Gabriela Argüello from the University of Gothenburg. Meanwhile, Snjólaug Árnadóttir from Reykjavik University examined the complex dynamics between whaling and ocean justice, questioning whether current International and Icelandic whaling practices truly reflect equitable conservation of ocean resources. Finally, Tanya Wagenaar and Niels Krabbe shared their views on benefit sharing within the BBNJ Treaty and the rationale behind excluding intellectual property provisions from this instrument.

After a vibrant Q&A session, participants took a brief break before the second panel, Global Goals and Local Injustices: Blue Economy and Spatial Governance Approaches. This session critically examined the tensions between global conservation targets and the needs of local communities. Carolijn van Noort and her team from Aalborg University presented their research on the Interplays between Blue Justice, Blue Economy, and Blue Governance, explaining the inherent tensions behind these terminologies. Vonintsoa Rafaly from the University of Copenhagen and Odile Delfour-Samama from the University of Nantes followed with a discussion on the evolution marine conservation through spatial infrastructures such as Marine Protected Areas (MPAs), highlighting the risk of displacing local populations in the quest for large-scale marine conservation. Aron Westholm from the University of Gothenburg and Benedict McAteer from Queen’s University Belfast then delved into the intricacies of Marine Spatial Planning (MSP), stressing how MSP is a blank canvas. The priorities of MSP are the result of political processes. Angelique Pouponneau, from the University of New South Wales, closed the session by discussing Power Dynamics and Stakeholder Representation in Small Island Developing States’ Blue Economy, offering insights into how legal frameworks can either empower or marginalize stakeholders in vulnerable coastal regions.

In the afternoon, the conversation took a forward-looking turn with the third and final panel, Emerging Justice and Equity Elements in the Law of the Sea. César Soares de Oliveira from the University of Eastern

Finland opened the session by introducing the concept of longtermism in his presentation titled, The Law of the Sea in Protecting the Far Future. His presentation highlighted various alternative approaches to the Law of the Sea that never materialized and explored our aspirations for the Law of the Sea in the far future. Next, Ekaterina Antsygina from the University of Hamburg addressed whether the three-step approach to delimiting continental shelves delivers equitable results, using the Arctic as a case study to explore the geopolitical and environmental complexities of ocean boundaries. Finally, Carlos Antonio Cruz Carrillo from the University of Basel and Millicent McCreath, from the University of New South Wales, examined the potential for public participation in ITLOS Advisory Proceedings to serve as a tool for ocean justice, referencing the recent COSIS Advisory Opinion as a case of meaningful public involvement in international legal processes.

In the afternoon, the conversation took a forward-looking turn with the third and final panel, Emerging Justice and Equity Elements in the Law of the Sea. César Soares de Oliveira from the University of Eastern

Finland opened the session by introducing the concept of longtermism in his presentation titled, The Law of the Sea in Protecting the Far Future. His presentation highlighted various alternative approaches to the Law of the Sea that never materialized and explored our aspirations for the Law of the Sea in the far future. Next, Ekaterina Antsygina from the University of Hamburg addressed whether the three-step approach to delimiting continental shelves delivers equitable results, using the Arctic as a case study to explore the geopolitical and environmental complexities of ocean boundaries. Finally, Carlos Antonio Cruz Carrillo from the University of Basel and Millicent McCreath, from the University of New South Wales, examined the potential for public participation in ITLOS Advisory Proceedings to serve as a tool for ocean justice, referencing the recent COSIS Advisory Opinion as a case of meaningful public involvement in international legal processes.