In this empirical study, the author compares international and domestic law and policy covering seven main Agenda 21 implementation areas: integrated management of coastal and marine areas, marine environmental protection, sustainable use and conservation of high seas marine resources, sustainable use and conservation on non-high seas marine resources, ocean management in relation to climate change, international and regional cooperation and coordination, and sustainable development of small islands.

To see how we are doing, the author selected as a sample the domestic marine protection policies and the international cooperative efforts of five states interested in ocean governance: the United States, Denmark (as a member of the EU, the headquarters of Maersk shipping, one of the largest container shipping companies in the world, and a fishing nation), China (as the largest fishing nation in the world), Panama (largest flag of convenience State), and Sierra Leone (as a least developed country dependent on fishing). In reviewing the policies of these States, the authors will qualitatively examine whether existing domestic policies are in conformity with the goals articulated in Agenda 21 and where there may be gaps in implementation. The paper will extrapolate from the comparative analysis how we are doing as an international community in achieving Agenda 21 goals for protection of ocean resources. The paper will conclude with positing suggestions on how the negotiated Rio +20 framework for action on ocean might further Agenda 21 goals.

However, most recent developments in ICZM implementation demonstrate an increasing interest for a regional regulation through the adoption of ad hoc protocols within regional seas frameworks. Adopted in January 2008 and entered into force in March 2011, the Mediterranean ICZM Protocol is the first of its kind and constitutes, as of today, the only supra-State legal instrument specifically aimed at coastal zone management. It is however unlikely that the Mediterranean ICZM Protocol remain an isolated, legal alien in the regional seas landscape. The attractiveness of such a new kind of instrument seems to be increasing, as demonstrated by the recent decision of the Parties to the Nairobi Convention to follow the path of the Barcelona Convention[3]. The Black Sea is also more informally now looking at the opportunity to develop such a protocol.

It appears timely, therefore, to start drawing some early lessons from the most advanced cases, that is the Mediterranean and Western Indian Ocean (WIO). This is precisely what this presentation will aim at, based on research and consultancy conducted over the last five years in these two regions as well as at the global level. In particular, this presentation will: (i) briefly remind the regional seas concept and institutional framework; (ii) provide an overview of the content of the Mediterranean and WIO ICZM Protocols; (iii) enumerate the expected benefits of having a regional, legally binding regulation instrument for ICZM; (iv) identify key necessary conditions for success on the regional and national contexts, the drafting and negotiation process, as well as the way implementation issues are anticipated. This presentation will thus identify key conditions under which such ICZM Protocols may actually make a difference in placing coastal areas on a sustainable path.

[1] Alhéritière D. Marine pollution regulation. Regional approaches. Marine Policy 1982; July: 162-174.

[2] Sorensen J. The international proliferation of integrated coastal management efforts. Ocean and Coastal Management 1993; 21 (1-3): 45-80.

[3] UNEP, Nairobi Convention COP Decision CP 6/3: Strengthening Integrated Coastal Zone Management in the Western Indian Ocean Region, 2010.

Although the principle of integrated coastal zone management has subsequently been adopted a number of other non-binding international instruments such as the FAO Code of Conduct for Responsible Fisheries and the Johannesburg Plan of Implementation, it has not, until recently, been adopted in any binding international instruments.

This changed when the Protocol on the Integrated Coastal Zone Management in the Mediterranean to the Barcelona Convention was adopted in 2008. As its title indicates, the Mediterranean ICZM Protocol applies to the Mediterranean Sea and is legally binding on those states that have ratified it.

The fact that the Mediterranean ICZM Protocol is the only legally binding instrument specifically aimed as coastal zone management is about to change. This is because in 2010 the Parties to the Amended Nairobi Convention agreed to work towards the adoption of a legally binding ICZM Protocol for the Western Indian Ocean.

Pursuant to this agreement, an Ad-hoc Legal and Technical Working Group for the Drafting of an ICZM Protocol to the Nairobi Convention was appointed and in 2011 this Ad-Hoc Working Group produced a Fifth Draft of the ICZM Protocol to the Amended Nairobi Convention.

The purpose of this paper is to set out and critically discuss some of the key provisions of the Fifth Draft of the ICZM Protocol to the Amended Nairobi Convention, especially in light of the provisions of the Mediterranean ICZM Protocol.