On the 9th of April NOVA Ocean held a seminar about the EU Blue Economy agenda and the future European Ocean Act. This seminar was part of a series of events celebrating the 10th anniversary of the Master’s in Law and Economics of the Sea – Ocean Governance. It featured Manuela Bocayuva, PhD candidate at NOVA School of Law and team member of the Biobanco Azul Português project on the governance of marine genetic resources within antional jurisdiction, and Bellinda Bartolucci, senior legal expert at ClientEarth.

  The use of the ocean is marked by the constant tension between the environmental and economic spheres of sustainability. Indeed, reconciling productive activities with the protection of the marine environment constitutes one of the present and future challenges in contemporary ocean governance. Within the global picture, the EU plays a key role. 22 out of 27 Member States are coastal States, so they have strong interests in reconciling this tension. Not only are all EU Member States and the Union itself Parties to the United Nations Convention on the Law of the Sea; at the international level, the Union has also ratified the BBNJ Agreement and is Party to Regional Fisheries Management Organizations; additionally, Member States are also Parties to Regional Seas Programmes under the UNEP, i.e. the OSPAR Convention, the Barcelona Convention, the Helsinki Convention and the Bucharest Convention, with a view to strengthening cooperation in their action to protect and preserve the marine environment.

  Against this fragmented ocean governance landscape, Manuela Bocayuva shared insights from the Biobanco Azul Português project, carried out last year by NOVA Ocean in association with Universidade de Lisboa. The project aimed to create legal certainty for accessing and utilizing marine genetic resources and was developed through two distinct phases. Phase 1 consisted of a comparative legal analysis across international, European and national legislation to identify best practices, assess the relevance to marine biodiversity, and understand the experiences of implementing international agreements.Phase 2 consisted of drafting a legislative text and stakeholder consultation. Ms Bocayuva highlighted how the conduction of this legislative draft was a pioneering legislative effort, focusing specifically on marine biological resources, fully aligned with international obligations and best practices. Read more about the project here.

  Ms Bellinda Bartolucci shared her legal expertise and views on the future of EU Ocean Policies. Together with other international organizations, ClientEarth published The Blue Manifesto, i.e. a call to action and a roadmap to a healthy ocean. ClientEarth submitted its views to the European Commission’s Call for Evidence on the European Ocean Act. Some of the challenges for the future Ocean Act include the current unstable global geopolitical climate and the European Commission’s new priorities focusing on EU competitiveness. At the same time, the assumption that economic competitiveness is incompatible with environmental protection creates a false dichotomy, as marine degradation is considered one of the biggest threats to the global economy. The current EU Marine Policy framework is a patchwork of fragmented legislation. Despite the high number of different commitments regarding the management and protection of the marine environment, the EU is failing to achieve its goals. Therefore, the European Ocean Act aims to achieve a single framework facilitating the implementation of the Ocean Pact’s objectives and clarifying priorities.

  Strategic litigation constitutes a further pillar of ClientEarth’s work, going beyond winning a particular case, and rather aiming to ensure change in practice regarding specific matters, including through litigations regarding MPAs and Bottom Trawling. ClientEarth’s strategic communication also contributes to the mission by raising public awareness.

Law always reflects a balance of interests, one that needs to navigate competing economic and environmental considerations in shaping the future EU blue economy agenda. 

Read more about the 10th Anniversary celebratory events program