NAVIGATING THE IMPACT OF GLOBALIZATION ON MARINE ECOSYSTEMS: A LEGAL PERSPECTIVE

Arham Jain

Vivekananda Institute of Professional Studies, Delhi

ABSTRACT

Globalisation has significantly impacted numerous areas globally, including marine ecosystems, which are experiencing unparalleled pressures from increased commercial activities and international connections. This study investigates the complex effects of globalisation on marine ecosystems from a legal standpoint, analysing the challenges and regulatory measures that respond to these environmental repercussions.

The integration of global markets has escalated activities including international shipping, fishing, and offshore drilling, resulting in heightened marine pollution, habitat destruction, and biodiversity loss. Legal structures, encompassing international treaties and state legislation, are essential in managing and minimising these detrimental impacts. This paper evaluates significant international agreements, including the United Nations Convention on the Law of the Sea (UNCLOS), the Convention on Biological Diversity (CBD), recent trends of marine ecosystem, assessing their efficacy in protecting marine ecosystems in the face of increasing global economic pressures.

Keywords- Globalisation, Marine, International, Legal

INTRODUCTION”

When we discuss globalisation and oceans, the issue at hand is the growing and profoundly negative impact that changes in the global climate have on the functioning of oceans and their ecosystems, particularly coastal and island eco-systems. Additionally, the issue of corresponding changes in the oceans that affect and accelerate negative changes in the global climate is also a problem that needs to be addressed. The ultimate goal of tackling these challenges is, of course, to identify methods that would make it possible for us to lessen and lessen the bad repercussions of these changes, in the event that we are unable to totally stop them.

There will be more frequent heat waves, heavy rainfall, continuing disappearance of glaciers, an overall increase in droughts, extreme high tides, an increase in tropical cyclones and their severity, and significant changes in the earth's living ecosystems, according to the reports of the International Panel on Climate Change (IPCC), which have received a lot of attention[1]. The IPCC has projected that the global temperature will rise by 1.1 to 6.4 degrees Celsius during the current century, which will result in a rise in sea levels by 18 to 59 centimetres. Furthermore, the assessments of the Intergovernmental Panel on Climate Change (IPCC) show that there is a substantial possibility that greenhouse emissions from the past, the present, and the future will contribute to climate warming. This will have dramatic effects on the functioning of the World Ocean and its ecosystems, potentially causing changes that cannot be reversed.

Global goods movement is an essential component of the international freight transportation system, encompassing maritime and coastal routes, interior rivers, trains, roadways, and air freight. In certain instances, the goods transportation network links places through various modal routes, serving as modal replacements.[2] An exemplary case is containerised shortsea shipping, when the shipper or logistics provider possesses a certain level of discretion in determining the method of freight transportation between destinations.[3] Nonetheless, international maritime transportation is predominantly an adjunct to other transportation modalities. This is especially applicable to intercontinental containerized shipments and to liquid and dry bulk goods, including oil and grain. International shipping integrates highways, trains, and inland waterways via oceanic and coastal routes.

The proliferation of goods transportation to satisfy the demands of a globalised economy incurs significant costs. Specifically, several energy and environmental consequences are linked to the transportation of commodities.

GLOBALISATION AND ITS IMPACT ON MARINE ECOSYSTEM

HISTORY OF GLOBALISATION AND TRADE

The term "globalisation" denotes the enhancement of extensive social connections that link distant locations and vice versa. One inch In many instances, the economic phase signifies that our nation's economy is interconnected with the global economy. The implemented economic reforms significantly impacted the growth of the economy. This also reflected the integration of the Indian economy with global trade[4].

The real globalisation movement began in 1991 in India. India was primarily state-run before 1991, with Public Sector Companies (PSEs) in charge.[5] Prices, currencies, and investments were regulated to meet goals. India's macroeconomic policies were conservative till the 1970s and 1980s. Central government income exceeded expenses, creating a surplus that largely funded the capital account deficiency. Budgetary slack turned revenue surpluses into deficits in the early 1980s. The growing gap between government income and expenses caused budgetary deficits that had to be covered by home loans.3

Looking back at Indian history, globalisation is not new to the economy. The Indus economy was among the most globalised. The Ramayana and Mahabharata demonstrate cross-national trade. Some towns made copper, while others made beads and textiles for export. India exported heavily again during the Gupta Empire.4 Despite being native to India, little gold is called the "golden bird." Our outward-oriented commerce approach contributed to India's historical wealth. Globalisation runs through us[6].  The large number of people and nations that can profit from globalised business and knowledge is also innovative. Early globalisation was built on decreasing transportation costs due to the railway, ship, and car. Computer processors, satellites, optical cables, and the Web drive globalisation[7].

IMPACT OF GLOBALISATION ON MARINE

In particular, it is projected that the following major consequences on the World Ocean and its ecosystems may be brought about by global warming[8]:

·       The oceans are becoming increasingly acidic, which will have a negative impact on the overall health and productivity of marine species, particularly on sensitive plants and animals. This will result in the widespread destruction of tropical reefs all over the world, as well as the decimation of a large number of fish and other marine organisms and species that live in the vicinity of these reefs;

·       The widespread melting of ice in the Arctic and Antarctic, which will have repercussions for the ecosystems of those regions and may cause significant shifts in the patterns that are currently in place;

·       The acceleration of the pace of sea-level rise and the influence that this has on the ecosystems and communities that are located along the coast;

·       Because sea ice is responsible for reflecting a significant portion of the sun's heat back into space, climate change and the melting of ice in the Arctic and Antarctica will also contribute to greater warming of the oceans. This is because the ocean waters will be absorbing more solar heat as a result of climate change. Consequently, this will have a significant impact on fish populations."[9]  because the temperature of the water is one of the most important factors that determines whether or not marine ecosystems are able to host a wide variety of creatures. Even minute variations in the temperature of the water can cause large modifications in the distribution patterns of a wide variety of fish species and other marine organisms.

• Corresponding changes in the salinity of the ocean, with near-surface waters in high-evaporation regions experiencing an increase in salinity, whereas marine areas in high latitudes will experience a decrease in salinity as a result of increased precipitation, increased runoff, melting ice, and other atmospheric processes.

Episodic pollution discharges are well comprehended by the commercial sector and policymakers, as demonstrated by international conventions and national rules that address them. The primary mitigation strategy is to prevent pollution incidents from happening (such as ocean dumping), to engineer safer systems (for instance, double-hulls to avert oil spills or traffic separation schemes to prevent collisions), to restrict activities that generate untreated discharges to safer times or locations (e.g., environmental windows for dredging), to mandate onboard treatment prior to discharge (e.g., oily water separators), and/or to facilitate segregated holding and transfer to reception facilities at port (as in sewage management).

The oceans of certain fish species have been subjected to strain as a result of excessive fishing. As a result of the growing demand on a global scale, overfishing is not only done for the purpose of eating but also for medical purposes[10]. A similar fate has befallen the Mediterranean bluefin tuna, which is a delicacy in Japan that is in danger of extinction as a result of unsustainable fishing practices. One thousand four hundred dolphins have been killed in Denmark on the Faroe Islands as a result of hunting for dolphins. Whales on the island were once employed for hunting dolphins for their food, but poaching has escalated as a result of illegal sale.

There are 22% of the world's mammals that are considered to be endangered, as well as 24% of the world's snake species, 31% of the world's amphibians, and 35% of the world's birds, as stated by the International Union for the Conservation of Nature (IUCN).

LEGAL FRAMEWORKS ON MARINE ECOSYSTEM PROTECTION

INTERNATIONAL LEGAL INSTRUMENTS

1.     United Nations Convention on the Law of the Sea

The United Nations Convention on the Law of the Sea was enacted in 1982. It establishes a comprehensive legal framework for law and order in the world's oceans and seas, delineating regulations for all uses of these waters and their resources. It consolidates previous regulations governing ocean usage inside a single instrument while simultaneously introducing novel legal concepts and frameworks to handle emerging issues.[11] The Convention establishes a framework for the continued advancement of particular aspects of maritime law.

The Division for Ocean Affairs and the Law of the Sea (DOALOS) within the Office of Legal Affairs of the United Nations functions as the secretariat for the Convention on the Law of the Sea, offering information, counsel, and support to States to enhance comprehension of the Convention and associated Agreements, promote broader acceptance, ensure uniform and consistent application, and facilitate effective implementation. The Division oversees all advancements concerning the Convention, maritime law, and oceanic matters, providing an annual report to the United Nations General Assembly on these developments. It also aids the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea in evaluating such advancements.

2.     Convention on Biological Diversity

The Convention prioritises biodiversity protection and sustainable use. This involves safeguarding and conserving threatened and fragile species and habitats and managing resources sustainably so humans can continue to benefit from biodiversity and ecosystems.As of 2022, 196 governments are “Parties” to the Convention on Biological Diversity. These governments execute the Convention inside their country and with other nations and competent regional and global organisations.[12] The Secretariat of the Convention on Biological Diversity helps Parties and relevant organisations implement the Convention and conserve and sustainably use marine and coastal species. Programme of Work and Implementation Support pages describe these initiatives.

3.     Global cooperation is crucial for tackling transboundary marine challenges. Entities like the International Maritime Organisation (IMO) and regional fisheries management organisations (RFMOs) serve essential functions.

RECENT TRENDS AND STUDIES

The Gulf of Mexico is interlaced with a network of pipes, wells, and various energy infrastructures. The extraction of oil from these dormant pipelines has rendered many of them obsolete. The oil spill was utilised by Talos, the previous holder of the offshore lease in the region. The Coast Guards were requested to address the spill; nevertheless, throughout the investigation, Talos was interrogated. They asserted that the ruptured pipeline was not their responsibility.

In July 2020, the oil tanker MV Vakashio was reportedly transporting 4,000 metric tonnes of oil when it ran aground on a coral reef at an island off the southern coast of Mauritius, resulting in a leakage of 1,000 metric tonnes of petroleum into the Indian Ocean and causing environmental pollution. A significant diesel oil spill contaminated a big freshwater lake in Russia's Arctic North, endangering the Arctic Ocean for a distance of up to 12 miles.[13] Such disasters pose significant threats in contemporary society.

Plastic constitutes a significant toxic pollutant due to its non-biodegradable nature, prevalent usage in packing and commodities maintenance for export, which exacerbates plastic consumption and contributes to environmental degradation.

Globalisation pertains to competition and sustainability. Private enterprises ought to adopt economically viable eco-friendly technologies. Multinational corporations (MNCs) influence social, cultural, and political matters; the increasing prevalence of MNCs has led international law to address Corporate Social Responsibility (CSR), with environmental concerns being the most significant component of CSR. In the event of environmental harm, they should be held accountable and provide compensation for the damage incurred.

The corporation has implemented an Environmental Management System (EMS) that necessitates informed consensus on environmental management objectives and policies, grounded in a comprehensive understanding of the stakeholders and their respective roles and responsibilities, including the pollutants and the impacted community. Numerous laws are established to mitigate environmental issues; nevertheless, their enforcement is inadequate. The multinational corporation has recognised environmental management as a trend and incorporated it into its annual reports, yet has not implemented a substantive approach.

Throughout human history, the sea has functioned both as a source of sustenance and as a medium for communication. This interface enables individuals in many locations to satisfy their desires for adventure, communication, contact, commerce, and even conflict. Through this interaction, humans have progressively established a legal framework to govern maritime activities[14].

The international community's perspective on marine living resources has transitioned from "possession and use" to "conservation and management,"[15] with two predominant approaches currently shaping the regulation of "conservation and management":

·       To safeguard marine living resources from extinction and to establish a sustainable maximum fish catch that sufficiently provides human protein without excessive exploitation through competitive catch documentation;

·       Through these norms, coastal states or fishing nations can collaborate effectively to adhere to the normative agreement within a regional or sub-regional framework, thereby mitigating tensions and fostering regional or sub-regional peace.

This is accomplished by regulating international trade regulations, fostering regional or sub-regional collaboration, and overseeing associated fishing practices. The birth of the notion of "ocean governance" signifies a notable shift in the international community's perspective on seas collectively. “‘Ocean governance’ refers not merely to the management of marine environments and resources, but rather to humanity's contemplation following extensive utilisation of the oceans, aimed at ensuring the effective use of ocean space and resources while achieving sustainability.”

Simultaneously, the collaborative efforts of the worldwide community are advocating for the consolidation of these ideals. The RFMOs are endeavouring to establish legal norms that diverge from the conventional international law paradigm of national sovereignty. Established concepts of international law, including “pacta tertiis nec nocent nec prosunt,” “freedom of fishing on the high seas,” and “flag state control,” are being contested on the grounds of conservation and management, with additional advancements anticipated.

CONCLUSION

The demands of global shipping include numerous environmental issues. I finish with a discussion on how environmental standards are evolving into a worldwide duty, altering the performance expectations of international enterprises to meet economic needs while mitigating environmental concerns. Specifically, it is posited that maritime transport will progressively enhance its environmental efficiency in response to two driving forces. Initially, regulatory and lobbying focus will exert external pressure on the maritime transportation sector via both international and regional policy initiatives. The ongoing advancement of environmental performance indicators in global, multi-firm supply chain networks will generate market-driven incentives for reduced pollution in maritime transportation.

Maritime transportation, similar to other global businesses, is mandated to enhance the protection of environmental resources and services for future generations, while mitigating impacts on ecosystems, global climate, ocean processes, and human health. These demands compel the maritime sector to evaluate policy instruments for establishing standards, including international treaties, national regulations, industry-specific standards, requirements negotiated through third-party agreements (non-governmental organisations or NGOs), and industry associations.

Globalisation has extensive implications for a nation's economy. The interdependence and rivalry of nations in the global market have intensified due to globalisation. Interdependence is evident in the trade of goods and services, as well as in the mobility of capital. Consequently, domestic economic patterns are affected by variables beyond the domestic market and economic conditions. Domestic and foreign policies, along with economic conditions, influence them. Consequently, a globalising industry cannot overlook the potential actions and responses of global policies and events while formulating and evaluating its domestic strategy. This constrained the government's policy alternatives, suggesting a level of policy autonomy in objective assessment.

BIBLIOGRAPHY

BOOKS

• Golitsyn, V. (2010). Major Challenges Of Globalisation For Seas And Oceans: Legal Aspects. In Brill | Nijhoff eBooks (pp. 59–73). https://doi.org/10.1163/ej.9789004180406.i-610.21

• Kumar, S., & Hoffmann, J. (2002). Chapter 3: Globalization: The Maritime Nexus. In Handbook of Maritime Economics and Business (pp. 35-62). Edited by C. Grammenos. Informa, Lloyd's List Press, London.

WEBSITES

• United Nations Convention on the Law of the Sea. (n.d.). Retrieved from https://www.imo.org/en/ourwork/legal/pages/unitednationsconventiononthelawofthesea.aspx#:~:text=The%20United%20Nations%20Convention%20on,the%20oceans%20and%20their%20resources.

• Secretariat of the Convention on Biological Diversity. (n.d.). What Needs to be Done? Retrieved from https://www.cbd.int/marine/done.shtm

• Nadar, A. (2022, July 25). The impact of globalization on the environment. Pledge A Smile Foundation. Retrieved from https://pledgeasmile.com/2022/07/the-impact-of-globalization-on-the-environment%EF%BF%BC/

• Nigam, P. (2023, September 15). Maritime Industry and Globalisation: Two Sides of the Same Coin. Chitkara University | Blogs. Retrieved from https://www.chitkara.edu.in/blogs/maritime-industry-and-globalisation-two-sides-of-the-same-coin/

ARTICLES

• Wang, K., & Tsai, H. (2023). The Impact of Globalisation on the Development of International Fisheries Law. Sustainability, 15(7), 5652. https://doi.org/10.3390/su15075652

• Manhas, N. S. (2020). Globalization and Its Impact on Indian Economy. International Journal of Social Impact, 5(2), 170-175.

• Kumar, S., & Singh, K. (2012). Impact of Globalisation: The Indian Experience. International Journal of Economics Commerce and Research, 2, 1-10.

• Bharadwaj, S. (2020). Globalisation and Its Impact in India.

• Agrawal, R. (2014). Globalization and its Effect on India. Economic Affairs, 59, 797.

• UNFCCC, & Subsidiary Body for Scientific and Technological Advice. (2004). Methodological issues relating to emissions from international aviation and maritime transport; Note by the secretariat. United Nations Framework Convention on Climate Change, Subsidiary Body for Scientific and Technological Advice, Bonn, Germany.

[1] Wang, K., & Tsai, H. (2023). The Impact of Globalisation on the Development of International Fisheries Law. Sustainability, 15(7), 5652. https://doi.org/10.3390/su15075652

[2] Golitsyn, V. (2010). 3. Major Challenges Of Globalisation For Seas And Oceans: Legal Aspects. In Brill | Nijhoff eBooks (pp. 59–73). https://doi.org/10.1163/ej.9789004180406.i-610.21

[3] Corbett, James & Winebrake, James. (2008). The impact of globalisation on international maritime transport activity: Past trends and future perspectives.

[4] Manhas, N. S. (2020). Globalization and Its Impact on Indian Economy. International Journal of Social Impact, 5(2), 170-175.

[5] Kumar, Surinder & Singh, Kulwinder. (2012). IMPACT OF GLOBALISATION: THE INDIAN EXPERIENCE. International Journal of Economics Commerce and Research. 2. 1-10.

[6] Bharadwaj, S. (2020). Globalisation and Its Impact in India.

[7] Agrawal, R. (2014). Globalization and its effect on India. Economic Affairs, 59, 797.

[8] Nadar, A. (2022, July 25). The impact of globalization on the environment - Pledge A Smile Foundation. Pledge a Smile Foundation. https://pledgeasmile.com/2022/07/the-impact-of-globalization-on-the-environment%EF%BF%BC/

[9] Ibid.

[10] Kumar, S., and J. Hoffmann (2002), Chapter 3 Globalization: the Maritime Nexus, in Handbook of

Maritime Economics and Business, edited by C. Grammenos, pp. 35-62, Informa, Lloyds List Press,

London.

[11] United Nations Convention on the Law of the Sea. (n.d.). https://www.imo.org/en/ourwork/legal/pages/unitednationsconventiononthelawofthesea.aspx#:~:text=The%20United%20Nations%20Convention%20on,the%20oceans%20and%20their%20resources.

[12] Secretariat of the Convention on Biological Diversity. (n.d.). What Needs to be Done? https://www.cbd.int/marine/done.shtm

[13] UNFCCC, and Subsidiary Body for Scientific and Technological Advice (2004), Methodological issues

relating to emissions from international aviation and maritime transport; Note by the secretariat, 11

pp, United Nations Framework Convention on Climate Change, Subsidiary Body for Scientific and

Technological Advice, Bonn, Germany.

[14] Nigam, P. (2023, September 15). Maritime Industry and Globalisation: Two Sides of the Same Coin - Chitkara University | Blogs. Chitkara University | Blogs. https://www.chitkara.edu.in/blogs/maritime-industry-and-globalisation-two-sides-of-the-same-coin/

[15] Supra 2