Transboundary systems
Transboundary systems
Transboundary systems refer to ecosystems that span the boundaries of more than one country or jurisdiction. These can include a variety of natural resources like water bodies (rivers, lakes, aquifers), marine ecosystems, forests, wildlife habitats, and mountain ranges, among others.
Transboundary systems pose unique challenges and opportunities for management and conservation due to their shared nature. They require cooperative management strategies, often necessitating bilateral or multilateral agreements between the countries involved. This alliance ensures the sustainable use of the shared resource, while also managing any potential conflicts that may arise due to differing national interests.
A transboundary river system, for example, may originate in one country, flow through another, and finally discharge into the ocean in a third country. Each country might have differing needs and priorities for the river’s use—for drinking water, irrigation, hydroelectric power, etc. Coordinated management is crucial to ensure the river’s health and equitable use.
Large marine ecosystems
Large Marine Ecosystems (LMEs) are regions of the world’s oceans, encompassing coastal areas from river basins and estuaries to the seaward boundaries of continental shelves and the outer margins of the major current systems. They are characterised by their vast size—typically they are over 200,000 square kilometers—and their distinctive bathymetry,1 hydrography,2 productivity,3 and trophically dependent populations.4
1 The underwater topography, including features like continental shelves, deep sea trenches, and seamounts.
2 The physical and chemical characteristics of the water, including temperature, salinity, currents, and nutrient levels.
3 The biological productivity of the area, including both primary producers like phytoplankton and the various levels of consumers in the food web.
4 These are groups of species that are interconnected in the food web, including predators, prey, and competitors.
The concept of LMEs was developed in the 1980s by Dr. Ken Sherman of the US National Oceanic and Atmospheric Administration (NOAA) in response to the growing need for a comprehensive, ecosystem-based approach to manage and conserve coastal and marine resources. This approach recognises that marine resources are interconnected and that effective management must consider the entire ecosystem rather than individual species or issues in isolation. As such, the LME approach was intended to bridge the gap between single-species management and broader ecosystem-based management.
There are 66 recognised LMEs globally, seven of which are around the African continent (Sweijd and Smit 2020), including the Benguela Current LME off South Africa, Namibia, and Angola. Each LME is unique and requires a tailored management approach, but the overarching goal is the same: to ensure the long-term sustainability and health of the world’s coastal and marine ecosystems.
The Benguela Current Large Marine Ecosystem
The LME classification system, established in the 1980s, represents a giant stride in acknowledging and managing contiguous, transboundary marine ecosystems. Among the 66 LMEs identified worldwide, the Benguela Current LME (BCLME) stands out as a pivotal Eastern Boundary Upwelling System (EBUS), a category shared only by the Humboldt Current LME, the California LME, and the Canary Current.
The BCLME is comprised of the southern, central northern, and northern Benguela subsystems. This marine region extends from the shoreline at the high-water mark to the countries’ Exclusive Economic Zones (EEZs). From the Cape of Good Hope, its southern and eastern border seasonally stretches as far as 27°E longitude, near Gqeberha. Northward, the boundary reaches to 5°S near Nimibe in Angola, aligning with the southern edge of the Guinea Current Large Marine Ecosystem (GCLME). This boundary definition is fundamental to the sustainable management and conservation of the BCLME, thereby fortifying the environmental, economic, and social resilience of the region.
The BCLME is part of a mere 3% of the world’s sea surface occupied by the four EBUS but yields nearly 40% of the global annual marine fish catch. LMEs worldwide, though only accounting for a fraction of the ocean’s surface, contribute an impressive 80% to this vital food resource.
Yet the significance of BCLME transcends its remarkable productivity. It serves as a crucial climate regulator, with its abundant biomass acting as a significant carbon sink, mitigating the effects of climate change. This critical role underscores the BCLME’s global significance, as it helps maintain our planet’s delicate climatic balance.
The BCLME is also a reservoir of marine biodiversity that enriches our world ecologically and economically, and the upwelling of cool, nutrient-rich water is reasoned to act as a haven for species that might be prone to ocean warming. However, like many of Earth’s natural ecosystems, the BCLME is under severe stress. It faces challenges from overfishing, pollution, and climate change impacts, leading to biodiversity loss and habitat degradation. Consequences for the people making a living from the system are already emerging.
In light of these challenges, the conservation and sustainable management of the BCLME is not just a regional concern—it is a global imperative and a human right. The BCLME’s importance as a climate regulator, biodiversity reservoir, and primary productivity centre demands immediate attention and action. Investing in the health of this ecosystem is, in essence, investing in the future of our planet.
The commitment to ensuring a sustainable future of the BCLME is embodied in a tripartite alliance between Angola, Namibia, and South Africa, the parties to the Benguela Current Convention. This boundary demarcation facilitates the deployment of a practical ecosystem management framework for this transboundary ecosystem.
Managing transboundary marine ecosystems
Managing transboundary marine ecosystems is complex due to the multitude of stakeholders and jurisdictions involved, as well as the inherent dynamism and complexity of marine ecosystems. However, several strategies have been identified as effective:
Ecosystem-Based Management (EBM): This approach aims to balance ecological, social, and economic goals in managing marine resources. It takes into account the entire ecosystem, including human activities, rather than focusing on one species or resource at a time.
Marine Spatial Planning (MSP): MSP is a practical way to create and establish a more rational use of marine space to benefit economic, social and environmental objectives. It involves allocating and managing parts of the ocean to specific uses or activities, in a way that minimises conflict and maximises compatibility among different activities.
Cooperative Management and Governance: Transboundary ecosystems require cooperation between all nations whose waters are part of the ecosystem. This can be achieved through international treaties, conventions, or other agreements. An example of this is the Benguela Current Convention between Angola, Namibia, and South Africa.
Science-Based Decision Making: Regular monitoring and research are crucial to understand the state of the ecosystem and the impacts of human activities. This information should be used to inform management decisions and adaptive strategies.
Stakeholder Engagement: All relevant stakeholders, including governments, industry, indigenous communities, and the public, should be involved in decision-making processes. This ensures a diversity of perspectives and promotes equitable outcomes.
Adaptive Management: Given the dynamic nature of marine ecosystems, management strategies need to be flexible and responsive to change. This involves regular monitoring, periodic evaluations, and adjustments to management plans as needed.
Integrated Coastal Management (ICM): This is a process for governance and management of coastal areas. ICM aims to balance the different objectives of society - economic development, coastal livelihoods, and environmental conservation.
Precautionary Approach: In situations of scientific uncertainty, the precautionary approach advocates for erring on the side of caution to prevent serious or irreversible damage to the ecosystem.
These strategies require significant resources and political will, but are crucial for the sustainable management of transboundary marine ecosystems.
Treaties and Conventions
Treaties and Conventions are fundamental to managing transboundary issues around LMEs. Given the inherently shared nature of marine resources that traverse political boundaries, international collaboration facilitated by such agreements is vital. They provide a legal framework that encourages cooperation and coordination among nations, ensuring sustainable management and conservation of marine resources, protection of marine biodiversity, and resolution of potential conflicts. Notably, they allow for integrated management strategies that consider the ecosystem as a whole, rather than fractured approaches divided by national boundaries. Such holistic approaches are crucial for preserving the health and resilience of LMEs in the face of pressing global challenges like overfishing, pollution, and climate change.
In the field of international law, the terms “treaty” and “convention” are often used interchangeably. Both are agreements under international law entered into by actors in international law, namely sovereign states and international organisations. They may also be known as international agreements, protocols, covenants, or exchanges of letters, among other terms.
However, sometimes subtle distinctions are made between Treaties and Conventions:
Treaty: This term is often used to describe an agreement of significant importance. Treaties generally require ratification by the national government of the signing parties and usually require approval by the executive or legislative branch, depending on a country’s laws. A treaty might address a specific issue, like a peace treaty or a treaty of alliance, or it might establish long-term relationships or conditions, like a free trade treaty.
Convention: A convention is typically a broader agreement that deals with a wide area of concern or is used to codify and develop major areas of international law. Conventions are usually open for any relevant countries to join. An example would be the United Nations Framework Convention on Climate Change (UNFCCC), which establishes a framework for addressing the issue of climate change.
Despite these subtle differences, the choice of term often depends more on tradition or the preference of the parties involved than any strict legal distinction. What matters most is the content of the agreement and how it is implemented and enforced, not the label given to it.
The Benguela Current Convention
The Benguela Current Convention and the Benguela Current Commission have their roots in a shared recognition by Angola, Namibia, and South Africa of the importance of the BCLME and the need for a cooperative approach to its management. Both stem from the earlier Benguela Environment Fisheries Interaction and Training (BENEFIT) program.
BENEFIT was launched in 1997 as a bilateral initiative between Namibia and Angola, and South Africa joined later. It promoted the sustainable utilisation of marine resources in the Benguela Current region. The program placed an emphasis on capacity building, training, and scientific research, particularly focusing on the interactions between the environment and fisheries. Except for benefiting from the training component, people were not yet recognised as an important feature of the system. However, BENEFIT was instrumental in improving the understanding of the complex Benguela ecosystem and the impacts of various human activities on it.
Recognising the ecological and economic significance of this region, the three nations initiated a cooperative venture in 1995, funded by the Global Environment Facility (GEF), to address shared marine and coastal management issues. This led to the creation of the BCLME Programme, which operated from 2002 to 2011. The work of BENEFIT was integrated into the new program and this ensured continuity in scientific research and capacity-building efforts, and allowed the BCLME Programme to advance BENEFIT’s achievements.
Building on the early achievements and lessons of the BCLME Programme, the three countries formally established the Benguela Current Commission (‘the Commission’) in 2007 as an interim arrangement. The Commission’s objective was to promote a coordinated regional approach to the long-term conservation, protection, rehabilitation, enhancement, and sustainable use of the BCLME. This was intended to provide benefits to the countries through improving the conditions of the marine environment and promoting sustainable economic development.
The Benguela Current Convention (‘the BCC’), on the other hand, came into existence on 18 March 2013 when it was signed by the ministers responsible for fisheries and environment from Angola, Namibia, and South Africa. This legal agreement formalised the cooperative approach that had been initiated with the establishment of the Commission. The BCC committed the countries to work together through the Commission to promote a policy of ecosystem-based management, to share information and data, to harmonise policies and laws, and to seek funding for activities that support the BCC’s objectives.
Thus, the Commission5 was established first as an interim body to coordinate the management of the BCLME, and the Convention, i.e. the BCC,6 was subsequently signed to formalise and strengthen this regional cooperation, making the Commission the implementing body for the BCC.
5 The Benguela Current Commission (the Commission) is the organisation or body that was established to implement the provisions of the Convention
6 The Benguela Current Convention (BCC) is the actual legal agreement that was signed by the governments of the three countries.
The BCC reflects an ideology of shared responsibility, cooperation, and sustainable management of a transboundary marine ecosystem, the BCLME. It represents a commitment by the three coastal countries—Angola, Namibia, and South Africa—to the long-term conservation, protection, rehabilitation, enhancement, and sustainable use of this LME.
The BCC acknowledges the BCLME as a shared resource and emphasises the importance of regional cooperation to maintain its health and productivity. The ideology includes recognising the socio-economic and ecological importance of the region, the need to prevent and reduce environmental degradation, and the importance of basing management decisions on the best available scientific information.
The BCC also adopts the Ecosystem Approach to Fisheries (EAF) and Integrated Ocean Management (IOM), principles that emphasise holistic, precautionary, and adaptive management, considering ecological relationships among species and their habitats, and balancing diverse societal objectives.
Moreover, the BCC recognises the importance of involving all stakeholders, including local communities, in the management process, reflecting an ideals of inclusivity and equitable benefit sharing. In essence, the BCC is underpinned by the principles of sustainability, shared responsibility, cooperative management, scientific knowledge, and inclusive stakeholder participation.
Other Africa-focussed treaties and conventions
Yes, there are a number of transboundary conventions, agreements, and treaties active around Africa, including the following:
Nairobi Convention: Officially known as the Convention for the Protection, Management and Development of the Marine and Coastal Environment of the Western Indian Ocean, this convention involves ten countries: Comoros, France, Kenya, Madagascar, Mauritius, Mozambique, Seychelles, Somalia, Tanzania, and South Africa. Similar to the Benguela Current Convention, the Nairobi Convention provides a platform for governments, civil society and the private sector to work together for the sustainable management and use of the Western Indian Ocean.
Convention for Cooperation in the Protection, Management and Development of the Marine and Coastal Environment of the Atlantic Coast of the West, Central and Southern Africa Region (Abidjan Convention): A comprehensive agreement among 22 African nations aimed at the protection and preservation of the marine environment and coastal areas. It is governed by the United Nations Environment Programme (UNEP) and provides a collaborative framework to address a wide range of environmental challenges, such as pollution from various sources, coastal erosion, and the conservation of biodiversity. It promotes cooperative research, monitoring, and the implementation of specific protocols, including those addressing oil spills and the establishment of protected areas, to ensure sustainable use and management of the region’s shared marine resources.
Abuja Convention: This proposed convention is set to replace the Abidjan Convention, covering a larger geographical area and including more countries. Its main purpose is to promote regional cooperation for the protection and development of the marine and coastal environment of the Atlantic coast of West, Central and Southern Africa.
Bamako Convention: Although not specifically focused on marine environments, the Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement and Management of Hazardous Wastes within Africa has relevance in terms of preventing marine pollution. The convention prohibits the import of any hazardous (including radioactive) waste. The treaty also emphasizes reducing the production of hazardous waste and promoting environmentally sound management of such wastes.
The Joint Development Zone Treaty between Nigeria and Sao Tome and Principe: This is an agreement between the two nations to jointly develop petroleum and other resources in the maritime areas which both nations lay claim to.
Lake Chad Basin Commission (LCBC): While not marine-focused, the LCBC is a prime example of transboundary water management. It was established in 1964 by Cameroon, Chad, Niger, and Nigeria, with the Central African Republic joining later. The Commission aims to sustainably and equitably manage shared water resources and promote regional integration, peace, and security.
Each of these agreements and conventions share similarities with the BCC in that they aim to foster cooperation and sustainable use of shared marine and environmental resources among the participating nations. However, they each have unique focuses and cover different geographical areas.
Comparing the BCC with the Abidjan Convention
The Abidjan Convention and the BCC are both concerned with the the west coast of the African continent. They share the common goal of protecting and managing marine and coastal environments, but they operate in different geographical regions and with some different focus areas. The Abidjan Convention covers the Atlantic coast of Africa, from Mauritania to South Africa, while the BCC covers the Benguela Current Large Marine Ecosystem (BCLME), which extends from South Africa to Angola. Both conventions adhere to an ecosystem-based approach to management. They acknowledge the interconnectedness of marine ecosystems and aim to manage these systems in a holistic manner. The importance of cooperation and collaboration among the member states in managing shared marine resources and addressing common environmental challenges is key to the success of both.
There are key differences between the two convention. The Abidjan Convention has a broader membership with 22 African countries, while the BCC only includes three countries—Angola, Namibia, and South Africa. The latter has a unique focus on the BCLME (i.e. it is designed on the idea of the LME), one of the world’s richest marine ecosystems with a high level of endemism and biodiversity. It is also particularly concerned with the effects of climate change and variability on this ecosystem. The Abidjan Convention, while also concerned with marine ecosystems and biodiversity, has a broader mandate that includes issues such as coastal erosion and marine pollution from various sources.
There are also differences in structure and governance. The BCC is led by a commission consisting of ministers from the three member states, while the Abidjan Convention is overseen by the United Nations Environment Programme (UNEP) and has a wider governance structure involving all member states. As such, the Abidjan Convention has established specific protocols to address issues like oil spills and protected areas. The BCC, while it does cover similar issues, does not have specific protocols but rather uses strategic action programs and other mechanisms to address these concerns. More recently, a Marine Spatial Plan has also been developed for the BCC.
International examples of transboundary management of marine regions
There are several international treaties and conventions that aim to manage and protect transboundary marine ecosystems, similar to the Benguela Current Convention (BCC):
Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention): This convention was established in 1992 and covers the north-east Atlantic. Like the BCC, it focuses on the protection and conservation of the marine environment. However, it differs in that it covers a broader geographic area and has more contracting parties, involving 15 Governments and the EU. The convention has five main strategies: Biodiversity and Ecosystems, Eutrophication, Hazardous Substances, Offshore Industry, and Radioactive Substances.
Convention on the Protection of the Marine Environment of the Baltic Sea Area (Helsinki Convention): This convention was established in 1974 and revised in 1992. It covers the Baltic Sea area, which is bordered by nine countries. Similar to the BCC, it aims to prevent and eliminate pollution in order to promote the ecological restoration of the Baltic Sea. However, it covers a smaller geographic area and includes more specific commitments, such as banning dumping of waste from ships and aircraft.
Barcelona Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean: Established in 1976, this convention covers the Mediterranean Sea and its coastal areas. It involves 21 countries bordering the Mediterranean, and the European Union. Like the BCC, it focuses on the protection and sustainable development of the marine and coastal environment, but it has a greater emphasis on specific issues such as pollution from land-based sources, pollution by dumping, pollution from ships, and pollution resulting from exploration and exploitation of the continental shelf and the seabed and its subsoil.
What makes the BCC unique is that it covers the Benguela Current Large Marine Ecosystem (BCLME), which is one of the richest marine ecosystems on earth and one of the four major eastern boundary upwelling systems. This system is of global importance for marine biodiversity and climate regulation. The BCC is the first to be based on the Large Marine Ecosystem (LME) concept of ocean governance, a concept that is endorsed by the United Nations. The BCC is also unique in its tri-national approach, involving Angola, Namibia, and South Africa, and in its comprehensive coverage of marine conservation, sustainable development, and the sharing of benefits and responsibilities among the contracting parties.
Other notable treaties and conventions
The examples I provided earlier are some of the key international treaties and conventions that focus on the protection and management of transboundary marine ecosystems. However, there are other important marine conventions and agreements around the world. A few more include:
Ramsar Convention on Wetlands: Established in 1971, this convention provides a framework for the conservation and wise use of all wetlands, including marine systems in coastal zones, through local and national actions and international cooperation. It currently includes 171 contracting parties.
Convention on Biological Diversity (CBD): Although this convention covers all ecosystems, its specific work on marine and coastal biodiversity is very significant. It recognises the ecological, economic, and cultural importance of marine and coastal ecosystems and aims to safeguard them through science-based management practices.
Western and Central Pacific Fisheries Convention (WCPFC): This convention specifically aims to conserve and manage highly migratory fish stocks across the western and central Pacific Ocean. It does this by cooperating with relevant countries and stakeholders to ensure long-term sustainability of these resources.
Antarctic Treaty System: This includes the Antarctic Treaty and related agreements, such as the Convention for the Conservation of Antarctic Marine Living Resources. It’s unique in that it governs the entire Antarctic region, which is recognised as a natural reserve, devoted to peace and science.
Cartagena Convention: Formally known as the Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region, it aims to protect, develop and manage the Marine Environment of the Wider Caribbean Region in a sustainable way.
These, along with the ones already mentioned, are some of the many efforts globally to manage and conserve marine ecosystems. Each is unique in its focus, region, challenges, and approach to marine management. The BCC remains notable for its LME-based approach and its focus on one of the world’s most productive marine ecosystems.
References
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Citation
@online{j._smit2023,
author = {J. Smit, Albertus},
title = {Transboundary Systems},
date = {2023-05-15},
url = {http://tangledbank.netlify.app/pages/Transboundary_systems.html},
langid = {en}
}