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22 | STRENGTHENING OCEAN GOVERNANCE

LEGAL ROUND-TABLE
What rights for the poles

and seabed?

The legal panel event hosted by the Prince Albert II of Monaco Foundation

has gathered momentum and is now firmly established as a forum for debate
on the law applicable to global ocean and environmental issues. For the second

edition, experts focused on the poles and the deep seabed.

On 22 March 2024, during Monaco Ocean A NEW FRAMEWORK
Week, international experts representing the legal
community came together for the legal round-table “In the future, we will definitely have to introduce the
event held at Monaco Yacht Club. In his welcome idea of limitation. If you want to protect the Antarctic,
address, Olivier Wenden, Vice-President and CEO of particularly from industrial threats, you really have to
the Prince Albert II of Monaco Foundation, stressed bring in limitation measures, and perhaps consider the
the importance of involving the legal community, territory as a legal entity”, warned Kees Bastmeijer,
which is rarely invited to participate in the main Professor of Arctic and Antarctic Studies and Director
ocean conservation meetings: “When it comes to of the Arctic Centre at the University of Groningen
addressing all the challenges we face in meeting the (Netherlands). “We are only looking 10 to 15 years
2030 and 2050 targets, we cannot do without them”. ahead in the Antarctic at the moment, but we should
be considering the impacts over 7 generations, as the
Indigenous populations do.”
MANAGING POLAR TOURISM
In addition, a legal framework centred on biodiversity
With polar tourism booming due to to leisure pursuits would take fully into account the various species that
such as cruises, kayaking, kitesurfing, skiing, hiking inhabit the environment, just as anti-discrimination
and whale-watching, what are the dangers and how laws do in human societies. “Moving away from an
are these activities likely to be regulated in the future? anthropocentric view of the world is nothing new;
The risks, not just for biodiversity and safety, but also on the contrary, it represents a return to Indigenous
for local populations and scientists on polar missions, wisdom”, added Bastmeijer. Moreover, “we have to
have not yet been adequately assessed. “We must take into consideration climate change and its impact
improve the way these activities are regulated by on the migration routes of species such as whales”,
involving the communities and scientists who live said Margaret Williams, Senior Fellow, Arctic Initiative
in those territories”, recommended Anne Choquet- at Harvard Kennedy School, Belfer Center for Science
Sauvin, Lecturer and Researcher in Law at the and International Affairs (USA), who talked about the
University of Western Brittany and Chair of the French possibility of creating “sanctuaries of silence” for polar
National Arctic and Antarctic Research Committee, species.
adding: “Some tour operators are proposing to bring
scientists on board to carry out scientific activities “This small area of the globe, which provides planet-
in unexplored regions; we have to be cautious”. wide ecosystem services (atmospheric and ocean
Especially in Antarctica, a vast natural reserve which currents, etc) faces significant risks”, summarised
“is opening up to tourism, but which is no less fragile Inge Relph, Co-Founder and Executive Director of
as it is 99% wilderness”. Global Choices, referring to the Arctic.