New impetus to harmonise Africa's marine law

Africa’s only research chair in
the law of the sea* has been
established at the Nelson
Mandela Metropolitan
University (NMMU) in
Port Elizabeth, with the
responsibility of comparing
and harmonising legislation
on the African continent’s
marine environment.
“This,” said the chair’s
incumbent,
Professor
Patrick
Vrancken,
“will have
far-reaching
implications
for the
exploitation of
resources, the
management
of pollution
and maritime
security.”
And, he
pointed out,
research
undertaken
by the chair will help
governments in Africa’s
coastal countries to manage
their maritime zones
effectively.
Vrancken noted that, in the
years leading up to the 1982
UN Convention on the Law of
the Sea (Unclos)* coming into
effect in 1994, marine law
was heavily researched. But it
lost popularity as the world’s
focus shifted to other matters,
such as human rights and
climate change. “There are
very few researchers in this
area left in this country or the
rest of Africa,” he said.
“The result has been
a lack of
research and reflection on
this branch of the law, which
needs to be tackled quickly.
And, to grow the maritime
sector, capacity still needs
to be built in many spheres,
including education, training
and research and policy
development. This, therefore,
will be a prime driver for
Vrancken at the NMMU.
Research
will be
undertaken
by a dozen
postgraduate
students –
funded by the
department
of science and
technology
and managed
by the
National
Research
Foundation.
This will
focus on the
law of the
sea, including the legal
regime governing the SA
continental shelf and the
exploitation of its resources;
and development in Africa,
including indigenous law and
the legal aspects of marine
tourism.
And two other legal experts
on marine law are fully
supportive of this academic
venture.
Andrew Pike, Durbanbased
director of Bowman
Gilfillan, totally agreed that
there was a very significant
need for Vrancken’s research
chair.
“And it will require
the funding and support
of industry if it is to be
sustainable and relevant.”
Malcolm Hartwell,
director of Norton Rose
Fulbright SA Inc. said that
Vrancken had become a real
force in SA shipping, and
the “driving force” behind
developing NMMU as the
centre of marine (as opposed
to maritime or admiralty) law
in SA.
He also pointed out
that Vrancken had a very
good relationship with, in
particular, the department
of environmental affairs
(DEA) and the department
of transport (DoT), which,
Hartwell added, were playing
the lead role in Operation
Phakisa.
“And Vrancken has been
involved in Operation Phakisa
since its inception, a body
which will include fisheries
and 22 off-shore marine
protected areas,” he said.
Hartwell pointed out
that SA’s territorial waters
extended out 22 kilometres
from shore. Its exclusive
economic zone, where it
owns all resources, goes out
370kms. This then stretches
into the southern oceans,
some 1 600km to the Prince
Edward and Marion islands.
“Current government plans
are to turn that area into a
R177-billion-a-year factory,”
he said.
*The UN 1982 Law of the
Sea Convention (Unclos)
defined the rights and
responsibilities of nations
on their use of the world’s
oceans, establishing
guidelines for businesses,
the environment, and the
management of marine
natural resources. It
came into force in
1994 and replaced
the ‘freedom of
the seas’ concept,
dating from the 17th
century.
INSERT
To grow the maritime
sector, capacity still
needs to be built in
many spheres, including
education, training and
research and policy
development.
– Patrick Vrancken