OCEAN EQUITY

The concept of equity is broad which is both a strength and a certain weakness.

Different topics and angles, communicating messages of fairness and justice that resonate with general populations, aligned with concepts of equitable and sustainable development, and more palatable to a wider range of governments than the legal frameworks around human rights are just some of the advantages of ocean equity. Since the concept of ocean equity is not fixed, it is hard to grasp its exact meaning and not underpinned by a firm legal framework.

The proposed approach to operationalising Ocean Equity would use an existing, globally recognised framework as the foundation. Principle 10 of the Rio Convention set out a tripartite structure for environmental rights such as access to information, access to public participation, and access to justice.

The three part structure for operationalising Ocean Equity is grounded in international law, can be matched to the tripartite dimensions of equity (procedural, representational, and distributive justice), closely aligned and founded on the international human rights framework but more palatable politically to state actors that may be ambivalent or even hostile to human rights, because the framework is also grounded in and discussed in the language of sustainable development and environmental protection;

(iv) gives a more concrete focus and approach to the more amorphous concepts of equity;

(v) can be used to provide firmer rights to those affected by actions that undermine equity and accountability for those who are behind the negative impacts; and

(vi) would provide a specific, concrete action for the Action Group.