HIGH SEAS
PANEL 1
HIGH seas
Monday, 4 July 2022
10:00 - 11:30 a.m.
Location: University Theater
Panel Speakers
Greet Brauwers & Raf Custers
Ben Boteler & Beatriz Yanicelli
Arjîn Elgersma & Jess Bier
Moderated by: Renisa Mawani
A SEAT FOR THE SEA
Greet Brauwers & Raf Custers
The ocean is given an ever-greater role in a 'planetary zoning plan'. Under concepts such as Blue Economy, industrial projects and investment are (or will be) carried out in the sea. They are based on the idea that man must put all that is pristine into 'culture' and subdue and colonize 'wilderness' (in this case, the sea and the deep sea). Yet, does the sea have its word to say? A spectacular new trend is deep-sea mining (in which Belgium plays a prominent role). This new industry is to take place deep in the ocean, 4 to 5 kilometers below sea level and de facto escapes our view. It continues unabated, but there is hardly any debate. Its excavators are shrouded in industrial secrecy, its impact justified by inadequate scientific research.
Greet Brauwers graduated as an audiovisual author at KASK. She’s a journalist, makes documentaries and films, and coordinates socio-artistic projects in which participation, meeting and exchange of knowledge are central.
Raf Custers is a writer, doc-maker, historian (KU. Leuven, interbellum/Latin America/semiotics), singer-performer and freelance journalist.
Global Negotiations for a high seas treaty
Ben Boteler & Beatriz YAnicelli
Global negotiations for a high seas treaty: A departure from the settler colonial worldview or a transition to a just, socially equitable governance of the ocean?
This paper will examine the ongoing global negotiations for an international legally binding instrument on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. The authors aim to pose the question whether the future instrument will further the settler colonial worldview and act as means to continue imperial, capitalist dominance (e.g., through ocean grabbing, disastrous exploitation of ocean resources, imbalanced access to benefits, and tools to monitor and control ocean crossings by migrants) or catalyse a transition to a just, socially equitable governance of the ocean. The final round of negotiations is planned for 2022, with many participants believing that they will be extended to additional rounds. As nations come together for rounds of debate to determine the future instrument, it is essential to ask – whose perspective will the future instrument reflect and whose priorities will be signed into legal doctrine? To date, many States remain underrepresented and out powered in terms of legal and technical expertise at the negotiations. Legal language will seep into political language, which in turn will seep into the dominant worldview. Lessons from other global instruments (e.g., seabed minerals) show that once legal instruments enter into force, States drive their agenda forward – despite pitfalls such as unfair access to benefits. Based on a draft paper and presentation, the authors aim to host a round table to create an open discussion with participants during the conference. A final paper will be submitted to the conference proceedings.
Ben Boteler is researching high seas ocean governance at the Institute for Advanced Sustainability Studies (IASS) in Potsdam, Germany. He is the co-lead of the STRONG High Seas project (Strengthening Regional Ocean Governance for the High Seas), a five-year initiative that provides a platform for scientific knowledge exchange for the conservation and sustainable use of biodiversity in the high seas with focus on the Southeast Atlantic and Southeast Pacific. He has an MA in Political Science and Economics from Philipps University in Marburg, Germany and an MA in Visual and Media Anthropology from the Freie Universität Berlin, Germany.
Beatriz Yannicelli is a Researcher in Oceanography and Fisheries for the Universidad de la República Uruguay. She collaborates with the Chilean Universidad Católica del Norte. She holds a PhD from the University of Concepción and has a background in Oceanography. She supports the STRONG High Seas project with the organization of a series of Dialogue Workshop in the Southeast Pacific region and has contributed to numerous scientific assessments including - Ecological Baselines: Status of Marine Biodiversity and Anthropogenic Pressures in Areas Beyond National Jurisdiction, and The Socio-Economic Importance of Areas Beyond National Jurisdiction in the Southeast Pacific.
Resisting Oceanic Neutrality: Seafarer Strikes, International Legal Imaginaries, and Racial Capitalism at Sea
Arjîn Elgersma & Jess Bier
In this paper we argue that international legal imaginaries reproduce the ocean as an engine of racial capitalism. We examine the 1983 Saudi Independence case, where the Dutch Supreme Court examined the lawfulness of a strike of seafarers from the Philippines. In the process, the courts sought to determine which groups of logistical workers had legal recourse, and where and how they could use it. Taking place during the heyday of the logistics ‘revolution’ that sought to establish logistics, like law, as an apolitical science (Cowen 2013; Chua forthcoming), the Saudi Independence case makes it possible to explore how land-based international law itself is fully imbricated in the ocean, but nonetheless has long drawn on imaginaries of a divide between land and sea. Given that the Philippines is currently the global largest supplier of foreign labor aboard container ships, and the Netherlands has become a hub for maritime dispute settlement cases, we examine the deliberations for the Saudi Independence case to show how the pretense of neutrality itself came to act more broadly as an accumulation strategy, and in so doing reproduced the widespread devaluing of racialized workers’ more situated understandings and engagements with both ocean and land. International law criminalized resistance by drawing on conceptions of the ocean as an outside space supposedly separate from land, thereby carrying forward oceanic legacies of enslavement into the science of logistics. As such, international law operated as an agent of racial capitalism rather than an outside arbiter of its effects.
Arjîn Elgersma is a social theorist interested in the frictions as well as intersections between different Marxist and neo-Marxist traditions through exploring the seemingly fleeting moments in which the consolidation of a racial logistical capitalism takes place – as well as being resisted. He is a tutor in sociology at the Erasmus University Rotterdam.
Jess Bier is an Assistant Professor of Urban Sociology at Erasmus University Rotterdam, where she studies the social and political geographies of science and technology. She is the author of Mapping Israel, Mapping Palestine: How Occupied Landscapes Shape Scientific Knowledge (MIT Press, 2017).