9:15 - 11:50 C Block Social and Environmental Sciences
12:30 - 3:05 B Block Legal Studies
C Block Social and Environmental Sciences - Today you'll start with Young in room 115 where we'll focus on what the Tragedy of the Commons is.
Now the man who wrote the "Tragedy of the Commons" in the journal Science (in 1968) was University of California professor Garret Hardin. Hardin was a biologist, but above all an advocate of neo-Malthusianism. His paper was primarily intended to condemn the urge that causes people to reproduce indiscriminately, to the point of depleting their natural resources. The conclusion to his argument is clear: communal ownership of a resource is harmful to its sustainability. To avoid its destruction, Hardin insists, there are only two solutions: either divide it into individually owned lots or turn its management over to a higher authority. The only options are private property or the State.
There are many who would argue Hardin's ideas are outdated and wrong
The Tragedy of the Tragedy of the Commons
Debunking the Tragedy of the Commons
So lets take a moment and consider Hardin's idea with pollution (plastic) in the commons (the ocean). Hardin would argue that since the oceans are a commons then people will over tax its resources and pollute it unless one of two things happens...it is owned individually (private property so perhaps countries) or it is controlled by a higher authority (the United Nations). So who owns the ocean?
Oceans are technically viewed as international zones, meaning no one country has jurisdiction over it all, there are regulations in place to help keep the peace and to essentially divide responsibility for the world’s oceans to various entities or countries around the world.
A "territorial sea" is defined by the UN Convention on the Law of the Seas as 12 nautical miles, or 22 kilometers, away from a coastal baseline point. The nation in question can regulate use of this space as they deem fit. The contiguous zone is considered to be 12 kilometers beyond the territorial sea and is used to enforce a nation’s laws regarding customs and immigration, pollution, and for taxation purpose. The EEZ, or exclusive economic zone, is 200 nautical miles from a host nation’s coastline that allows them access to all natural resources within that zone. The "high seas" or "international waters" refer to anything outside of the 200 nautical mile radius of any sovereign nation.
The UN Convention on the Law of the Seas, created in 1982 and ratified in 1994, is the higher authority for policing of international waters, creating nautical policies, and more. Part XII deals with the protection and preservation of the marine environment and specifically section 5, Article 207, that states:
Pollution from land-based sources
1. States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from land-based sources, including rivers, estuaries, pipelines and outfall structures, taking into account internationally agreed rules, standards and recommended practices and procedures.
2. States shall take other measures as may be necessary to prevent, reduce and control such pollution.
So...technically the United Nations regulates the use of the high seas but from the ICUN
So...long story short. The high seas, open ocean, international waters, areas beyond national jurisdiction whatever you want to call them are not individually owned. There are regulations and laws in place to stop their degradation. The enforcement of those laws and regulations is at best weak.
So if we take Hardin's hypothesis as valid, then we see that using the United Nations as a higher authority to control the pollution (plastic) of the commons (the oceans) hasn't worked. Sigh...
So what can we do? Let's brainstorm some ideas together
I'll also have you fill in a chart on the seven types of plastic (PETE/HDPE/PVC/LDPE/PP/PS/Other) and we'll see if they are recyclable and if there are any alternatives...like Recycling; Incineration; Biodegradable plastics; and Pyrolysis (plastic to diesel).
Now the man who wrote the "Tragedy of the Commons" in the journal Science (in 1968) was University of California professor Garret Hardin. Hardin was a biologist, but above all an advocate of neo-Malthusianism. His paper was primarily intended to condemn the urge that causes people to reproduce indiscriminately, to the point of depleting their natural resources. The conclusion to his argument is clear: communal ownership of a resource is harmful to its sustainability. To avoid its destruction, Hardin insists, there are only two solutions: either divide it into individually owned lots or turn its management over to a higher authority. The only options are private property or the State.
There are many who would argue Hardin's ideas are outdated and wrong
The Tragedy of the Tragedy of the Commons
Debunking the Tragedy of the Commons
So lets take a moment and consider Hardin's idea with pollution (plastic) in the commons (the ocean). Hardin would argue that since the oceans are a commons then people will over tax its resources and pollute it unless one of two things happens...it is owned individually (private property so perhaps countries) or it is controlled by a higher authority (the United Nations). So who owns the ocean?
Oceans are technically viewed as international zones, meaning no one country has jurisdiction over it all, there are regulations in place to help keep the peace and to essentially divide responsibility for the world’s oceans to various entities or countries around the world.
A "territorial sea" is defined by the UN Convention on the Law of the Seas as 12 nautical miles, or 22 kilometers, away from a coastal baseline point. The nation in question can regulate use of this space as they deem fit. The contiguous zone is considered to be 12 kilometers beyond the territorial sea and is used to enforce a nation’s laws regarding customs and immigration, pollution, and for taxation purpose. The EEZ, or exclusive economic zone, is 200 nautical miles from a host nation’s coastline that allows them access to all natural resources within that zone. The "high seas" or "international waters" refer to anything outside of the 200 nautical mile radius of any sovereign nation.
The UN Convention on the Law of the Seas, created in 1982 and ratified in 1994, is the higher authority for policing of international waters, creating nautical policies, and more. Part XII deals with the protection and preservation of the marine environment and specifically section 5, Article 207, that states:
Pollution from land-based sources
1. States shall adopt laws and regulations to prevent, reduce and control pollution of the marine environment from land-based sources, including rivers, estuaries, pipelines and outfall structures, taking into account internationally agreed rules, standards and recommended practices and procedures.
2. States shall take other measures as may be necessary to prevent, reduce and control such pollution.
So...technically the United Nations regulates the use of the high seas but from the ICUN
However, because they are beyond the remit of any single government to protect, they are subject to over exploitation, pollution and habitat degradation, which together are undermining vital Earth support systems. Known also as Areas Beyond National Jurisdiction (ABNJ), these areas are notoriously difficult to manage with few laws to promote their protection. The laws that are in place are often weak and poorly enforced.AND
These remote areas of the ocean are, however, rich in biodiversity and resources and play a critical role in ecosystem services such as oxygen production and carbon storage. Since ABNJ make up nearly two thirds of the global ocean (that’s 45% of the Earth’s surface), this is of particular significance to the health of the planet.
Legal efforts have been made at the international and national levels to address marine pollution. The most important are the 1972 Convention on the Prevention of Marine Pollution by Dumping Wastes and Other Matter (or the London Convention), the 1996 Protocol to the London Convention (the London Protocol), and the 1978 Protocol to the International Convention for the Prevention of Pollution from Ships (MARPOL). However, compliance with these laws is still poor, partly due to limited financial resources to enforce them.
So...long story short. The high seas, open ocean, international waters, areas beyond national jurisdiction whatever you want to call them are not individually owned. There are regulations and laws in place to stop their degradation. The enforcement of those laws and regulations is at best weak.
So if we take Hardin's hypothesis as valid, then we see that using the United Nations as a higher authority to control the pollution (plastic) of the commons (the oceans) hasn't worked. Sigh...
So what can we do? Let's brainstorm some ideas together
I'll also have you fill in a chart on the seven types of plastic (PETE/HDPE/PVC/LDPE/PP/PS/Other) and we'll see if they are recyclable and if there are any alternatives...like Recycling; Incineration; Biodegradable plastics; and Pyrolysis (plastic to diesel).
“In order to reduce our plastic use, always consider an alternative to a plastic item offered. You can do this with The 4-Rs to Rethinking Plastic:
Refuse: single use plastics end up in our oceans, so ask for alternatives that can be used again.
Reduce: Is it possible to reduce your plastic footprint by eliminating the amount of plastic products used?
Re-use: if you can’t use an alternative to plastic, make sure you re-use it where possible and dispose of responsibly.
Recycle: If you must purchase plastic, opt for items that are recyclable to reduce additional material ending up in landfills. From a sustainability perspective, recycling remains one of our key solutions. Recycling reduces our requirement on virgin plastics (thereby reducing our consumption of oil, as plastic is made from oil) and also prevents used plastic from ending up in the environment.
Tomorrow, your task will be to design, create, and execute a social media campaign to help further your knowledge, raise awareness, and create possible solutions to our plastic pollution problem.
With Benton you'll have a virtual conversation and visit with the Deep Bay Marine Field Station over Zoom. You'll look at:
- Oyster filtration (how they eat)
- Algae lab visit (to look at what oysters eat)
- Growth stages (nursery visit)
- Industry connections in terms of research and production
They have a pretty sweet guide to all of the marine species in Baynes Sound to help you. Why is this a deal? We're taking a look at shellfish harvesting in Baynes Sound (the water between Vancouver Island and Denman Island).
While DFO (Department of Fisheries and Oceans - Federal Government) licenses aquaculture production, the BC government is responsible for approving sites. Pre-approved locations are called “tenures” From the BC Government...
This shellfish reserve is located in Baynes Sound between Denman Island and Vancouver Island. Baynes Sound supports some of the most productive clam beaches in British Columbia and it is from this area where the majority of all commercial harvesting occurs. Much of Baynes Sound is under commercial tenure for shellfish aquaculture.
So who is involved in the commercial tenure? Most of you know Mac's Oysters and Fanny Bay Oysters
but it is important to note that the First Nations Fishery Council is involved with shellfish harvesting and has good resources on Traditional Ecological Knowledge . In 2004 the K'ómoks First Nation incorporated Pentlatch Seafoods Ltd. and brought it under the banner of Salish Sea Foods which they bought in 2013. For their story check out pages 21-28 of the Cultivating Change to Preserve Tradition document. 
B Block Legal Studies - Today will be our last day in the learning commons for our Human Rights poster. I have poster paper for your Human Rights project and I'll give you the paper once I've seen your ideas (a rough sketch). Remember you need to create a visually appealing Human Rights Campaign Poster that addresses the human rights violation by incorporating key information (What is happening? Where is it taking place? What rights are being violated? Who is having their rights violated? Why are their rights being violated?) as well as pictures, symbols, and colours. Your poster should seek to draw the attention of the public through the balanced combination of text and visuals in a creative, yet educational manner! If you are looking at children's rights then check out the UN Declaration on the rights of the Child. Check out these posters at United for Human Rights or the gifs at #Standup4humanrights or these posters on the 60th anniversary for the UN Declaration on Human Rights from Office of the High Commissioner for Human Rights (OHCHR).
FYI: Tomorrow (December 4th) is your introductory unit final test in Law. The unit test will cover the first three chapters of the All About Law text and will have: 15 True/False questions; 15 Multiple Choice questions; 15 Matching questions; and 3 Short Answer questions. You should be fluent in the following topics:
Substantive and Procedural Law
Divisions of Public and Private Law (Criminal, Constitutional and Administrative for Public and Tort, Family, Contract, Property and Labour for Private)
Case Law (precedent) and Statute Law
Understanding Case Citations (R v. Person....Person v. Person)
The Canadian Charter of Rights and Freedoms (Section 1 Reasonable Limits, Section 2 Fundamental Freedoms, Section 6 Mobility Rights, Sections 7-14 Legal Rights, Section 15 Equality Rights and Section 33 Notwithstanding Clause)
Charter changes (Read in, Read down and Strike down) and Solutions (Remedies)
Discrimination and Human Rights
Human Rights issues for women (pay equity, employment equity, unintentional or adverse effect discrimination - poisoned work environments)
Human Rights issues for Canada's Indigenous populations (Calder and Delgamuukw decisions)
Remember, no lawyer works in isolation and today neither will you. You may not use notes, however, you may collaborate with colleagues on the test.
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