Coastal communities depend on the marine environment for their livelihoods, but the common property nature of marine resources poses major challenges for the governance of such resources. Through detailed cases and consideration of broader global trends, this volume examines how coastal communities are adapting to environmental change, and the attributes of governance that foster deliberate transformations and help to build resilience of social and ecological systems.
Governance and Legal Frameworks
Transboundary water systems cover a substantial area of the planet and provide critical ecosystem services for much of the global population. The International Waters (IW) Focal Area of the Global Environment Facility (GEF) aims to improve cooperation among countries in governance of transboundary water systems. There is the need to assess the outcomes, outputs and impacts of GEF IW initiatives. The current Transboundary Diagnostic Analysis/Strategic Action Programme approach of the GEF uses indicators in three categories – process, stress and state. A Transboundary Waters Governance Assessment Framework is proposed that incorporates the three above indicator categories and includes four new indicator categories: governance architecture, stakeholder engagement, social justice and human well-being. These additional categories are considered necessary to bring assessment of GEF IW initiatives in line with current governance thinking. The indicator categories are sequential, starting with governance architecture and ending with human well-being as the ultimate objective.
On 23 September 2016, a workshop entitled “Innovating for change in global fisheries governance” was held in Tromsø, hosted by the K. G. Jebsen Centre for the Law of the Sea (JCLOS) at the Faculty of Law of UiT, The Arctic University of Norway. The aim of the workshop was to address the following question: How can international law be used as an innovative mechanism for change in global fisheries governance? Seven of the papers presented at the workshop, each one addressing a particular aspect of this overarching question, are published here in this special issue of Marine Policy.
In 2015 the United Nations General Assembly decided to develop an international legally binding instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. To that end, it established a Preparatory Committee (PrepCom), to make substantive recommendations to the General Assembly on the elements of a draft text of an ILBI. The PrepCom has identified the tension between the principle of the common heritage of mankind and high seas freedoms embodied in UNCLOS as one of the issues which must be addressed in such an international agreement. Some participants in the process have proposed a sui generis regime as a way of resolving any apparent clash of these international legal principles, particularly as it relates to marine genetic resources and their access and benefit sharing. This article argues that environmental stewardship may provide the framework for such a sui generis regime. For it to do so, however, it must be grounded in international legal principles and act as a balance between competing values, perspectives and interests in the conservation and sustainable use of marine biodiversity beyond national jurisdiction. If appropriately redefined in this way, environmental stewardship can deliver a governance framework which addresses some of the central issues with which the PrepCom will have to deal. These include the practical problems of access and benefit sharing of the marine genetic resources of areas beyond national jurisdiction, and reconciling the conflicting pressure for international decision-making for the conservation and sustainable use of marine biological diversity on the one hand, and the maintenance of existing regional and sectoral frameworks on the other. Environmental stewardship, redefined, can provide an intellectual framework for an ILBI under UNCLOS on marine biodiversity beyond national jurisdiction.
Body Mass Index (BMI) is not only the prevailing tool used for defining and diagnosing obesity, but it is also a tool that intervenes into fisheries governance, and into fishers’ lives and bodies. All fishers on board vessels over 100 gross tons (GT) must hold a seaman’s licence; too high a BMI may lead to a “loss-of-licence” and the inability to undertake their occupation. From a governmentality perspective, this paper discusses the use of the seaman’s licence and explores how BMI may be an instrument in fisheries governance. We examine how safety policies link to storylines around health and obesity to produce healthy and safe fishers, and how this in turn links to the overall objective of governmentality: to produce productive labourers (fishers). We explore the multiple materialities of the BMI by looking at Norwegian fisheries’ safety policies from a Foucauldian perspective and question the wider implications of a safety policy focused on BMI and obesity.
Adaptation of environmental policies to often unexpected crises is an important function of sustainable governance arrangements. However the relationship between environmental change and policy is complicated. Much research has focused on understanding institutional dynamics or the role of specific participants in the policy process. This paper draws attention to interest groups and the mechanism through which they influence policy change. Existing research offers conflicting evidence in regards to the different ways in which interest groups may affect change. This paper provides an in-depth study of the 2013 European Union Common Fisheries Policy reform − a policy change characterized by active interest group participation. It traces the activity of interest group coalitions to understand how they achieved influence under a changing policy context. The study involves interviews with interest group representatives, policy experts and decision-makers, document analysis of interest group statements and EU legislative documents. Findings identify the important role of coalition-building and informational lobbying for environmental interest group success in exploiting favorable sociopolitical conditions and influencing reform outcomes. An insight on interest group influence and its conditions contributes to our understanding of the complex dynamics of the environmental policy process as well as its implications for policy adaptation to environmental change.
The interests, responsibilities and opportunities of states to provide infrastructure and resource management are not limited to their land territory but extend to marine areas as well. So far, although the theoretical structure of a Marine Administration System (MAS) is based on the management needs of the various countries, the marine terms have not been clearly defined. In order to define an MAS that meets the spatial marine requirements, the specific characteristics of the marine environment have to be identified and integrated in a management system. Most publications that address the Marine Cadastre (MC) concept acknowledge the three-dimensional (3D) character of marine spaces and support the need for MC to function as a multipurpose instrument. The Land Administration Domain Model (LADM) conceptual standard ISO 19152 has been referenced in scholarly and professional works to have explicit relevance to 3D cadastres in exposed land and built environments. However, to date, very little has been done in any of those works to explicitly and comprehensively apply LADM to specific jurisdictional MAS or MC, although the standard purports to be applicable to those areas. Since so far the most comprehensive MC modeling approach is the S-121 Maritime Limits and Boundaries (MLB) Standard, which refers to LADM, this paper proposes several modifications including, among others, the introduction of class marine resources into the model, the integration of data on legal spaces and physical features through external classes, as well as the division of law and administrative sources. Within this context, this paper distinctly presents both appropriate modifications and applications of the IHO S-121 standard to the particular marine and maritime administrative needs of both Greece and the Republic of Trinidad and Tobago.
This study describes the intergovernmental organizations and legal agreements that pertain to conservation and sustainable use in areas beyond national jurisdiction (ABNJ) in the Western Indian Ocean and the South East Pacific and considers the progress that has been made towards a collaborative and integrated approach to ocean governance in ABNJ.
The analysis was done as part of the ABNJ Deep Seas Project, a collaborative GEF funded project with UN Environment and the Food and Agriculture Organization of the UN. For more information see http://www.commonoceans.org/
The objective of this study is to provide a comprehensive mapping and description of the current regulatory landscape of the ocean areas beyond national jurisdiction (ABNJ) and to identify potential gaps and weaknesses in the system and its management. The starting point of this exercise is the 1982 UN Convention on the Law of the Sea (UNCLOS), supplemented by a review of other key conventions and institutions that have mandates in relation to activities in ABNJ. The study also provides an overview of global commitments to conservation and sustainable use of the ocean and marine ecosystems to identify opportunities to enhance their implementation through targeted action in ABNJ.
By increasing the understanding of the legal challenges related to ABNJ, the study seeks to support states and global institutions such as the Global Environment Facility (GEF) to identify and implement activities that can achieve an overall net benefit to the global environment from investments in ABNJ. 1 The study seeks to support the GEF partnership, other organisations and states in identifying key opportunities for future conservation and sustainable utilization of ABNJ in the current GEF 6 and upcoming GEF 7 programs.
Marine protected areas (MPAs) were initially introduced to protect coastal zones and are increasingly being proposed as part of a solution to an integrated approach in managing the oceans. There is also pressure for the use of marine reserves to play a part in the conservation strategy and management of mobile demersal and pelagic species in the high seas. However, as there is no coastal State, all States are free to use the open seas, and the relative success of MPAs depends on whether or not measures can be imposed on both domestic and foreign vessels. Therefore, the question is whether current international and national legislation is sufficiently effective to implement a solution to aid the success of MPAs or if new legal norms need to be introduced to aid the governance of the high seas. The implementation of a surveillance programme of maritime spaces would help to establish the efficacy of any review of the current legislation. New technical developments being utilized in surveillance have opened up the possibility of exploiting technology with a view to surveying and monitoring planet earth in an objective manner. But technical applications employed to manage risks can themselves be dangerous, as they create new risks for the maritime sector (e.g. espionnage). The maritime domain is a difficult and unpredictable environment in which to operate and, therefore, precludes the assured presence of human beings to perform monitoring tasks. Technology offers us the opportunity to overcome the physical difficulties by putting into practice surveillance using more effective methods. Identifying the appropriate technology and providing funding is a priority.