Governance and Legal Frameworks

Creating political spaces at sea – governmentalisation and governability in Norwegian fisheries

Johnsen JPetter. Creating political spaces at sea – governmentalisation and governability in Norwegian fisheries. Maritime Studies [Internet]. 2017 ;16(1). Available from: https://maritimestudiesjournal.springeropen.com/articles/10.1186/s40152-017-0071-7
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

How do technologies of power make the world governable? The understanding of how management techniques create governability remains rather poor. In this article, I analyse how spatial regulation in Norwegian fisheries direct human behaviour towards scientific, political, and administrative objectives. Like other fisheries’ regulations, they contribute to governmentalisation and governability, and this article illustrate how this happens. Governance aims towards specific outcomes, but in the attempt to make the world governable, the governing and those who are governed are changed and new social orders may be the result. Thus, governing instruments are not only instruments for the direction of behaviour, but also instruments for social change.

Ocean commitments under the Paris Agreement

Gallo ND, Victor DG, Levin LA. Ocean commitments under the Paris Agreement. Nature Climate Change [Internet]. 2017 ;7(11):833 - 838. Available from: https://www.nature.com/articles/nclimate3422
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $20.00
Type: Journal Article

Under the Paris Agreement nations made pledges known as nationally determined contributions (NDCs), which indicate how national governments are evaluating climate risks and policy opportunities. We find that NDCs reveal important systematic patterns reflecting national interests and capabilities. Because the ocean plays critical roles in climate mitigation and adaptation, we created a quantitative marine focus factor (MFF) to evaluate how governments address marine issues. In contrast to the past, when oceans received minimal attention in climate negotiations, 70% of 161 NDCs we analysed include marine issues. The percentage of the population living in low-lying areas—vulnerable to rising seas—positively influences the MFF, but negotiating group (Annex 1 or small island developing states) is equally important, suggesting political motivations are crucial to NDC development. The analysis reveals gaps between scientific and government attention, including on ocean deoxygenation, which is barely mentioned. Governments display a keen interest in expanding marine research on climate priorities.

Operationalising ecosystem services for effective management of protected areas: Experiences and challenges

Schirpke U, Marino D, Marucci A, Palmieri M, Scolozzi R. Operationalising ecosystem services for effective management of protected areas: Experiences and challenges. Ecosystem Services [Internet]. 2017 ;28:105 - 114. Available from: http://www.sciencedirect.com/science/article/pii/S2212041617301602
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $31.50
Type: Journal Article

Protected areas are crucial for biodiversity conservation and the provision of ecosystem services (ES), but management efforts seem not to be sufficient. To increase management effectiveness, the ES framework offers new promising environmental governance instruments, however, the operational use is still poorly integrated in the management of protected areas. This study used a framework designed for Natura 2000 sites for effective management of protected areas by valorising ES. This framework was applied to 21 study sites in Italy, and 55 ES were quantified in biophysical and monetary terms. Forty-one payments for ecosystem services (PES) were implemented in a participatory process involving local communities and stakeholders. Assessment of the management effectiveness before and after the implementation of PES demonstrated that integrating ES into the management of protected areas can improve their management effectiveness and contribute to regional development through PES. Based on the authors’ experiences, the study highlights various difficulties and opportunities related to ES assessment, implementation of PES, stakeholder engagement, and monitoring of management effectiveness. It also discusses general challenges related to the operationalisation of ES in protected areas, providing recommendations for science and practice.

Opportunities for improving global marine conservation through multilateral treaties

Al-Abdulrazzak D, Galland GR, McClenachan L, Hocevar J. Opportunities for improving global marine conservation through multilateral treaties. Marine Policy [Internet]. 2017 ;86:247 - 252. Available from: http://www.sciencedirect.com/science/article/pii/S0308597X17300118
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $35.95
Type: Journal Article

The speed and scale of human impacts on marine species, such as climate change and exploitation for international markets, coupled with a poor regulatory regime and lack of enforcement, make it especially difficult to protect marine species beyond areas of national jurisdiction. Yet as the number of multilateral treaties continues to grow, the declining state of the world's oceans suggest that these treaties are largely failing to fulfill their missions and achieve meaningful protection. Here, an analysis of all multilateral treaties governing activities related to oceans is provided. A range of issues is examined including efficacy, geographic and taxonomic distribution, and other factors that facilitate or inhibit conservation. Since 1882, 103 countries have signed 265 multilateral treaties related to the management of marine resources. The majority of treaties (51%) deal with fisheries, 30% deal with pollution, 4% marine mammals and 15% deal with other topics. In terms of factors that may predict efficacy, 65% of marine treaties have secretariats, 50% have scientific mandates, and 13% have enforcement mechanisms; only 9% have all three. Given the context of the United Nations General Assembly's new commitment to manage human activity and its impact on common resources on the high seas, it is important to understand the strengths and weaknesses – individually and cumulatively - of existing binding marine agreements.

Ocean Governance and Sustainability

Hildebrand LP, Bellefontaine NA. Ocean Governance and Sustainability. In: Shipping Operations Management. Vol. 4. Shipping Operations Management. Cham: Springer International Publishing; 2017. pp. 231 - 248. Available from: https://link.springer.com/chapter/10.1007/978-3-319-62365-8_11
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $29.95
Type: Book Chapter

This chapter situates the maritime and shipping sector within the dynamic and integrated physical-social-ecological ocean system and the broad and evolving framework of ocean governance, management, and sustainability. While shipping operations occupy a prominent and historic role in the maritime world, ships no longer rule the waves alone. The ocean and coastal margins of the world are indeed vast and extensive, but they are increasingly crowded, competitive, and conflicted. And now we are expanding and intensifying traditional ocean industries and adding new exploitive activities to the mix, all in the pursuit of a “blue economy,” whether reasonable or not, sustainable or otherwise. Our uses and abuses of the ocean to date have seriously compromised the very foundations of the ocean and coastal system and led to growing marine environmental degradation and the consequent costs of an underperforming ocean economy, loss of essential ecosystem goods and services (which largely sustain the former), increased use conflicts, and challenging legal questions.

Chaos, conflict and change: The reemergence and evolution of fishery governance in the small scale fisheries of Somalia

Pollnac RB, Hagos KW, Crawford BR, Dahir AMohamed, Yusuf HHaji, Hussein AMohamed. Chaos, conflict and change: The reemergence and evolution of fishery governance in the small scale fisheries of Somalia. Ocean & Coastal Management [Internet]. 2017 . Available from: http://www.sciencedirect.com/science/article/pii/S096456911730039X
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $35.95
Type: Journal Article
  • Presents perceptions of governance systems impacting the small-scale fishery.
  • Presents perceptions of foreign fishing activities in Somalia's waters.
  • Examines perceptions of the influence of Somalian piracy on the fishery.
  • Explores factors related to compliance in the evolving fishery governance system.
  • Tests of a model of compliance indicate significant interregional variability.

Ocean Governance: Our Sea of Islands

Govan H. Ocean Governance: Our Sea of Islands. London: Commonwealth Secretariat; 2017. Available from: http://thecommonwealth.org/media/press-release/commonwealth-pacific-report-shift-paradigm-ocean-governance
Freely available?: 
Yes
Summary available?: 
No
Type: Report

A Sustainable Future for Small States: Pacific 2050 is part of the Commonwealth Secretariat’s regional strategic foresight programmes that examines whether current development strategies set a region on a path to achieve sustainable development by 2050. The publication follows a previous study on the Caribbean entitled Achieving a Resilient Future for Small States: Caribbean 2050, which was launched at the Commonwealth Global Biennial Conference on Small States in May 2016.

The study commences with an analysis of whether the Commonwealth Pacific small states (Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu) are set to achieve the Sustainable Development Goals (SDGs) (Chapter 2). It then focuses on a number of critical areas impacting on the region’s development:

  • Governance, focusing on political governance (Chapter 3), development effectiveness and co-ordination (Chapter 4) and ocean governance (Chapter 5).
  • Non-communicable diseases (NCDs) (Chapter 6).
  • Information and communications technology (Chapter 7).
  • Climate change, focusing on migration and climate change (Chapter 8) and energy issues (Chapter 9).

In each of these areas, possible trajectories to 2050 are explored, gaps in the current policy responses are identified and practical recommendations are offered.

Why people matter in ocean governance: Incorporating human dimensions into large-scale marine protected areas

Christie P, Bennett NJ, Gray NJ, Wilhelm T‘Aulani, Lewis N‘a, Parks J, Ban NC, Gruby RL, Gordon L, Day J, et al. Why people matter in ocean governance: Incorporating human dimensions into large-scale marine protected areas. Marine Policy [Internet]. 2017 ;84:273 - 284. Available from: http://www.sciencedirect.com/science/article/pii/S0308597X17300532
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $35.95
Type: Journal Article

Large-scale marine protected areas (LSMPAs) are rapidly increasing. Due to their sheer size, complex socio-political realities, and distinct local cultural perspectives and economic needs, implementing and managing LSMPAs successfully creates a number of human dimensions challenges. It is timely and important to explore the human dimensions of LSMPAs. This paper draws on the results of a global “Think Tank on the Human Dimensions of Large Scale Marine Protected Areas” involving 125 people from 17 countries, including representatives from government agencies, non-governmental organizations, academia, professionals, industry, cultural/indigenous leaders and LSMPA site managers. The overarching goal of this effort was to be proactive in understanding the issues and developing best management practices and a research agenda that address the human dimensions of LSMPAs. Identified best management practices for the human dimensions of LSMPAs included: integration of culture and traditions, effective public and stakeholder engagement, maintenance of livelihoods and wellbeing, promotion of economic sustainability, conflict management and resolution, transparency and matching institutions, legitimate and appropriate governance, and social justice and empowerment. A shared human dimensions research agenda was developed that included priority topics under the themes of scoping human dimensions, governance, politics, social and economic outcomes, and culture and tradition. The authors discuss future directions in researching and incorporating human dimensions into LSMPAs design and management, reflect on this global effort to co-produce knowledge and re-orient practice on the human dimensions of LSMPAs, and invite others to join a nascent community of practice on the human dimensions of large-scale marine conservation.

Hybrid governance of aquaculture: Opportunities and challenges

Vince J, Haward M. Hybrid governance of aquaculture: Opportunities and challenges. Journal of Environmental Management [Internet]. 2017 ;201:138 - 144. Available from: http://www.sciencedirect.com/science/article/pii/S0301479717306205?via%3Dihub
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $41.95
Type: Journal Article

The development of third party assessment and certification of fisheries and aquaculture has provided new forms of governance in sectors that were traditionally dominated by state based regulation. Emerging market based approaches are driven by shareholder expectations as well as commitment to corporate social responsibility, whereas community engagement is increasingly centered on the questions of social license to operate. Third party assessment and certification links state, market and community into an interesting and challenging hybrid form of governance. While civil society organizations have long been active in pursuing sustainable and safe seafood production, the development of formal non-state based certification provides both opportunities and challenges, and opens up interesting debates over hybrid forms of governance. This paper explores these developments in coastal marine resources management, focusing on aquaculture and the development and operation of the Aquaculture Stewardship Council. It examines the case of salmonid aquaculture in Tasmania, Australia, now Australia's most valuable seafood industry, which remains the focus of considerable community debate over its siting, operation and environmental impact.

New implementing agreement under UNCLOS: A threat or an opportunity for fisheries governance?

Marciniak KJan. New implementing agreement under UNCLOS: A threat or an opportunity for fisheries governance?. Marine Policy [Internet]. 2017 . Available from: http://www.sciencedirect.com/science/article/pii/S0308597X17302580
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $35.95
Type: Journal Article

The purpose of this paper is to analyse the relationship of the proposed new UNCLOS Implementing Agreement concerning the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction with the current legal framework concerning fisheries. It elaborates on selected elements that are under negotiations, namely: marine genetic resources, area-based management tools, including marine protected areas, as well as environmental impact assessments. Each of those elements is analyzed with particular emphasis being laid on the following issues. Firstly, how the current legal status quo in the relevant area looks like. Secondly, how the question of fisheries could be included in a future treaty and, thirdly, what bearing it could have on the current framework of the management of fisheries.

The article concludes with the identification of possible fields where the new treaty could bring added value. However, some possible challenges are mentioned as well. They relate in particular to the fact that the mandate of negotiations underscores that they shall not ‘undermine existing legal instruments and frameworks and relevant global, regional and sectoral bodies’.

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