Governance and Legal Frameworks

Analysis and discussion of 28 recent marine protected area governance (MPAG) case studies: Challenges of decentralisation in the shadow of hierarchy

Jones PJS, Long SD. Analysis and discussion of 28 recent marine protected area governance (MPAG) case studies: Challenges of decentralisation in the shadow of hierarchy. Marine Policy [Internet]. 2020 :104362. Available from: https://www.sciencedirect.com/science/article/pii/S0308597X20310137
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

This paper analyses the governance of MPAs through 28 case studies in 17 countries. Limitations of the polycentric governance concept are discussed, particularly its faith in linkages as a means of resolving conflicts and its assumption that the state should only take a passive role. The concept of coevolutionary governance is described and justified, noting that this essentially builds on polycentrism’s systematic case study analysis approach, but evolves it to move beyond its limitations. Coevolutionary governance takes a synecology perspective to analyse how incentives coevolve through their functional integration, as well as how social and ecological systems can coevolve through the feedback mechanisms of human impacts and ecological services. Drawing on the wider concept of multi-level governance, coevolutionary governance is considered to provide for synergies between governance approaches, proposing that coordination can be achieved and conflicts addressed through reconfigured roles of the state providing steer through governance in ‘the shadow of hierarchy’. The MPAG empirical framework is described and the findings of its application outlined. Drawing on these findings, some key trends within and amongst five categories of incentives are explored. These illustrate that incentives synergistically interact in a way that is analogous to synecology, providing for them to be functionally integrated as a means of combining governance approaches. As such, it is argued that these findings support the validity of the coevolutionary governance concept, as well as supporting the argument that “diversity is the key to resilience, both of species in ecosystems and incentives in governance systems”.

Internationalization of EIA in a new marine biodiversity agreement under the Law of the Sea Convention: A proposal for a tiered approach to review and decision-making

Hassanali K. Internationalization of EIA in a new marine biodiversity agreement under the Law of the Sea Convention: A proposal for a tiered approach to review and decision-making. Environmental Impact Assessment Review [Internet]. 2021 ;87:106554. Available from: https://www.sciencedirect.com/science/article/pii/S0195925521000044?dgcid=raven_sd_search_email
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

Environmental Impact Assessment (EIA) is one of the four main elements of the package being negotiated in the Intergovernmental Conference to develop an international legally binding instrument 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 (BBNJ agreement). “Internationalization” of EIA under the agreement, which partly relates to the international community's role in oversight and outcome of the process, remains a contentious issue that requires continued consideration. Less controversial aspects of internationalization in the EIA process are internationalization of consultation and dissemination of information. They are shown to be critical to achieving quality outcomes and encouraging transparency and accountability. This paper addresses a third dimension of internationalization, relating to review and decision-making, which is proving to be the most divisive in the negotiations to date. This aspect of internationalization is fundamental to allowing decisions taken on proposed activities to be seen as legitimate but concerns exist about the bureaucracy and costs that the process may entail, as well as potential interference with sovereign rights of States Parties under UNCLOS. This paper advances a proposal for internationalization of review and decision-making under the BBNJ agreement that attempts to bridge the divide evident going into the 4th session of the Inter-governmental Conference in 2021.

Marine-Related Learning Networks: Shifting the Paradigm Toward Collaborative Ocean Governance

Dalton K, Skrobe M, Bell H, Kantner B, Berndtson D, Gerhardinger LC, Christie P. Marine-Related Learning Networks: Shifting the Paradigm Toward Collaborative Ocean Governance. Frontiers in Marine Science [Internet]. 2020 ;7. Available from: https://www.frontiersin.org/articles/10.3389/fmars.2020.595054/full?utm_source=F-AAE&utm_medium=EMLF&utm_campaign=MRK_1481182_45_Marine_20201112_arts_A
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

Formal and semi-formal networks are emerging as effective, collaborative, and adaptable approaches for addressing complex, rapidly evolving ocean governance issues. One such group of networks, which we refer to as marine-related learning networks, play multifaceted roles within ocean governance systems by facilitating knowledge creation, exchange, and dissemination, and by building the capacity of individuals and institutions to address problems and improve coastal and ocean governance. This study investigates the emergence, key attributes, and outcomes of marine-related networks using semi-structured interview data from 40 key informants representing 16 different networks that operate around the world at local, national, regional, and global scales. Our findings indicate that marine-related learning networks form in response to knowledge and action gaps and the specific needs of network members, and they function to inform policy and improve ocean management. Their success depends on attributes such as having a distinct purpose, building trust and relationships, emphasizing equitable participation, and supporting clear, sustained leadership. Marine-related learning networks are uniquely positioned to act as catalyzers and conduits to build capacity and develop solutions in response to governance needs through inclusive and collaborative responses to ongoing and emerging marine issues. As such, a broader understanding of their growing significance and the effective practices they employ is warranted.

Coherence of marine alien species biosecurity legislation: A study of England and Wales

Shannon C, Quinn CH, Dunn AM, Stebbing PD. Coherence of marine alien species biosecurity legislation: A study of England and Wales. Marine Pollution Bulletin [Internet]. 2020 ;161:111796. Available from: https://www.sciencedirect.com/science/article/pii/S0025326X20309140?dgcid=raven_sd_search_email
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

The marine environment is particularly at risk from the intentional and unintentional introduction and spread of invasive alien species (IAS); preventing their introduction and spread from occurring is therefore, a key component in the on-going management of marine IAS. Ensuring legislation is coherent and consistent is essential to the success of managing the existing and future impacts of marine IAS. We explore the coherence (determined as consistency and interaction) of marine biosecurity legislation for IAS at different geopolitical scales. There was consistency between both the Bern Convention and Convention on Biological Diversity and European and national legislation that had been created in response. There was a lack of interaction evidenced by the Ballast Water Management Convention, which had not yet been transposed into regional (mainly European) or national legislation. Implementation measures such as legislation should be coherent as any failure in the chain could potentially weaken the overall effort to establish and maintain biosecurity and achieve behaviour change.

A New Paradigm for Social License as a Path to Marine Sustainability

Uffman-Kirsch LB, Richardson BJ, van Putten EIngrid. A New Paradigm for Social License as a Path to Marine Sustainability. Frontiers in Marine Science [Internet]. 2020 ;7. Available from: https://www.frontiersin.org/articles/10.3389/fmars.2020.571373/full?utm_source=F-AAE&utm_medium=EMLF&utm_campaign=MRK_1467818_45_Marine_20201027_arts_A
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

Traditional marine governance can create inferior results. Management decisions customarily reflect fluctuating political priorities and formidable special-interest influence. Governments face distrust and conflicts of interest. Industries face fluctuating or confusing rules. Communities feel disenfranchised to affect change. The marine environment exhibits the impacts. While perceived harm to diverse values and priorities, disputed facts and legal questions create conflict, informed and empowered public engagement prepares governments to forge socially legitimate and environmentally acceptable decisions. Integrity, transparency and inclusiveness matter. This article examines positive contributions engaged communities can make to marine governance and relates it to social license. Social license suffers critique as vague and manufactured. Here its traditional understanding as extra-legal approval that communities give to resource choices is broadened to include a legally sanctioned power to deliberate—social license to engage. The starting hypothesis rests in the legal tradition designating oceans as public assets for which governments hold fiduciary duties of sustainable management benefiting current and future generations. The public trust doctrine houses this legal custom. A procedural due process right for engaged communities should stem from this public-asset classification and afford marine stakeholders standing to ensure management policy accords with doctrinal principles. The (free), prior, informed consent participation standard provides best practice for engaged decision-making. Building on theories from law, social, and political science, we suggest robust public deliberation provides marine use actors methods to earn and sustain their social license to operate, while governmental legitimacy is bolstered by assuring public engagement opportunities are available and protected with outcomes utilized.

Addressing Marine and Coastal Governance Conflicts at the Interface of Multiple Sectors and Jurisdictions

Bellanger M, Speir C, Blanchard F, Brooks K, Butler JRA, Crosson S, Fonner R, Gourguet S, Holland DS, Kuikka S, et al. Addressing Marine and Coastal Governance Conflicts at the Interface of Multiple Sectors and Jurisdictions. Frontiers in Marine Science [Internet]. 2020 ;7. Available from: https://www.frontiersin.org/articles/10.3389/fmars.2020.544440/full?utm_source=F-AAE&utm_medium=EMLF&utm_campaign=MRK_1437459_45_Marine_20200922_arts_A
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

Marine and coastal activities are closely interrelated, and conflicts among different sectors can undermine management and conservation objectives. Governance systems for fisheries, power generation, irrigation, aquaculture, marine biodiversity conservation, and other coastal and maritime activities are typically organized to manage conflicts within sectors, rather than across them. Based on the discussions around eight case studies presented at a workshop held in Brest in June 2019, this paper explores institutional approaches to move beyond managing conflicts within a sector. We primarily focus on cases where the groups and sectors involved are heterogeneous in terms of: the jurisdiction they fall under; their objectives; and the way they value ecosystem services. The paper first presents a synthesis of frameworks for understanding and managing cross-sectoral governance conflicts, drawing from social and natural sciences. We highlight commonalities but also conceptual differences across disciplines to address these issues. We then propose a novel analytical framework which we used to evaluate the eight case studies. Based on the main lessons learned from case studies, we then discuss the feasibility and key determinants of stakeholder collaboration as well as compensation and incentive schemes. The discussion concludes with future research needs to support policy development and inform integrated institutional regimes that consider the diversity of stakeholder interests and the potential benefits of cross-sectoral coordination.

Struggling over shellfish: How diverging perceptions of marine nature distort deliberative governance

de Koning S, Steins NA, Toonen HM. Struggling over shellfish: How diverging perceptions of marine nature distort deliberative governance. Ocean & Coastal Management [Internet]. 2020 ;198:105384. Available from: https://www.sciencedirect.com/science/article/pii/S0964569120302921?dgcid=raven_sd_search_email
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

Deliberative governance is gaining increasing attention in the management of natural resources with conflicting stakes. Although disputed knowledge is known to affect deliberation, the role of perceptions is understudied. Based on a case study in the Dutch Wadden Sea, a marine protected area, we examine the social representations of shellfish fisheries and marine nature of stakeholders within one deliberative governance arrangement, the Mussel Covenant. Our results show that within this covenant there are two opposing social representations of marine nature which both are not in line with the agreed objectives. Instead, governmental policies still form the guidelines to covenant decisions. We conclude that diverging representations and state-influence decrease deliberation. Therefore, we argue that deliberative governance is not possible without explicitly considering the different cognitive, normative and expressive meanings attached to the marine area or issue at stake. To achieve deliberation, values of stakeholders should explicitly be acknowledged and discussed, and state-influence should be kept to a minimum.

Experiences With Governance in Three Marine Conservation Zoning Initiatives: Parameters for Assessment and Pathways Forward

Muhl E-K, Dias ACarolina E, Armitage D. Experiences With Governance in Three Marine Conservation Zoning Initiatives: Parameters for Assessment and Pathways Forward. Frontiers in Marine Science [Internet]. 2020 ;7. Available from: https://www.frontiersin.org/articles/10.3389/fmars.2020.00629/full
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

In this perspective paper, we examine the challenges of governance in three marine conservation settings where rights, access to resources and zoning intersect with changing social and ecological conditions: (1) Tsitsikamma Marine Protected Area in South Africa; (2) Marine Protected Area of the Northern Coast of São Paulo (APAMLN) in Brazil; and (3) Gwaii Haanas National Marine Conservation Area Reserve in Canada. Many MPAs and related zoning initiatives are located adjacent to coastal communities that rely on marine and coastal resources for their livelihoods. Thus, processes of zoning must often address local use of natural resources which can be perceived by decision-makers and regulators as problematic. Our analysis highlights how conservation zoning intersects with the perception of diverse stakeholders regarding a range of governance dimensions, including: (1) levels of participation and compliance; (2) the clarity of zoning and conservation objectives; (3) livelihood impacts and benefits; (4) evidence of ecological and conservation benefits; and (5) the influence on sense of place. Pathways forward to address the challenges of governance associated with zoning include the importance of co-producing knowledge for more robust zoning outcomes, and situating zoning processes in a co-management context in which power and authority are more evenly distributed.

The Melting Snowball Effect: A Heuristic for Sustainable Arctic Governance Under Climate Change

Dankel DJ, Tiller RG, Koelma E, Lam VWY, Liu Y. The Melting Snowball Effect: A Heuristic for Sustainable Arctic Governance Under Climate Change. Frontiers in Marine Science [Internet]. 2020 ;7. Available from: https://www.frontiersin.org/articles/10.3389/fmars.2020.00537/full?utm_source=F-AAE&utm_medium=EMLF&utm_campaign=MRK_1376892_45_Marine_20200714_arts_A
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

Climate change in the Arctic is occurring at a rapid rate. In Longyearbyen, Svalbard, the world’s northernmost city, deadly avalanches and permafrost thaw-induced architectural destruction has disrupted local governance norms and responsibilities. In the North Atlantic, the warming ocean temperatures have contributed to a rapid expansion of the mackerel stock which has spurred both geo-political tensions but also tensions at the science-policy interface of fish quota setting. These local climate-induced changes have created a domino-like chain reaction that intensifies through time as a warming Arctic penetrates deeper into responsibilities of governing institutions and science institutions. In face with the increasing uncertain futures of climate-induced changes, policy choices also increase revealing a type of “snowballing” of possible futures facing decision-makers. We introduce a portmanteau-inspired concept called “The Melting Snowball Effect” that encompasses the chain reaction (“domino effect”) that increases the number of plausible scenarios (“snowball effect”) with climate change (melting snow, ice and thawing permafrost). We demonstrate the use of “The Melting Snowball Effect” as a heuristic within a Responsible Research and Innovation (RRI) framework of anticipation, engagement and reflection. To do this, we developed plausible scenarios based on participatory stakeholder workshops and narratives from in-depth interviews for deliberative discussions among academics, citizens and policymakers, designed for informed decision-making in response to climate change complexities. We observe generational differences in discussing future climate scenarios, particularly that the mixed group where three generations were represented had the most diverse and thorough deliberations.

European policies and legislation targeting ocean acidification in european waters - Current state

Galdies C, Bellerby R, Canu D, Chen W, Garcia-Luque E, Gašparović B, Godrijan J, Lawlor PJ, Maes F, Malej A, et al. European policies and legislation targeting ocean acidification in european waters - Current state. Marine Policy [Internet]. 2020 ;118:103947. Available from: https://www.sciencedirect.com/science/article/pii/S0308597X19309054
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

Ocean acidification (OA) is a global problem with profoundly negative environmental, social and economic consequences. From a governance perspective, there is a need to ensure a coordinated effort to directly address it. This study reviews 90 legislative documents from 17 countries from the European Economic Area (EEA) and the UK that primarily border the sea. The primary finding from this study is that the European national policies and legislation addressing OA is at best uncoordinated. Although OA is acknowledged at the higher levels of governance, its status as an environmental challenge is greatly diluted at the European Union Member State level. As a notable exception within the EEA, Norway seems to have a proactive approach towards legislative frameworks and research aimed towards further understanding OA. On the other hand, there was a complete lack of, or inadequate reporting in the Marine Strategy Framework Directive by the majority of the EU Member States, with the exception of Italy and the Netherlands. We argue that the problems associated with OA and the solutions needed to address it are unique and cannot be bundled together with traditional climate change responses and measures. Therefore, European OA-related policy and legislation must reflect this and tailor their actions to mitigate OA to safeguard marine ecosystems and societies. A stronger and more coordinated approach is needed to build environmental, economic and social resilience of the observed and anticipated changes to the coastal marine systems.

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