Governance and Legal Frameworks

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’.

Is there a need for a new governance model for regionalised Fisheries Management? Implications for science and advice

van Hoof L, Kraus G. Is there a need for a new governance model for regionalised Fisheries Management? Implications for science and advice. Marine Policy [Internet]. 2017 ;84:152 - 155. Available from: http://www.sciencedirect.com/science/article/pii/S0308597X17301586
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $35.95
Type: Journal Article

Over the years, the breadth and depth of EU marine policy has increased with revisions of the Common Fisheries Policy (CFP) and new legislation like the Marine Strategy Framework Directive (MSFD), Integrated Maritime Policy (IMP) and the Framework for Marine Spatial Planning Directive in Europe (FMSP). Not only do these different policies have different remits and hence scope, they also present a multitude of modes of implementation. Although the CFP and MSFD have many common goals when it comes to conservation and sustainable use of living marine resources, they differ substantially in governance set up and implementation modalities, including the underlying scientific advisory processes and structures. Regional cooperation and coordination is foreseen, but there is no governance model in place to coordinate requests for scientific advice, nor institutions coordinating the activities of advice providers, either across policies or across regions. This results in an increase in uncoordinated requests for scientific advice yet the pool of experts fuelling the advisory system is limited. As a result the European marine scientific advisory system is increasingly under pressure. In this paper the consequences of this problem are analysed and a redesign of the institutional governance setting to accommodate these challenges and make the science and advice system ready for the future is explored.

Governing the Coastal Commons: Communities, Resilience and Transformation

Armitage D, Charles A, Berkes F eds. Governing the Coastal Commons: Communities, Resilience and Transformation. Routledge; 2017 p. 272 pp. Available from: https://www.routledge.com/Governing-the-Coastal-Commons-Communities-Resilience-and-Transformation/Armitage-Charles-Berkes/p/book/9781138918436
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $40.57
Type: Book

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.  

Assessing governance performance in transboundary water systems

Mahon R, Fanning L, McConney P. Assessing governance performance in transboundary water systems. Environmental Development [Internet]. 2017 . Available from: http://www.sciencedirect.com/science/article/pii/S2211464516302949
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $31.50
Type: Journal Article

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.

Innovating for change in global fisheries governance: an introduction

van der Marel ER, Caddell R, Johansen E. Innovating for change in global fisheries governance: an introduction. Marine Policy [Internet]. 2017 . Available from: http://www.sciencedirect.com/science/article/pii/S0308597X17304232
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $35.95
Type: Journal Article

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.

Redefining environmental stewardship to deliver governance frameworks for marine biodiversity beyond national jurisdiction

Ridings P. Redefining environmental stewardship to deliver governance frameworks for marine biodiversity beyond national jurisdiction. ICES Journal of Marine Science [Internet]. 2017 . Available from: https://academic.oup.com/icesjms/article-abstract/doi/10.1093/icesjms/fsx122/3953910/Redefining-environmental-stewardship-to-deliver?redirectedFrom=fulltext
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $42.00
Type: Journal Article

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.

Governing the fisher body – safety as body-politics and fisheries governance

Sonvisen SAnnie, Thorvaldsen TM, Johnsen JPetter. Governing the fisher body – safety as body-politics and fisheries governance. Maritime Studies [Internet]. 2017 ;16(1). Available from: https://maritimestudiesjournal.springeropen.com/articles/10.1186/s40152-017-0063-7
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

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.

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