Governance and Legal Frameworks

Assembling global conservation governance

Corson C, Campbell LM, Wilshusen P, Gray NJ. Assembling global conservation governance. Geoforum [Internet]. In Press . Available from: https://www.sciencedirect.com/science/article/pii/S001671851930096X
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $19.95
Type: Journal Article

As the configuration of global environmental governance has become more complex over the past fifty years, numerous scholars have underscored the importance of understanding the transnational networks of public, private and nonprofit organizations that comprise it. Most methodologies for studying governance emphasize social structural elements or institutional design principles and focus less attention on the social interactions that generate diffuse, hybrid regimes. Yet capturing the dynamics of these networks requires a relational methodology that can account for a range of elements that constantly shift and change relative to overlapping institutional boundaries. Collaborative Event Ethnography draws on insights from multi-sited, team, and institutional ethnography to assemble teams of researchers to study major international conferences, which offer important political spaces where public, private, and nonprofit actors align around sanctioned logics and techniques of governance. Drawing on insights generated from these conferences and field sites across the globe, we trace the constitutive forces behind paradigm shifts in biodiversity conservation, specifically the interconnected rise of market-based approaches, global targets, and new conservation enclosures. We show how the iterative refining of the methodology over five events generated an increasingly robust understanding of global conservation governance as processual, dynamic, and contingent, constituted through constantly shifting assemblages of state and nonstate actors, devices and narratives that collectively configure fields of governance. Finally, we reflect on how our team, as an evolving combination of researchers, research interests, and data collection tools—itself an assemblage, —has informed the continual refinement of the methodology and generated novel understandings of global conservation governance.

Enabling Effective and Equitable Marine Protected Areas – guidance on combining governance approaches

PJS J, RH M, O V. Enabling Effective and Equitable Marine Protected Areas – guidance on combining governance approaches. Ecosystems Division, UN Environment; 2019. Available from: https://www.unenvironment.org/resources/enabling-effective-and-equitable-marine-protected-areas-guidance-combining-governance
Freely available?: 
Yes
Summary available?: 
No
Type: Report

This guide provides evidence-based advice on how to use the governance of marine protected areas to promote conservation and share sustainable marine resources. It has been developed using marine protected area (MPA) case studies from around the world. People who can benefit from this guide include planners, decision makers and practitioners engaged in marine protected area development and implementation, or those who have a general interest in protected area governance. It provides a governance framework and highlights key issues to address specific governance situations. It can be used as part of an adaptive management cycle. The case studies (page 12-13) highlight different governance approaches, challenges faced, and solutions implemented to achieve conservation objectives. Some marine protected areas are more effective than others, but they all highlight areas for improvement and indications of what could be implemented to enhance their effectiveness. All MPAs display unique characteristics and face their own complex combination of challenges. There is no "one size fits all" solution. This guidance recognizes this and provides a flexible approach to governance that can be relevant to any MPA and used on an ongoing basis. The case studies cover a variety of MPA types, including notake, multiple-use, small, large, remote, private, governmentled, decentralized and community-led MPAs. The global and varied examples used to support this guidance have demonstrated and highlighted the differences in the various roles that are taken within the governance and management of MPAs, between men and women as well as between different classes and ethnicities. These differences are identified across a variety of regions and cultural contexts, where there is not always equal opportunity to voice concerns and influence decisions and the benefits from protected areas are not equally distributed, frequently resulting in marginalization (Box 1). Global in scope, it recognizes the essential aspects of gender, class and ethnicity-related equality, as fundamental factors to achieving sustainable development goals and delivering effective and equitable governance of MPAs. This should be taken into account for all MPA governance projects to provide equality across all gender class and ethnicityrelated characteristics.

Legal approaches to MPA governance in Indo-Pacific small island states: A focus on public participation

Techera E. Legal approaches to MPA governance in Indo-Pacific small island states: A focus on public participation. Ocean & Coastal Management [Internet]. 2019 ;177:87 - 96. Available from: https://www.sciencedirect.com/science/article/pii/S0964569119300948
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $35.95
Type: Journal Article

The Indo-Pacific small island states characteristically have relatively small land areas but large maritime zones that include biodiversity hotspots, fragile ecosystems and unique habitats affected by anthropogenic impacts and natural pressures. Whilst there are differences between these nations in terms of geography, history, and politico-legal systems, the majority are developing countries with limited technical and financial resources to implement laws for marine conservation and management. Despite these limitations all the small island states have laws for marine protected areas (MPAs) in one form or another. Because these countries also rely heavily on the coastal zone and marine resources in terms of subsistence and livelihoods for local communities, the extent to which the law accommodates civil society interests, and involvement in decision-making and management, is critical. Although some studies have explored law and policy relevant to MPAs in individual countries, rarely have countries across the Indo-Pacific region been compared. By doing so, different approaches and success stories can be shared, as well as legislative gaps and challenges addressed. This paper outlines the legal frameworks that provide for the establishment and management of MPAs in a selection of small island states across the Indo Pacific. The laws have been comparatively analysed to demonstrate the extent to which they provide for public participation and community-based management. The results are presented together with lessons learnt and recommendations made for future legal developments. The article, therefore, contributes to the growing body of literature on MPA governance, marine management in island States, and how to advance social sustainability.

Unravelling Persistent Problems to Transformative Marine Governance

Kelly C, Ellis G, Flannery W. Unravelling Persistent Problems to Transformative Marine Governance. Frontiers in Marine Science [Internet]. 2019 ;6. Available from: https://www.frontiersin.org/articles/10.3389/fmars.2019.00213/full
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

Coasts are dynamic socio-ecological systems, subject to increasing anthropogenic pressures that present complex challenges for the design of effective coastal and marine governance systems. There are many contributing factors to the unsustainability of the marine environment, including weak governance arrangements. Typically, the management of coastal and marine ecosystems is undertaken in a fragmented way, with responsibilities dispersed across a number of bodies. ‘Integrated management’ is often proposed in normative approaches to marine management as a mechanism for securing more sustainable outcomes. The implementation of integrated management, however, tends to occur within existing governance structures and fails to address deep-rooted issues such as path dependency, institutional inertia, and policy layering. These barriers to transformative marine governance are re-framed in this paper as ‘persistent problems’ which inhibit more holistic approaches to achieve effective integrated management. Using insights from two Irish case studies to show how the implementation of innovative local initiatives for sustainable coastal and marine management are constrained by persistent institutional problems, it is concluded that an alternative management paradigm is required to understand and address the complexities involved in the design and delivery of an integrated management regime.

Too important to fail? Evaluating legal adaptive capacity for increasing coastal and marine aquaculture production in EU-Finland

Soininen N, Belinskij A, Similä J, Kortet R. Too important to fail? Evaluating legal adaptive capacity for increasing coastal and marine aquaculture production in EU-Finland. Marine Policy [Internet]. In Press :103498. Available from: https://www.sciencedirect.com/science/article/pii/S0308597X18308820
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $35.95
Type: Journal Article

This article analyses the legal adaptive capacity for increasing sustainable fish aquaculture production in EU-Finland. Currently, fish aquaculture is driven by increasing global demand of fish, declining natural fisheries, food security and blue growth policies. At the same time, environmental policies such as the EU Water Framework Directive and the Marine Strategy Framework Directive set tightening legal-ecological requirements for the industry's nutrient emissions. Against this background, the success of blue growth policies related to aquaculture – and the hope of reconciling competing interests at sea – boil down to measures available for dealing with excess nutrients. In line with the mitigation hierarchy, the article establishes four alternative pathways for the fish aquaculture industry to grow without increasing its environmental nutrient footprint significantly, and evaluates the legal adaptive capacity and the legal risks attached to these pathways.

High-profile international commitments for ocean protection: Empty promises or meaningful progress?

Grorud-Colvert K, Constant V, Sullivan-Stack J, Dziedzic K, Hamilton SL, Randell Z, Fulton-Bennett H, Meunier ZD, Bachhuber S, Rickborn AJ, et al. High-profile international commitments for ocean protection: Empty promises or meaningful progress?. Marine Policy [Internet]. 2019 ;105:52 - 66. Available from: https://www.sciencedirect.com/science/article/pii/S0308597X18307371
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

As 2020 approaches, countries are accelerating their commitments to protect 10% of the ocean by establishing and expanding marine protected areas (MPAs) and other area-based protections. Since it began in 2014, the Our Ocean Conference (OOC) has become a high-profile platform to announce ocean commitments. To evaluate the impact of these promises, this analysis asked: (1) What are the MPA commitments? (2) Who is making them? (3) Have these announcements been followed by action? and (4) Have they contributed significantly to ocean protection? A systematic review of the 143 MPA announcements made at the four OOCs between 2014 and 2017 (and the 202 individual actions they encompassed) concluded that the numbers and sectors of announcers, as well as the types of actions, increased over time. Fifty-two countries and 52 other organizations made OOC commitments, 46% of which have been completed and 56% of which are still incomplete. Thirteen countries and 17 organizations have completed all of their actions. All organizations and 48 out of 52 countries have made some progress on their actions, but no evidence of progress could be found for actions from four countries. OOC announcements have promised to protect 3.4% of the ocean (12,279,931 km2). To date, 43% of that promised area has been implemented, with another 57% yet to be implemented. Based on these findings, a number of actions are recommended to improve the clarity and traceability of OOC announcements, facilitate the monitoring of outcomes, and deliver on the promise of accountability emphasized at the OOCs.

Enhancing coastal areas governance for sustainable tourism in the context of urbanization and climate change in eastern Thailand

Nitivattananon V, Srinonil S. Enhancing coastal areas governance for sustainable tourism in the context of urbanization and climate change in eastern Thailand. Advances in Climate Change Research [Internet]. 2019 . Available from: https://www.sciencedirect.com/science/article/pii/S1674927818300601
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

Coastal areas in the eastern sub-region of Thailand, a popular destination in Southeast Asia, are facing rapid tourism-related urbanization and associated consequences of environment and climate change (CC). Thus, this study aims to analyze the relationships between tourism, coastal areas, the environment, and CC in the context of tourism urbanization; and recommend strategies for enhancing the governance of coastal areas. Three popular destinations were selected as study areas, Koh Chang, Pattaya, and Koh Mak. Group discussions, questionnaire surveys, interviews, and observation were used for primary data collection together with secondary data. The results show that the development of these destinations has been incompatible with the coastal environment and CC patterns. Rapid urbanization from tourism development is the main driver of environmental changes and makes the areas vulnerable to CC-related risks. While water scarcity and pollution are found the most critical environmental issues of the destinations, coastal areas are negatively affected in terms of increased air and water pollution and resource degradation. They have also been exposed to different CC-related problems while the risks of accumulative impacts of both environment and CC have not been adequately recognized or addressed. Although some measures have provided synergies of improved environment and increased climate resilience, possible conflicts and gaps were also found. Public infrastructure integration and optimization to enhance coastal areas’ environment and climate resilience are suggested.

Emergence and diversity of marine protected areas in Madagascar

Ratsimbazafy H, Lavitra T, Kochzius M, Hugé J. Emergence and diversity of marine protected areas in Madagascar. Marine Policy [Internet]. In Press . Available from: https://www.sciencedirect.com/science/article/pii/S0308597X18304937
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $35.95
Type: Journal Article

The protection of marine biodiversity is considered a global priority, as exemplified in the Convention on Biological Diversity's Aichi targets and in Sustainable Development Goal 14. Marine protected areas (MPAs) are considered to be effective conservation and fisheries management tools that generate various ecological and social-economic benefits. MPAs come in all types and sizes, and are managed following different principles, users' needs, and preferences. Madagascar's unique marine biodiversity is currently protected under a range of MPA regimes that emerged comparatively recently, long after the terrestrial protected areas. This study describes the historical outline of the MPA development process in Madagascar, and proposes inputs for the future management of MPAs. A policy arrangement approach to structure an iterative Delphi survey was used to analyse how discourse, actors, rules and resources have shaped MPA development in Madagascar. The findings suggest that international initiatives and funding have played a key role in the early days of MPA emergence, while currently co-management between governmental and non-governmental actors shows mixed results regarding conservation effectiveness. Challenges include a better coordination of efforts among various stakeholders, granting a large responsibility to local communities, e.g. in the successful locally managed marine areas (LMMAs), and integrating customary law into the set of regulations for marine conservation and sustainable management in Madagascar.

An analysis of actors' perceptions of Maio island's (Cape Verde) marine governance

Dancette R, Brêthes J-C. An analysis of actors' perceptions of Maio island's (Cape Verde) marine governance. Marine Policy [Internet]. 2019 ;104:177 - 197. Available from: https://www.sciencedirect.com/science/article/pii/S0308597X18305347
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $35.95
Type: Journal Article

This paper compares the perceptions of various actors who come from Maio island's (Cape Verde) small-scale fishing community or are working on or studying its marine management. The research analyses environmental governance perceptions (desired governance) in relation to official (de jure) governance and effective (de facto) governance. It uses the Actor in 4 Dimensions method (including adapted individual interviews on Maio's social-ecological system) to produce graphical environmental footprints that portray a diversity of actors' and groups' perceptions. Footprint results show a clear general tendency for a strong prominence of the “cooperation” (social profile) and “cohabitation” (environmental profile) dimensions, compared with the much lighter stamps of their opposite “conflict” and “domination” dimensions. It appears that although most actors wish to preserve Maio's marine environment, some hope for more economic development while others wish to preserve their island's renowned quiet. Also, many actors feel that despite being included in some territorial discussions, they are not in a position to decide on policies that strongly affect them such as fishing agreements and tourism development. This perceived inability to influence island and community development combined with larger-scale policies that override local interests to various extents are both influenced by path dependence. A redirection of policies and actions in favor of island communities' subsistence and autonomy (empowerment and extensive participative governance) could reverse the harmful “external forces cascade” effects solely if power delegation is accompanied by sufficient economic and human means and is not impaired by larger-scale policies and activities.

Ecological connectivity between the areas beyond national jurisdiction and coastal waters: Safeguarding interests of coastal communities in developing countries

Popova E, Vousden D, Sauer WHH, Mohammed EY, Allain V, Downey-Breedt N, Fletcher R, Gjerde KM, Halpin PN, Kelly S, et al. Ecological connectivity between the areas beyond national jurisdiction and coastal waters: Safeguarding interests of coastal communities in developing countries. Marine Policy [Internet]. 2019 ;104:90 - 102. Available from: https://www.sciencedirect.com/science/article/pii/S0308597X19300764
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

The UN General Assembly has made a unanimous decision to start negotiations to establish an international, legally-binding instrument for the conservation and sustainable use of marine biological diversity within Areas Beyond National Jurisdiction (ABNJ). However, there has of yet been little discussion on the importance of this move to the ecosystem services provided by coastal zones in their downstream zone of influence. Here, we identify the ecological connectivity between ABNJ and coastal zones as critically important in the negotiation process and apply several approaches to identify some priority areas for protection from the perspective of coastal populations of Least Developed Countries (LDCs). Initially, we review the scientific evidence that demonstrates ecological connectivity between ABNJ and the coastal zones with a focus on the LDCs. We then use ocean modelling to develop a number of metrics and spatial maps that serve to quantify the connectivity of the ABNJ to the coastal zone. We find that the level of exposure to the ABNJ influences varies strongly between countries. Similarly, not all areas of the ABNJ are equal in their impacts on the coastline. Using this method, we identify the areas of the ABNJ that are in the most urgent need of protection on the grounds of the strength of their potential downstream impacts on the coastal populations of LDCs. We argue that indirect negative impacts of the ABNJ fishing, industrialisation and pollution, communicated via oceanographic, cultural and ecological connectivity to the coastal waters of the developing countries should be of concern.

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