Governance and Legal Frameworks

Sea change: Negotiating a new agreement on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction

Wright G, Rochette J. Sea change: Negotiating a new agreement on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction. Paris, France: IDDRI; 2016. Available from: http://www.iddri.org/Publications/Sea-change-Negotiating-a-new-agreement-on-the-conservation-and-sustainable-use-of-marine-biodiversity-in-areas-beyond-national-j
Freely available?: 
Yes
Summary available?: 
No
Type: Report

Marine areas beyond national jurisdiction (ABNJ) represent nearly half of the Earth’s surface and a significant portion of its biodiversity. The remoteness of ABNJ and a lack of knowl- edge previously placed them beyond the reach of human activities, but technological advancements, increased scientific knowledge, and growing demand for resources have increased interest in these areas, driving exploration and exploitation. Activities such as shipping and fishing have intensified and expanded, while a range of new activi- ties are under development. Furthermore, climate change and ocean acidification are predicted to compound the impacts of these activities and place further pressure on marine ecosystems.

The international community has become increasingly aware of the growing threats to ecosystems in ABNJ and States have been discuss- ing options to conserve and sustainably use their biodiversity. In 2015, after almost ten years of informal discussions, States took the historic decision to open negotiations for a new international legally binding instrument on the conservation and sustainable use of marine bio- logical diversity of ABNJ, under the framework of the United Nations Convention on the law of the sea (UNCLOS). The next few years will therefore be of great importance for the future of international ocean governance as States begin to navigate the complex issues at stake and negotiate the provisions of a new agreement. 

The long and winding road continues: Towards a new agreement on high seas governance

Wright G, Rochette J, Druel E, Gjerde K. The long and winding road continues: Towards a new agreement on high seas governance. Paris, France: IDDRI; 2016. Available from: http://www.iddri.org/Publications/Collections/Analyses/ST0116_GW%20et%20al._high%20seas.pdf
Freely available?: 
Yes
Summary available?: 
No
Type: Report

A CONSENSUS ON A NEW INTERNATIONAL AGREEMENT GOVERNING THE HIGH SEAS

In 2015, States agreed to launch negotiations for the elaboration of an inter- national legally binding instrument dedicated to the conservation and sustainable use of the marine biological diversity of areas beyond national jurisdiction (ABNJ). States have expressed a wide range of positions to date: some have focussed on the issue of marine genetic resources (MGRs); others have been primarily concerned with conservation and sustainable use; a few have been sceptical of the need for a new instrument.

BUILDING ON A DECADE OF DISCUSSIONS: ISSUES AT STAKE

The negotiations, starting at the United Nations on March 28, 2016, will focus on a "Package Deal" of issues: MGRs, including questions on the sharing of benefits; measures for conservation and sustainable use, such as area-based management tools, including marine protected areas (MPAs); environmental impact assessments; capacity-building and the transfer of marine technology. Negotiators will face complex issues and challenges, especially the creation of an access and benefit sharing mechanism for MGRs and a mechanism for the creation of MPAs in ABNJ. Additional chal- lenges will arise in the negotiation of an agreement and the creation of an appropriate institutional structure that do not undermine the mandates of existing organisations. 

Coastal zone management – between politics and law: new guidelines for differentiated management of the shore zone in Norway

Schütz SEskeland, Myklebust IElise. Coastal zone management – between politics and law: new guidelines for differentiated management of the shore zone in Norway. Local Environment [Internet]. 2016 ;21(2):189 - 201. Available from: http://www.tandfonline.com/doi/abs/10.1080/13549839.2014.932338
Freely available?: 
No
Summary available?: 
No
Type: Journal Article

Norway has more than 100,000 km of coastline and associated shore zone. The shore zone is an attractive area for development and infrastructure on the one hand, and recreation and protection of biological diversity on the other. The Norwegian Planning and Building Act contains a general ban on any building in the area between the ordinary high water mark and up to 100 m inland from the shoreline. Exemptions can be granted, however, by the competent municipality through land planning and individual decisions. The importance attached to leaving the shore zone untouched varies from region to region. There are large geographical differences in terms of biodiversity, cultural heritage, landscape, development, development pressure, migration and depopulation, and commercial activity, as well as public access to the coastal areas and the ocean. Since 2011, the entire Norwegian shore zone became subject to guidelines that regulate a geographical differentiation of management and a more severe protection of central areas. This article analyses key aspects of the Norwegian shore zone regulation.

Exploring the winners and losers of marine environmental governance

Flannery W, Ellis G, Ellis G, Flannery W, Nursey-Bray M, van Tatenhove JPM, Kelly C, Coffen-Smout S, Fairgrieve R, Knol M, et al. Exploring the winners and losers of marine environmental governance. Planning Theory & Practice [Internet]. 2016 ;17(1):121 - 151. Available from: http://www.tandfonline.com/doi/full/10.1080/14649357.2015.1131482
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

Marine Spatial Planning (MSP) has rapidly become the most commonly endorsed management regime for sustainable development in the marine environment. MSP is advocated as a means of managing human uses of the sea in a sustainable manner, in the face of ever-increasing demands on marine resources. While MSP is quickly becoming the dominant marine management paradigm, there has been comparatively little assessment of the potential negative impacts and possible distributive impacts that may arise from its adoption. This should be a key challenge for both academic and practitioner communities and therefore offers a fruitful topic for Interface.

In the contributions that follow, we hear from a range of voices and perspectives on these important themes. The lead paper (Ellis and Flannery, pp. 122–128) argues for a broader, more critical, under- standing of the social and distributive impacts of MSP, advocating a radical turn in MSP away from a rationalism of science and neoliberal logic towards more equity-based, democratic decision-making and a fairer distribution of our ocean wealth.

Summary of the results of the public consultation on international Ocean Governance

Anon. Summary of the results of the public consultation on international Ocean Governance. Brussels: European Commission, DG MARE; 2016. Available from: http://ec.europa.eu/newsroom/mare/itemdetail.cfm?item_id=28619
Freely available?: 
Yes
Summary available?: 
No
Type: Report

The public consultation aimed at assessing the current ocean governance framework and the EU’s role in achieving better ocean governance worldwide. The Commission received over 150 replies from a variety of groups, the largest being public authorities (26%), citizens (19%), NGOs and businesses (each 17%).

For the vast majority of respondents, the current framework is not effective enough: we need better implementation of rules and better coordination between existing bodies, we need to fill existing legal gaps on exploitation and we need to improve ocean knowledge. Regional Seas Conventions and Regional Fisheries Management Organisations are invaluable, but could be strengthened. Existing agreements like the FAO Port State Measures Agreement need to be ratified for them to take full effect.

Respondents confirmed that the EU has an important role to play on the international scene to tackle these challenges, particularly by exerting its economic and political weight. The EU is already spearheading the global fight against illegal fishing, pushing for a new international legal agreement under the UN to preserve marine biodiversity in areas beyond national jurisdiction, and promoting research cooperation through an Atlantic Ocean research alliance with the US and Canada (the 'Galway declaration'). 

The sea is rising... but not onto the policy agenda: A multiple streams approach to understanding sea level rise policies

Yusuf J-E, Neill K, John BS, Ash IK, Mahar K. The sea is rising.. but not onto the policy agenda: A multiple streams approach to understanding sea level rise policies. Environment and Planning C: Government and Policy [Internet]. 2016 ;34(2):228 - 243. Available from: http://epc.sagepub.com/content/34/2/228.abstract
Freely available?: 
No
Summary available?: 
No
Type: Journal Article

There has been little policy effort to address sea level rise in coastal states in the US. It is important to examine, at the state level, how the multitude of different (and changing) actors with different preferences and perspectives contribute to such inertia. This study examines state-level legislative inaction with regards to sea level rise. Using Kingdon's multiple streams framework, we draw a picture of the policy landscape in Virginia as one where the problem of sea level rise is perceived as a low priority, with little consensus on achievable policy solutions, and is politically controversial. We find that policy inertia in Virginia is a result of (1) fractious viewpoints regarding sea level rise as a problem, (2) a lack of clear consensus on policy solutions, and (3) conflicting perspectives of the role of the state.

Influence of Governance Context on the Management Performance of Marine Protected Area Networks

Horigue V, Fabinyi M, Pressey RL, Foale S, Aliño PM. Influence of Governance Context on the Management Performance of Marine Protected Area Networks. Coastal Management [Internet]. 2016 ;44(1):71 - 91. Available from: http://www.tandfonline.com/doi/abs/10.1080/08920753.2016.1116678
Freely available?: 
No
Summary available?: 
No
Type: Journal Article

In the Philippines, networks of marine protected areas (MPAs) are more complex than individual MPAs, primarily due to involvement of multiple governance units. Hence, there is a need to understand the influence of governance context of networks on management performance. We addressed this need indirectly by evaluating the participation of network members and the governance capacity of three MPA networks with varying sizes, histories, and compositions of local governments and constituencies. We defined participation as the involvement of local governments and other stakeholders in decision-making processes. We defined governance capacity as the ability to govern interactions of social, economic, and political processes and dynamics in a political unit. We used qualitative, semi-structured key informant interviews and focus group discussions to ascertain whether participation and governance capacity are influenced by network size, institutional arrangements, and social and political contexts. We found that the sizes of the MPA networks did not affect participation and governance capacity. Instead, participation and capacity were influenced by institutional arrangements and the socioeconomic and political contexts of the local governments involved. We found that less complicated network objectives and systems for engagement, more inclusive membership, better communication, incentive systems, and strong leadership enhanced participation and governance capacity.

Ocean governance and maritime security in a placeful environment: The case of the European Union

Germond B, Germond-Duret C. Ocean governance and maritime security in a placeful environment: The case of the European Union. Marine Policy [Internet]. 2016 ;66:124 - 131. Available from: http://www.sciencedirect.com/science/article/pii/S0308597X16000154
Freely available?: 
No
Summary available?: 
No
Type: Journal Article

Adopting a critical geopolitics approach that accounts for the mutually reinforcing link between geo-informed narratives and projection practices, this article proposes that ocean governance and maritime security have translated into states' and regional organisations' increasing control over maritime spaces. This leads to a certain territorialisation of the sea, not so much from a sovereignty and jurisdictional perspective but from a functional and normative perspective. The article starts by discussing the ways oceans have been represented and shows that they are far from a placeless void, both in practice and in discourse. The article then frames the analysis of ocean governance and maritime security within critical geopolitics, and elaborates on the case of the European Union's narrative and practice. It concludes on the mutually reinforcing link between discourse and practice in the field of ocean governance and maritime security in general, and on the consequences for the EU in particular. Scholars working on ocean governance and maritime security are encouraged to challenge the traditional view that oceans are placeless.

The Proliferation of Marine Protected Areas Under International Law, European Union Law and Japanese Law

Sato C. The Proliferation of Marine Protected Areas Under International Law, European Union Law and Japanese Law. Tokyo: Springer Japan; 2016 pp. 169 - 184. Available from: http://link.springer.com/chapter/10.1007/978-4-431-55435-6_9
Freely available?: 
No
Summary available?: 
No
Type: Book

In this chapter, I describe existing international and regional rules on marine protected areas (MPAs), which are established to protect marine living resources and the marine ecosystem, including habitat, fauna and flora. First, I explain the international legal framework, including the United Nations Convention on the Law of the Sea (UNCLOS), the Convention on Biological Diversity (CBD) and relevant regulations adopted by the International Maritime Organization (IMO); second, I explain European Union (EU) law, which prescribes MPAs; third, I briefly mention the legal framework for protecting the marine environment in Japan and fourth, I attempt to clarify the limitations of the existing legal framework from an implementation perspective and briefly mention the actions that could be taken for effective protection of the marine environment.

Bridging Organizations Drive Effective Governance Outcomes for Conservation of Indonesia’s Marine Systems

Berdej SM, Armitage DR. Bridging Organizations Drive Effective Governance Outcomes for Conservation of Indonesia’s Marine Systems. PLOS ONE [Internet]. 2016 ;11(1):e0147142. Available from: http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0147142
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

This study empirically investigates the influence of bridging organizations on governance outcomes for marine conservation in Indonesia. Conservation challenges require ways of governing that are collaborative and adaptive across boundaries, and where conservation actions are better coordinated, information flows improved, and knowledge better integrated and mobilized. We combine quantitative social network analysis and qualitative data to analyze bridging organizations and their networks, and to understand their contributions and constraints in two case studies in Bali, Indonesia. The analysis shows 1) bridging organizations help to navigate the ‘messiness’ inherent in conservation settings by compensating for sparse linkages, 2) the particular structure and function of bridging organizations influence governing processes (i.e., collaboration, knowledge sharing) and subsequent conservation outcomes, 3) ‘bridging’ is accomplished using different strategies and platforms for collaboration and social learning, and 4) bridging organizations enhance flexibility to adjust to changing marine conservation contexts and needs. Understanding the organizations that occupy bridging positions, and how they utilize their positionality in a governance network is emerging as an important determinant of successful conservation outcomes. Our findings contribute to a relatively new body of literature on bridging organizations in marine conservation contexts, and add needed empirical investigation into their value to governance and conservation in Coral Triangle nations and beyond.

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