Governance and Legal Frameworks

Marine governance in the English Channel (La Manche): Linking science and management

Glegg G, Jefferson R, Fletcher S. Marine governance in the English Channel (La Manche): Linking science and management. Marine Pollution Bulletin [Internet]. 2015 ;95(2):707 - 718. Available from: http://www.sciencedirect.com/science/article/pii/S0025326X15001101
Freely available?: 
Yes
Summary available?: 
Yes
Type: Journal Article

The English Channel is one of the world’s busiest sea areas with intense shipping and port activity juxtaposed with recreation, communications and important conservation areas. Opportunities for marine renewable energy vie with existing activities for space. The current governance of the English Channel is reviewed and found to lack integration between countries, sectors, legislation and scientific research. Recent developments within the EU’s marine management frameworks are significantly altering our approach to marine governance and this paper explores the implications of these new approaches to management of the English Channel. Existing mechanisms for cross-Channel science and potential benefits of an English Channel scale perspective are considered. In conclusion, current management practices are considered against the 12 Malawi Principles of the ecosystem approach resulting in proposals for enhancing governance of the region through science at the scale of the English Channel.

Transboundary Marine Spatial Planning and International Law

Hassan D, Kuokkanen T, Soininen N eds. Transboundary Marine Spatial Planning and International Law. Routledge; 2015. Available from: https://books.google.com/books?id=qg8tCgAAQBAJ&source=gbs_navlinks_s
Freely available?: 
No
Summary available?: 
No
Type: Book

Marine Spatial Planning (MSP) is an integrated and comprehensive approach to ocean governance and is used to establish a rational use of marine space and reconcile conflicting interests of its users. MSP allows both a high level of environmental protection and a wide range of human activities and emphasizes coordinated networks of national, regional and global institutions.

This book focuses on the framework of international law behind MSP and especially on the transboundary aspects of MSP. It first sets out a general framework for transboundary MSP and then moves on to compare and assess differences and similarities between different regions. Specific detailed case studies include the EU with the focus on the Baltic Sea and North Sea, the Bay of Bengal and Great Barrier Reef in Australia. The authors examine the national and regional significance of MSP from an integrated and sustainable ocean governance point of view. They also show how transboundary MSP can create opportunities and positive initiatives for cross-border cooperation and contribute to the effective protection of the regional marine environment.

Portugal's legal regime on marine spatial planning and management of the national maritime space

Becker-Weinberg V. Portugal's legal regime on marine spatial planning and management of the national maritime space. Marine Policy [Internet]. 2015 ;61:46 - 53. Available from: http://www.sciencedirect.com/science/article/pii/S0308597X15001736
Freely available?: 
No
Summary available?: 
No
Type: Journal Article

This article examines the legal regime and overall implications of Portugal's Law n. 17/2014, 10 April, which established the legal basis for Portugal's policy on marine spatial planning and management of the national maritime space. To allow a comprehensive analysis, this article includes an unofficial translation of the law.

Turtles Without Borders: The International and Domestic Law Basis for the Shared Conservation, Management, and Use of Sea Turtles in Nicaragua, Costa Rica, and Panama

Ankersen TT, Stocks G, Paniagua F, Grant S. Turtles Without Borders: The International and Domestic Law Basis for the Shared Conservation, Management, and Use of Sea Turtles in Nicaragua, Costa Rica, and Panama. Journal of International Wildlife Law & Policy [Internet]. 2015 ;18(1):1 - 62. Available from: http://www.tandfonline.com/doi/abs/10.1080/13880292.2014.957027
Freely available?: 
No
Summary available?: 
No
Type: Journal Article

Pawns, pirates or peacemakers: Fishing boats in the inter-Korean maritime boundary dispute and ambivalent governmentality

Song AM. Pawns, pirates or peacemakers: Fishing boats in the inter-Korean maritime boundary dispute and ambivalent governmentality. Political Geography [Internet]. 2015 ;48:60 - 71. Available from: http://www.sciencedirect.com/science/article/pii/S096262981500044X
Freely available?: 
No
Summary available?: 
No
Type: Journal Article

Extractive activities such as oil drilling, mining and fishing often appear implicated in international maritime boundary disputes. While natural resources' crucial role as a catalyst for conflict has been well-noted in the literature, such an approach has typically assumed a contextual and passive position of natural resources with little political agency for altering the dynamics of a confrontation. This paper provides an alternative perspective in which resource activities constitute a willful agent that works in part to govern the course of the boundary dispute. Drawing on Foucault's notion of governmentality, I look at how South Korean fishing activities near a disputed maritime border between the two Koreas, called the Northern Limit Line, may be imbued with intentionality representing an indirect arm of the state's geopolitical agenda. Mobilizing the realist narrative of an immovable border and the mundane tactics of education sessions and at-sea radio communication, I suggest that the South Korean government is seeking to create subjects in fishers to reinforce the state objectives of boundary legitimization and defense of claimed waters. The analysis, however, also demonstrates an ambivalent nature of governmentality, with fishers muddling the state interventions through their own conduct and rationale. The South Korean government thus faces a delicate task of managing the fishing operation vis-à-vis the boundary dispute. Taking the seemingly innocuous resource activity such as fishing to the center stage of power relations, this paper also tables one way of engaging with maritime boundaries, one of the understudied domains in political geography.

Governability assessment of the Galapagos Marine Reserve

Paladines MJosé Barr, Chuenpagdee R. Governability assessment of the Galapagos Marine Reserve. Maritime Studies [Internet]. 2015 ;14(1). Available from: http://www.maritimestudiesjournal.com/content/14/1/13
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

he Galapagos Marine Reserve is one of the most recognized marine protected areas in the world, due mainly to its unique natural features. Little is known, however, about its social counterpart. This research aims to explore the Galapagos Marine Reserve governance by following the governability assessment framework, which is based on the interactive governance perspective. We claim that improved governance and incresed governability of this marine protected area, ruled under a co-management mode of governance, cannot be achieved without comprehensive understanding about the Galapagos Marine Reserve’s governing system, the systems that are being governed, and their interactions. Semi-structured interviews with a range of stakeholders were conducted as part of the study to illuminate the characteristics of the systems and how they interact. The analysis reveals a high degree of variation between the formal and operative structures of the systems, due largely to the complexity, dynamics, and diversity of the systems, and the multiple scales at which they operate. Further, our findings highlight that governing decisions, and thus the overall governance performance, are influenced by certain quality of the systems (e.g., inefficiency, vulnerability, misrepresentation). Along with the understanding of potential complementarity with other governance modes (e.g., hierarchical), the research identifies that the governability of the Galapagos Marine Reserve can be improved by making governance processes more transparent and by better consideration of the social component in the governing system. In that way, the marine reserve sustainability would also be enhanced.

Adaptive governance, ecosystem management, and natural capital

Schultz L, Folke C, Österblom H, Olsson P. Adaptive governance, ecosystem management, and natural capital. Proceedings of the National Academy of Sciences [Internet]. 2015 ;112(24):7369 - 7374. Available from: http://www.pnas.org/lookup/doi/10.1073/pnas.1406493112
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

To gain insights into the effects of adaptive governance on natural capital, we compare three well-studied initiatives; a landscape in Southern Sweden, the Great Barrier Reef in Australia, and fisheries in the Southern Ocean. We assess changes in natural capital and ecosystem services related to these social–ecological governance approaches to ecosystem management and investigate their capacity to respond to change and new challenges. The adaptive governance initiatives are compared with other efforts aimed at conservation and sustainable use of natural capital: Natura 2000 in Europe, lobster fisheries in the Gulf of Maine, North America, and fisheries in Europe. In contrast to these efforts, we found that the adaptive governance cases developed capacity to perform ecosystem management, manage multiple ecosystem services, and monitor, communicate, and respond to ecosystem-wide changes at landscape and seascape levels with visible effects on natural capital. They enabled actors to collaborate across diverse interests, sectors, and institutional arrangements and detect opportunities and problems as they developed while nurturing adaptive capacity to deal with them. They all spanned local to international levels of decision making, thus representing multilevel governance systems for managing natural capital. As with any governance system, internal changes and external drivers of global impacts and demands will continue to challenge the long-term success of such initiatives.

The difficult road to Integrated Coastal Zone Management implementation in Italy: Evidences from the Italian North Adriatic Regions

Buono F, Soriani S, Camuffo M, Tonino M, Bordin A. The difficult road to Integrated Coastal Zone Management implementation in Italy: Evidences from the Italian North Adriatic Regions. Ocean & Coastal Management [Internet]. 2015 ;114:21 - 31. Available from: http://www.sciencedirect.com/science/article/pii/S0964569115001519
Freely available?: 
No
Summary available?: 
No
Type: Journal Article

This work examines the evolution of Integrated Coastal Zone Management (ICZM) concepts implementation in the Italian North Adriatic Regions: Marche, Emilia Romagna, Veneto and Friuli Venezia Giulia between 2006 and 2011. In order to achieve such an objective a web-based survey has been realized and addressed to the different local and regional authorities that are competent, with different status and legal powers over coastal management. The study shows that in the considered area, although some improvements have been recorded, thanks to the transposition into the Italian legislative framework of EU provisions and above all, to local and regional efforts and initiatives, ICZM concepts are still far from being widely adopted. The weakest points reported are the fragmentation and poor coordination of the coastal management framework; the low attention given to economic data monitoring and stakeholders involvement. Furthermore, the lack of political support in the medium-long term and the availability of funds as well as the absence of monitoring and assessment strategies hinder the establishment of sustainable ICZM practices in the area. The findings of the study are then compared with other Countries, in order to draw conclusions on the barriers to ICZM implementation.

A proactive approach for maritime safety policy making for the Gulf of Finland: Seeking best practices

Haapasaari P, Helle I, Lehikoinen A, Lappalainen J, Kuikka S. A proactive approach for maritime safety policy making for the Gulf of Finland: Seeking best practices. Marine Policy [Internet]. 2015 ;60:107 - 118. Available from: http://www.sciencedirect.com/science/article/pii/S0308597X15001621
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

A rapid increase in maritime traffic together with challenging navigation conditions and a vulnerable ecosystem has evoked calls for improving maritime safety in the Gulf of Finland, the Baltic Sea. It is suggested that these improvements will be the result of adopting a regionally effective proactive approach to safety policy formulation and management. A proactive approach is grounded on a formal process of identifying, assessing and evaluating accident risks, and adjusting policies or management practices before accidents happen. Currently, maritime safety is globally regulated by internationally agreed prescriptive rules, which are usually revised in reaction to accidents. The proactive Formal Safety Assessment (FSA) is applied to risks common to a ship type or to a particular hazard, when deemed necessary, whereas regional FSA applications are rare. An extensive literature review was conducted in order to examine the opportunities for developing a framework for the GoF for handling regional risks at regional level. Best practices were sought from nuclear safety management and fisheries management, and from a particular case related to maritime risk management. A regional approach that sees maritime safety as a holistic system, and manages it by combining a scientific risk assessment with stakeholder input to identify risks and risk control options, and to evaluate risks is proposed. A regional risk governance framework can improve safety by focusing on actual regional risks, designing tailor-made safety measures to control them, enhancing a positive safety culture in the shipping industry, and by increasing trust among all involved.

Routledge Handbook of National and Regional Ocean Policies

Cicin-Sain B, VanderZwaag DL, Balgos MC eds. Routledge Handbook of National and Regional Ocean Policies. Routledge; 2015 p. 640. Available from: http://www.routledge.com/books/details/9781138788299/
Freely available?: 
No
Summary available?: 
No
Type: Book

This comprehensive handbook, prepared by leading ocean policy academics and practitioners from around the world, presents in-depth analyses of the experiences of fifteen developed and developing nations and four key regions of the world that have taken concrete steps toward cross-cutting and integrated national and regional ocean policy.

All chapters follow a common framework for policy analysis. While most coastal nations of the world already have a variety of sectoral policies in place to manage different uses of the ocean (such as shipping, fishing, oil and gas development), in the last two decades, the coastal nations covered in the book have undertaken concerted efforts to articulate and implement an integrated, ecosystem-based vision for the governance of ocean areas under their jurisdiction. This includes goals and procedures to harmonize existing uses and laws, to foster sustainable development of ocean areas, to protect biodiversity and vulnerable resources and ecosystems, and to coordinate the actions of the many government agencies that are typically involved in oceans affairs.

The book highlights the serious conflicts of use in most national ocean zones and the varying attempts by nations to follow the prescriptions emanating from the 1982 UN Law of the Sea Convention and the outcomes of the 1992, 2002, and 2012 sustainable development summits. The interrelationship among uses and processes in the coast and ocean requires that ocean governance be integrated, precautionary, and anticipatory. Overall, the book provides a definitive state-of-the-art review and analysis of national and regional ocean policies around the world.

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