Governance and Legal Frameworks

Duty of stewardship and fisheries governance: a proposed framework

Soliman A. Duty of stewardship and fisheries governance: a proposed framework. Maritime Studies [Internet]. 2014 ;13(11). Available from: http://www.maritimestudiesjournal.com/content/13/1/11
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

Fisheries often fall prey to overfishing and the exhaustion of stock. Fishing governance is an ongoing attempt to prevent such an outcome. Over time, fisheries regulation has generally moved from controls on inputs to controls on output, such as catch limits and Individual Transferable Quotas. Individual Transferable Quotas have reduced overcapitalization, and have in some cases allowed stocks to rebuild. However, because they enable market trading of catch shares which tends to concentrate fisheries in fewer hands.

This paper proposes applying a duty of stewardship to the existing fisheries governance structure. “Stewardship” is an obligation to be responsible for taking care of another person’s property. The concept of stewardship easily applies to fisheries, because fisheries are natural resources which belong to the public. Current regimes, such as Individual Transferable Quotas (“ITQs”) do not do enough to prevent the employment of destructive fishing practices and place the burden of natural resource management on the government. Assigning a duty of stewardship upon fishers, whether they own or lease an ITQ, would require fishers to be stewards of common resources and use responsible fishing practices.

Marine governance in an industrialised ocean: A case study of the emerging marine renewable energy industry

Wright G. Marine governance in an industrialised ocean: A case study of the emerging marine renewable energy industry. Marine Policy [Internet]. 2015 ;52:77 - 84. Available from: http://www.sciencedirect.com/science/article/pii/S0308597X14002838
Freely available?: 
No
Summary available?: 
No
Type: Journal Article

The world׳s oceans are currently undergoing an unprecedented period of industrialisation, made possible by advances in technology and driven by our growing need for food, energy and resources. This is placing the oceans are under intense pressure, and the ability of existing marine governance frameworks to sustainably manage the marine environment is increasingly being called into question. Emerging industries are challenging all aspects of these frameworks, raising questions regarding ownership and rights of the sea and its resources, management of environmental impacts, and management of ocean space. This paper uses the emerging marine renewable energy (MRE) industry, particularly in the United Kingdom (UK), as a case study to introduce and explore some of the key challenges. The paper concludes that the challenges are likely to be extensive and argues for development of a comprehensive legal research agenda to advance both MRE technologies and marine governance frameworks.

Governance challenges in scaling up from individual MPAs to MPA networks

Solandt J-L, Jones P, Duval-Diop D, Kleiven ARing, Frangoudes K. Governance challenges in scaling up from individual MPAs to MPA networks. Aquatic Conservation: Marine and Freshwater Ecosystems [Internet]. 2014 ;24(S2):145 - 152. Available from: http://onlinelibrary.wiley.com/doi/10.1002/aqc.2504/abstract
Freely available?: 
No
Summary available?: 
No
Type: Journal Article
  1. With the drive for greater numbers and areas of MPAs to be put in place to meet national and international targets, challenges have emerged in both the establishment and development of sustainable governance of the networks of sites that are emerging.
  2. Using 12 presentations given in a workshop on ‘Improving participation for better governance of MPAs’ at the 3rd International Marine Protected Areas Congress in October 2013, this paper reviews a range of top-down, bottom-up and collaborative approaches to governance, looking at all phases in the process from design of an MPA network to its implementation, as well as considering individual MPAs.
  3. Designation of MPA networks requires significant investment of resources to engage local stakeholders in discussions over potential site location and management measures.
  4. Scaling-up from individual MPAs to networks of MPAs will often also require a scaling-up of governance approaches, including top-down approaches.
  5. Balancing the need to provide for the participation of local users in each constituent MPA with the need to address a variety of challenges, whilst achieving wider-scale objectives through the inclusion of top-down governance approaches is an important but neglected challenge in discussions concerning MPA networks.
  6. These case studies indicate that there are various ways in which this challenge can be addressed in different contexts and point to potential ‘good practice’ for other MPAs in similar scenarios.

Governance fit for climate change in a Caribbean coastal-marine context

Pittman J, Armitage D, Alexander S, Campbell D, Alleyne M. Governance fit for climate change in a Caribbean coastal-marine context. Marine Policy [Internet]. 2015 ;51:486 - 498. Available from: http://www.sciencedirect.com/science/article/pii/S0308597X14002255
Freely available?: 
No
Summary available?: 
No
Type: Journal Article

Coastal-marine systems in small island developing states of the Caribbean are highly vulnerable to both current and future climate change. Societies navigate these changes in part through processes of governance and the institutions through which governance takes place. The concept of institutional adaptive capacity is used to explore how governance processes and institutional arrangements can be adapted to match the scale and extent of climate change in a case study of the Soufriere Marine Management Area, St. Lucia. Institutional adaptive capacity is analyzed based on the following factors: institutional variety, analytical deliberation and nesting and networks. The analysis is based on 36 semi-structured interviews conducted with key informants from NGOs, cooperatives, management authorities and government agencies. The findings suggest that governance to address climate change in the case study is contingent upon developing holistic, integrated management systems, improving flexibility in existing collaborative decision making processes, augmenting the capacity of local management authorities with support from higher-level government, exploring opportunities for private–social partnerships, and developing adequate social–environmental monitoring programs. These findings have potential implications and lessons for similar settings throughout the Caribbean.

Measuring good governance for complex ecosystems: Perceptions of coral reef-dependent communities in the Caribbean

Turner RA, Fitzsimmons C, Forster J, Mahon R, Peterson A, Stead SM. Measuring good governance for complex ecosystems: Perceptions of coral reef-dependent communities in the Caribbean. Global Environmental Change [Internet]. 2014 ;29:105 - 117. Available from: http://www.sciencedirect.com/science/article/pii/S0959378014001447
Freely available?: 
No
Summary available?: 
No
Type: Journal Article

Good governance is widely seen as a prerequisite for effective natural resources management in the context of environmental decline and increasing anthropogenic pressures. Few studies quantitatively examine governance principles, or explore links between perceptions of community members and the governance that shapes their behaviour. Comparative work, spanning multiple sites and contexts, is rare. This paper measures community members’ perceptions of governance in twelve coral reef-dependent communities across four countries in the Wider Caribbean Region. In relation to established principles of ‘good governance’, multiple correspondence analysis indicates that perceptions can be reliably described using two themes, institutional acceptance and engagement. These explain over 50% of variation in individual perceptions. These measurable themes provide an indication of the social fit of governance arrangements, and have implications for expected outcomes, including support for management and compliance with regulations. Cluster analysis provides unique empirical evidence linking structural characteristics of governance to community perceptions; four of five good governance indicators were present in communities with positive perceptions. Results suggest a combination of supportive structures and processes are necessary to achieve governance systems positively perceived by community members. Findings are relevant to those seeking to design management systems and governance structures that are appropriate to local circumstances and will engender stakeholder support.

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