Governance and Legal Frameworks

Adapting to sea level rise: Emerging governance issues in the San Francisco Bay Region

Pinto PJ, G. Kondolf M, Wong PLok Raymon. Adapting to sea level rise: Emerging governance issues in the San Francisco Bay Region. Environmental Science & Policy [Internet]. 2018 ;90:28 - 37. Available from: https://www.sciencedirect.com/science/article/pii/S1462901118303915
Freely available?: 
Yes
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $39.95
Type: Journal Article

San Francisco Bay, the largest estuary on the Pacific Coast of North America, is heavily encroached by a metropolitan region with over 7 million inhabitants. Urban development and infrastructure, much of which built over landfill and at the cost of former baylands, were placed at very low elevations. Sea level rise (SLR) poses a formidable challenge to these highly exposed urban areas and already stressed natural systems.

“Green”, or ecosystem-based, adaptation is already on the way around the Bay. Large scale wetland restoration projects have already been concluded, and further action now often requires articulation with the reinforcement of flood defense structures, given the level of urban encroachment. While levee setback, or removal, would provide greater environmental benefit, the need to protect urban areas and infrastructure has led to the trial of ingenious solutions for promoting wetland resilience while upgrading the level of protection provided by levees.

We analyzed the region’s environmental governance and planning structure, through direct observation, interviews with stakeholders, and study of planning documents and projects. We present two examples where actual implementation of SLR adaptation has led, or may lead to, the need to revise standards and practices or require uneasy choices between conflicting public interests.

Among the region’s stakeholders, there is an increasing awareness of the risks related to SLR, but the institutional arrangements are complex, and communication between the different public agencies/departments is not always as streamlined as it could be. Some agencies and departments need to adapt their procedures in order to remove institutional barriers to adaptation, but path dependence is an obstacle. There is evidence that more frank and regular communication between public actors is needed. It also emphasizes the benefits of a coordination of efforts and strategies, something that was eroded in the transition from central-government-led policies to a new paradigm of local-based adaptive governance.

Maneuvering towards adaptive co-management in a coral reef fishery

Hunter CE, Lauer M, Levine A, Holbrook S, Rassweiler A. Maneuvering towards adaptive co-management in a coral reef fishery. Marine Policy [Internet]. 2018 ;98:77 - 84. Available from: https://www.sciencedirect.com/science/article/pii/S0308597X18304585
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $35.95
Type: Journal Article

Tropical coral reef ecosystems in the Pacific region are degrading rapidly as ocean temperatures rise and local anthropogenic stressors increase. In this context of rapid change, effective site-based management of coral reef fisheries necessitates flexible environmental governance that is closely attuned to the needs of multiple stakeholders who depend on the fishery for income, food, and cultural identity. As such, many practitioners and scholars call for adaptive co-management of coral reef fisheries where local resource users play a primary role in environmental governance with the support of flexible institutions that operate across organizational scales. This article describes the history and evaluates the current status of marine governance in Moorea, French Polynesia. Established in 2004, the management framework is under revision because it has failed to meet its ecological objectives and has generated discontent among many stakeholders. Drawing on household surveys, interviews, and archival information, the challenges to as well as the factors that may enable a more successful transition of the current governance arrangement towards co-management are detailed. It is argued that recent social mobilization, subsistence and cultural links to the fishery, the presence of geographically and socially relevant traditional governance boundaries, and the implementation of co-management in other parts of French Polynesia are positive factors. However, lack of trust between stakeholders, social heterogeneity, disruption of traditional cultural institutions and practices, minimal institutional support, and an uncertain legal framework suggest that there are significant headwinds for maneuvering towards successful co-management in Moorea.

The Contested Commons: The Failure of EU Fisheries Policy and Governance in the Mediterranean and the Crisis Enveloping the Small-Scale Fisheries of Malta

Said A, Tzanopoulos J, MacMillan D. The Contested Commons: The Failure of EU Fisheries Policy and Governance in the Mediterranean and the Crisis Enveloping the Small-Scale Fisheries of Malta. Frontiers in Marine Science [Internet]. 2018 ;5. Available from: https://www.frontiersin.org/articles/10.3389/fmars.2018.00300/full?utm_source=F-NTF&utm_medium=EMLX&utm_campaign=PRD_FEOPS_20170000_ARTICLE
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

This paper highlights how multi-scalar interstitial policy failings of the EU fisheries policy can directly trigger policy gaps in fisheries management at the expense of artisanal communities, leading to further expansion opportunities for industrial fishing and triggering instability and marginalization of traditional fishing communities. In order to contextualize and demonstrate this complexity, we explore a detailed scenario of the Maltese waters to show how the development of a national policy portfolio post-EU accession has destabilized long-existing functional fishing governance mechanisms and now pose a direct challenge to the sustainable management of the marine socio-ecological system. Using a mixed-method approach to investigate the partially obscured social, economic and political dynamics which drive marine policy, we demonstrate how the coastal fisheries have become subject to multiple-use competition arising primarily from a burgeoning recreational fishing sector tha t has benefited from “access-enabling policies,” and is, to a great extent uninhibited by fish conservation regulations. Our findings demonstrate how a deeper understanding of the socio-political ramifications of policy processes is necessary to improve the governance and management of contested and congested open-access fisheries.

A gender lens on women’s harvesting activities and interactions with local marine governance in a South Pacific fishing community

Rohe J, Schlüter A, Ferse SCA. A gender lens on women’s harvesting activities and interactions with local marine governance in a South Pacific fishing community. Maritime Studies [Internet]. 2018 . Available from: https://link.springer.com/article/10.1007/s40152-018-0106-8
Freely available?: 
No
Summary available?: 
No
Type: Journal Article

Women play an important role within small-scale fishing communities in the South Pacific, contributing to food security and income. Yet, decisions on the management of coastal fisheries are mostly taken by male community leaders. Given that women and men interact with marine spaces differently, there is a need to further analyze women’s and men’s differentiated roles and participation in marine resource use and governance. This study does so by drawing on qualitative data from a case study in Solomon Islands. In the fishing community studied here, women had crucial and differentiated effects on social, economic, and ecological sustainability. Our study reveals that women provided significant social and economic benefits to their families and the broader community. At the same time, we find that some women were inclined towards breaking local marine management rules (i.e., potentially lowering positive ecological effects of the conservation efforts) because (1) women had been little involved in the decision-making with regard to local marine management; (2) women had partly lost trust in the local male leadership due to a perceived misuse of money; and (3) women were more constrained in their fishing activities because a marine closure was located where mainly women used to fish. Our study highlights the importance of paying attention to women’s needs and actions in the governance of the fishery—including both the positive as well as potentially negative consequences thereof. Furthermore, our study shows that, besides gender, other socio-cultural variables (i.e., religious denomination and place of birth) shaped a person’s role and interactions in the fishery. It thus adds weight to intersectional approaches to gender.

Implementation challenges of area-based management tools (ABMTs) for biodiversity beyond national jurisdiction (BBNJ)

De Santo EM. Implementation challenges of area-based management tools (ABMTs) for biodiversity beyond national jurisdiction (BBNJ). Marine Policy [Internet]. 2018 ;97:34 - 43. Available from: https://www.sciencedirect.com/science/article/pii/S0308597X18303166
Freely available?: 
Yes
Summary available?: 
No
Type: Journal Article

Area-based management tools (ABMTs), including marine protected areas (MPAs) are widely recognized as a key mechanism for conserving and restoring biodiversity. The developing international legally-binding instrument (ILBI) on biodiversity beyond national jurisdiction (BBNJ) is considering a range of approaches to ABMTs. While the process is still in early stages, this paper looks ahead to anticipate implementation challenges for ABMTs, given previous experiences with regional fisheries management organizations (RFMOs) and high seas MPAs. Drawing on the implementation of MPAs under the OSPAR Convention and the Convention on the Conservation of Antarctic Living Marine Resources (CCAMLR), key suggestions revolve around: (1) improving the evidence basis for protecting BBNJ, (2) designing effective compliance and enforcement mechanisms, and (3) engaging adequately with relevant stakeholders. In addition to the case studies, which are primarily marine pollution and fishing-oriented, considerations related to mitigating the effects of deep sea mining and the harvesting of marine genetic resources are also touched upon.

Why the path to polycentricity matters: evidence from fisheries governance in Palau

Carlisle KM, Gruby RL. Why the path to polycentricity matters: evidence from fisheries governance in Palau Garrick D, Heikkila T, Villamayor-Tomas S. Environmental Policy and Governance [Internet]. 2018 ;28(4):223 - 235. Available from: https://onlinelibrary.wiley.com/doi/abs/10.1002/eet.1811
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $38.00
Type: Journal Article

Polycentricity, a complex form of governance characterized by multiple centers of semiautonomous decision‐making, has been embraced by commons scholars for the governance of complex natural resource systems. In this context, several benefits are commonly ascribed to polycentric governance systems, including enhanced adaptive capacity, mitigation of risk and provision of good institutional fit. We examine the functioning of a polycentric governance system through a qualitative case study of the governance of small‐scale fishing in the Northern Reef region of Palau where fishery resources have been declining in recent decades. By engaging a theoretical model of a functional polycentric governance system, we identify deficiencies in institutional features that partly explain why functionality is not fully achieved. Analysis of the historical transition of the governance system from community‐based to polycentric reveals that the path to polycentricity and contextual conditions constitute additional distal explanations of deficiencies in functionality. The findings suggest that transitioning from community‐based to polycentric governance risks producing conditions conducive to crowding‐out and erosion of rule compliance where the form of polycentricity assumed entails primarily higher‐level government decision‐makers with insufficient capacity for rule implementation. The case underlines the need for more refined theory concerning the emergence and functionality of different forms polycentric governance systems in various contexts.

Lyme Bay marine protected area: A governance analysis

Singer R, Jones P. Lyme Bay marine protected area: A governance analysis. Marine Policy [Internet]. In Press . Available from: https://www.sciencedirect.com/science/article/pii/S0308597X18304317
Freely available?: 
Yes
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $35.95
Type: Journal Article

The Marine Protected Area Governance (MPAG) framework can be used to analyse MPA governance by moving away from conceptual discussions to focus on particular governance approaches leading to effectiveness. The framework was applied to the Lyme Bay MPA, southwest England, the site of a controversial fisheries closure, which has subsequently been proposed as a Special Area of Conservation (SAC), as well the location for an NGO-led project focusing on stakeholder engagement. This paper examines a broad range of perspectives on the governance of this MPA, via semi-structured interviews with representatives of different interest groups and document analyses. The MPAG framework found a governance structure with a diversity of incentives, providing for bottom-up stakeholder engagement and awareness-raising coupled with strong top-down legislative structures. Although the fisheries closure and subsequent SAC restrictions have provided the main mechanisms for protecting biodiversity, an NGO-led project has provided a complement to the legislative framework and helped to facilitate a mechanism for adaptive co-management. However, the site is predicted to be subject to external pressures from changes in legislation, state resource restrictions and reduced NGO involvement, which will test the resilience of the structure and whether such a diversity of incentives provides sufficient resilience to maintain MPA effectiveness in the face of these pressures.

Governing marine ecosystem restoration: the role of discourses and uncertainties

Ounanian K, Carballo-Cárdenas E, van Tatenhove JPM, Delaney A, K. Papadopoulou N, Smith CJ. Governing marine ecosystem restoration: the role of discourses and uncertainties. Marine Policy [Internet]. 2018 ;96:136 - 144. Available from: https://www.sciencedirect.com/science/article/pii/S0308597X18302033
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $35.95
Type: Journal Article

Governing marine environments has evolved from dominant interests in exploitation, allocation, conservation, and protection to restoration. Compared to terrestrial and freshwater environments, restoration of and in marine ecosystems presents a new mode of intervention with both technical and governance challenges. This paper aims to enhance understanding of the important factors at play in governing marine ecosystem restoration. Discourses of marine ecosystem restoration are an important factor which shape how the restoration activity is governed, as discourses structure how actors and coalitions define problems and their approaches to solutions. The article produces a conceptual model of the discourses of marine ecosystem restoration, built on two dimensions: (1) the degree of human intervention and (2) motivations for restoration. Together, these dimensions create four broad restoration discourses: “Putting Nature First,” “Bringing Nature Back,” “Helping Nature support Humans,” and “Building with Nature.” Moreover, marine ecosystem restoration is confronted with different forms of uncertainty, such as incomplete knowledge, unpredictability, and ambiguity, which must be managed by actors participating in restoration initiatives. The article's overall contribution is the synthesis of these components, which illuminates the specific governance challenges under various circumstances.

WMU Studies in Maritime Affairs: Sustainable Shipping in a Changing Arctic

Thiele T. WMU Studies in Maritime Affairs: Sustainable Shipping in a Changing Arctic. In: Hildebrand LP, Brigham LW, Johansson TM Vol. 7. Cham: Springer International Publishing; 2018. pp. 227 - 239. Available from: https://link.springer.com/chapter/10.1007/978-3-319-78425-0_13
Freely available?: 
No
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $29.95
Type: Book Chapter

On June 19, 2015, following a long period of preparation, the UN General Assembly adopted Resolution A/69/L.65: 65 “Development of an international legally-binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction”. A preparatory committee will develop draft recommendations in 2016 and 2017. The proposed new instrument will have important implications for the areas beyond national jurisdiction, including the Central Arctic Ocean and therefore for the Arctic governance regime overall. Key components of the “package” of measures discussed during the sessions of the Working Group were area-based management tools, including MPAs; marine genetic resources, including questions related to the sharing of benefits; environmental impact assessments and capacity-building and technology transfer. The potential implication of such a new legal instrument on areas beyond national jurisdiction in the Arctic will be manifold. They will affect shipping and other marine operations. Arctic nations have expressed initial views on the proposed measures but it will in the end be a decision of the international community as a whole to decide on the details of the new Implementing Agreement which will then provide a binding regime for all High Seas areas, including the Central Arctic Ocean.

Resources outside of the state: Governing the ocean and beyond

Armstrong C. Resources outside of the state: Governing the ocean and beyond. Philosophy Compass [Internet]. 2018 :e12545. Available from: https://onlinelibrary.wiley.com/doi/abs/10.1111/phc3.12545
Freely available?: 
Yes
Summary available?: 
No
Approximate cost to purchase or rent this item from the publisher: 
US $38.00
Type: Journal Article

A number of hugely valuable natural resources fall outside of the borders of any nation state. We can legitimately expect political theory to make a contribution to thinking through questions about the future of these extraterritorial resources. However, the debate on the proper allocation of rights over these resources remains relatively embryonic. This paper will bring together what have often been rather scattered discussions of rights over extraterritorial resources. It will first sketch some early modern contributions to thinking through rights over the ocean. It then discusses the guidance available within more contemporary contributions to debates on resources beyond the state. Finally, it concludes by emphasising the key questions with which future work on this topic must engage.

Pages

Subscribe to RSS - Governance and Legal Frameworks