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1.
Fragmentation in high seas fisheries: Preliminary reflections on a global oceans governance approach
《Marine Policy》2017
Notwithstanding the wide range of actions taken to strengthen the legal regime of international fisheries, overexploitation and the risk of depletion of stocks have been strong concerns for decades. Indeed, the regime of international fisheries law is currently not rooted in sustainability, and it does not adequately take into consideration the impact of fishing activities on the wider marine environment. One of the main causes lies in fragmentation of international fisheries law: a lack of coordination between instruments and institutions, and gaps in effective coherent structures for fisheries management. Areas beyond national jurisdiction (ABNJ), including the high seas, are particularly prone to this lack of coordination and integration.One alternative to reach a durable management of high seas fisheries might be found in a ‘global oceans governance approach’. This paper explores how this approach could impact the fragmented regime of fisheries. It suggests that governance-based perspectives underline concepts rooted in adaptability and interactions, concepts that suggest to approach international fisheries law not as a static set of rules but as an evolutive process. Reflecting on an overarching goal of coordination and possible management challenges in ABNJ provides an interesting starting point to develop a comprehensive understanding of the impacts of oceans governance on the fragmented legal regime of high seas fisheries. We now need to see how to give effect to governance, a task that remains, at this point, a work in progress. 相似文献
2.
《Ocean & Coastal Management》2000,43(8-9):763-779
It is the thesis of this paper that (a) a very large part of the resources, goods and services in the next century will be ocean-dependent; and (b) that the particular nature of the ocean environment magnifies the issues challenging contemporary economic thinking in general. It is quite possible, therefore, that radical innovation in economic thinking will come from “ocean economics” rather than from land-oriented resource or environmental economics. This becomes quite plausible if one thinks that in other (though obviously related) sectors of new thinking, such as international law and governance, the marine sector has played a leading role, just because the ocean is a medium so different from land that it forces us to think differently. In the future the state of marine environment and health of the ocean will have large economical implications at the regional and global level, as it already has today in a number of places at the local and sub-regional level. Hence this overview within the context of this special issue. The paper will begin with a brief assessment of the oceans resource potential for the next century; it will then describe some of the issues humankind has to face in the use and management of these resources, and, in conclusion, the paper will attempt to distill some guidelines for “ocean economics” in the next century. 相似文献
3.
《Marine Policy》2014
Past decades have shown a constant increase in the number of international agreements regulating marine areas. Environmental changes as well as technological developments resulting in an increased use of oceans ensure the need for further governance in the future of high seas. At the same time, compliance by States with international obligations remains a considerable challenge in international law. In particular, regulations governing areas beyond national jurisdiction (ABNJ) are at risk of not being obeyed due to factual challenges posed to the control of high seas territories and the (legal) limits of the law of the sea. This article evaluates a stronger cooperation between States through the incorporation of compliance control systems in agreements regulating ABNJ in order to enhance compliance by States. For this purpose, provisions on compliance control measures which have already been established in two agreements regulating ABNJ, namely the International Convention for the Regulation of Whaling and the United Nations Fish Stocks Agreement, are analyzed. It is argued that the incorporation of compliance control elements into agreements regulating ABNJ is a promising avenue to secure improved compliance among States Parties and further implementation of this approach is recommended. 相似文献
4.
《Marine Policy》2016
This paper evaluates the international agreements in place for the protection of the environment and the regulation of human activities taking place in world's oceans and seas. 500 multilateral agreements were reviewed against a framework of reference, grounded on the theoretical approaches of Adaptive Management and Transition Management. According to this framework, oceans complex systems management should: (1) consider the global oceans as a Social-Ecological System (SES); (2) aim to achieve or maintain their ecological resilience; and (3) implement iterative, learning-based management strategies, supported by science-based advice to policy and management. The results show that the present international legal framework for the global oceans does not require countries to adopt an adaptive, complex systems approach for global oceans ecological resilience. Instead, this study supports the perspective of a double fragmentation among international agreements. First, global agreements focus on issue-based objectives for determined human activities, ecological components or anthropogenic pressures. Second, regional agreements have a wider scope, but also a varying level of inclusion of ecological resilience considerations. There is the need to foster the inclusion of such an approach into existing and future international agreements and their implementation, including through soft-law, project-based initiatives at global and regional scales. 相似文献
5.
《Marine Policy》2017
The 1982 United Nations Convention on the Law of the Sea (hereafter “UNCLOS”) is one of the most significant legal instruments of modern times, though the United States (US) has yet to join the 167 nations that have signed the document. Until the twentieth century, freedom of the seas led to inequity among nations, violence, and environmental disasters. UNCLOS provides a peaceful legal structure to resolve border disputes and enforce anti-pollution regulations while maintaining freedom of navigation, safety at sea, and marine scientific research efforts. However, the legitimacy of UNCLOS continues to deteriorate as China acts unilaterally while its global economic reach expands. Additionally, the US cannot participate in international agreements to access ocean resources in the deep seabed or claim portions of the Arctic due to non-accession to UNCLOS. Such accession would protect global security as the balance of power otherwise becomes increasingly unstable. The US must also accede to ensure economic development for itself as well as the preservation of coastal resources upon which many nations rely. In conclusion, US non-accession will risk global security, economic development, and the US position of strength. 相似文献
6.
Kerstin Güssow Alexander Proelss Andreas Oschlies Katrin Rehdanz Wilfried Rickels 《Marine Policy》2010
Despite large uncertainties in the fertilization efficiency, natural iron fertilization studies and some of the purposeful iron enrichment studies have demonstrated that Southern Ocean iron fertilization can lead to a significant export of carbon from the sea surface to the ocean interior. From an economic perspective the potential of ocean iron fertilization (OIF) is far from negligible in relation to other abatement options. Comparing the range of cost estimates to the range of estimates for forestation projects they are in the same order of magnitude, but OIF could provide more carbon credits even if high discount rates are used to account for potential leakage and non-permanence. However, the uncertainty about undesired adverse effects of purposeful iron fertilization on marine ecosystems and biogeochemistry has led to attempts to ban commercial and, to some extent, scientific experiments aimed at a better understanding of the processes involved, effectively precluding further consideration of this mitigation option. As regards the perspective of public international law, the pertinent agreements dealing with the protection of the marine environment indicate that OIF is to be considered as lawful if and to the extent to which it represents legitimate scientific research. In this respect, the precautionary principle can be used to balance the risks arising out of scientific OIF activities for the marine environment with the potential advantages relevant to the objectives of the climate change regime. As scientific OIF experiments involve only comparatively small negative impacts within a limited marine area, further scientific research must be permitted to explore the carbon sequestration potential of OIF in order to either reject this concept or integrate it into the flexible mechanisms contained in the Kyoto Protocol. 相似文献
7.
《Ocean & Coastal Management》2000,43(2-3):141-161
Various images help capture the status and trends of international law and policy efforts to protect the ocean environment. While “treading water” and “sinking” partly describe legal conditions at the millennium, this paper examines seven challenges in the international environmental law field which at the very least promise to make for a “hard swim” in coming decades. Those challenges include: coping with the proliferation of negotiated instruments; overcoming political opposition to environmental commitments; clarifying the jurisprudential underpinnings of international environmental law; sorting out the relation of environmental ethics, science and the rule of law; fleshing out the principles of sustainable development; addressing practical problems of implementing international responsibilities; and visioning future paths of ocean governance. 相似文献
8.
《Marine Policy》2015
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. 相似文献
9.
《Marine Policy》2017
The purpose of this article is to analyze the legal status of fisheries in the East China Sea (ECS) pursuant to these fisheries agreements, focusing on the legal issues of the Current Fishing Pattern Zone (CFPZ) which is provided for in the Fisheries Agreement between Korea and China. The CFPZ is a zone or area in which Korean and Chinese fishing patterns that existed before the agreement are respected. Although the legal status of fisheries in the CFPZ appears to be very simple, it is in fact very complex due to the overlapping jurisdictions of Korea, China and Japan. Therefore, the fisheries regime is rather vulnerable with the possibility of increasing legal conflicts. However, it is noteworthy that fisheries conflicts come up rarely in these relevant waters. This article explores the bilateral fisheries agreements and EEZ laws of the respective states, and thereafter deals with the legal issues that arise in the execution of these agreements regarding the area of overlapping waters. 相似文献
10.
《Marine Policy》2017
Globally, illegal, unregulated and unreported (IUU) fishing challenges economic development, as well as food and human security, and has done so for many years. Despite the implementation of legal responses to IUU fishing by the international community and many States, the problem continues. While political will, the vastness of oceans and limited human and financial resources hamper the effectiveness of these responses, fragmentation has also prevented effective control. IUU fishing is addressed by legal controls across fishing, shipping, labour and criminal law and existing research on IUU fishing has tended to focus on individual aspects of these, yet evidence indicates their interconnectedness. This research addresses a gap, critically analysing the range of international legal frameworks together. Within this context, this paper explores and analyses the how fragmentation of legal instruments, lack of interaction between actors and regimes, and piecemeal implementation of the law limits the control of IUU fishing drawing on the concept of regulatory pluralism to appropriately address the challenges. 相似文献
11.
Robert D. Hodgson 《Marine Geodesy》2013,36(2):155-163
The Third United Nations Conference on the Law of the Sea is attempting to codify international law for the use of ocean space. While the process of negotiations continues and many political‐legal problems remain to be solved, certain issues appear to be at, or near, a stage of general agreement. A major element of the emerging consensus involves the “baseline,” the line from which all claims to zones of sovereignty or jurisdiction are measured. In addition, the Conference has generally accepted a breadth of 12 nautical miles for the sovereign territorial sea and 200 nautical miles for a coastal state zone of economic competence. An acceptable definition, in a legal sense, of the continental shelf seems to be provided. A major problem in the division of ocean space among States involves the delimitation of boundaries between adjacent States—those sharing a common land boundary—and opposite States—those situated so as to face each other across bodies of water. The issue remains divisive. The final treaty or convention, if successfully negotiated, will not, however, address technical issues. These important problems will have to be resolved by scientists and technicians concerned with the earth measurements in the post‐treaty era. 相似文献
12.
Jack H. Archer 《Ocean & Coastal Management》1992,17(3-4)
Since the United States proclaimed its 200 nautical mile Exclusive Economic Zone in 1983, US agencies have given little attention to the need to develop effective management principles and strategies for the resources of this vast ocean area. Instead, they have relied upon existing programs and authorities to oversee the development of ocean energy and fisheries. This approach has been criticized by marine policy analysts because it perpetuates the existing, fragmented single-sector ocean regime characterized by inconsistent policies and endemic use conflicts.This paper proposes the adoption of certain principles deriving from the common law public trust doctrine in the management of EEZ resources and space. Historically, the public trust doctrine protected the public's rights and interests in nearshore resources and uses (commerce, navigation, and fishing). These traditional public rights were held by the crown or the government in trust for the people and could not be readily destroyed even though shorelands and coastal waters subject to the public trust might be conveyed into private ownership. In modern times the doctrine has been expanded in the United States to protect public rights in other uses and activities (e.g. conservation, scenic and ecological values, and preservation of open space and habitat) and extended geographically to apply to inland rivers, streams, and lakes.The public trust doctrine already applies in many states to the space, resources, and uses of the territorial sea. Because of the overlap of EEZ and territorial sea resources and uses, this paper considers the advantages of applying public trust principles and concepts to managing the EEZ. These principles include the need to preserve trust lands, waters, and resources for public use and benefit. The doctrine also provides a basis for distinguishing between, and ranking, public uses of trust resources, and imposes both substantive and procedural standards against which the conduct of the govermental trustees of trust, resources may be measured.The authors contrast the public trust doctrine with the ‘public trust’ deriving from the property clause of the US Constitution, and conclude that the broad discretion afforded federal officals under the latter is inconsistent with effective environmental management. Finally, the authors recommend a set of ‘presumptions’ derived from public trust principles that federal courts might follow to resolve serious EEZ space and resource-use conflicts. 相似文献
13.
14.
《Marine Policy》2014
This paper seeks to illustrate the role of principles in an emerging regime for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ). While certainly not a standalone solution for a complex issue, principles nonetheless serve an essential function in regime-building, bridging legal and governance processes to identify new ways forward. Given the fundamental questions of international law at hand – the restriction of the freedoms of the high seas, the nature of UNCLOS as a “living instrument” and the need to engage in innovative practice spanning law and governance – it comes as no surprise that discussions on the future of ABNJ have been highly polarized. Principles offer points of convergence to address both the “regulatory gaps” and “implementation gaps” identified and serve the structural needs of both law and governance to produce dynamic change in the protection of marine biodiversity in ABNJ. Through their function as precursors to rules, principles prepare a common space for the emergence of a regime and give it a set of mechanisms through which it can strengthen its connections to the diversity of instruments and institutions involved in addressing a multifaceted problem. A statement of principles to strengthen the conservation and sustainable use of marine biodiversity in ABNJ – many of which constitute customary international law – would therefore be a logical and constructive next step in this on-going process. 相似文献
15.
Marine renewable energy and public rights 总被引：1，自引：0，他引：1
Paul Todd 《Marine Policy》2012,36(3):667-672
Marine renewable energy is likely to be an important part of UK energy policy over the next decades. A start has already been made, but to generate power on a significant scale requires the use of vast areas of ocean, on which there are competing claims. Legislation, and in particular the Energy Act 2004, goes a long way towards giving developers the legal infrastructure they need, to invest with confidence. But it is far from perfect, in dealing with important competing rights. This article has a narrow (but important) focus. It assumes that there are no problems over jurisdiction or international law. It is concerned principally with the rights of UK citizens. The issue is about reconciling the generation of large-scale marine renewable energy with other legitimate uses of the sea, and in particular fishing and navigation rights. 相似文献
16.
全球气候变化及其引发的负面影响是当今人类面临的最大挑战之一,地球工程因被认为是减缓甚至扭转气候变化的切实可行的方案之一而备受关注。为推动地球工程技术的发展和相关国际法的完善,文章分析海洋施肥、人工上升流、人工海洋碱化、海洋云增白和海底造墙5种海洋地球工程的技术原理、研究进展及其在具体实施中对现行国际法的挑战。研究结果表明:无论是处于理论模拟阶段还是处于实验阶段,上述海洋地球工程技术都显示其减缓气候变化的潜力,同时也存在对海洋环境和人类生活的潜在风险;由于科学的不确定性和国际法的模糊性,各项技术在实际应用中都存在与国际法的冲突或适用问题,但目前从科研实践角度分析具体技术涉及的相关国际法问题的研究较少;虽然应在国际法框架下进行探索性研究,然而目前有关地球工程技术的国际法在理论研究和实践应用中仍存在很多争议。因此,必须加强对地球工程技术的研究,将技术风险降到最低,并在科学探索中做好环境基线研究,完善技术探索的环境影响评估方法;随着旨在减缓气候变化的小规模地球工程研究得到越来越多的支持,更应明确地球工程技术在国际法中的地位,建立合理的法律框架,推进国际法的改进。 相似文献
17.
《Marine Policy》2016
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. 相似文献
18.
The oceans are in trouble. Poorly understood and unprecedented environmental and economic changes are underway in our world's oceans that will significantly affect life in the sea as well as on land. Only in the last thirty years has the contribution of the ocean sector to the economy been measured. An examination of these studies has exposed definitional, conceptual and methodological differences in measuring marine-related economic activity in the economy, making comparisons difficult. Both the ocean and the coastal economies face a world of volatile changes. In the ocean economy marine transport faces unpredictable fuel costs. Coastal tourism also faces losses from climate change impacts and sea level rise. Finally, a warming ocean and increasing acidification of the oceans from greenhouse gases is already affecting coral reefs and a range of fish stocks. Economic measures are important to predict these impacts, as are economic measures of the resilience of different areas of the ocean and coastal economies. This article demonstrates how knowledge of both the ocean, coastal and national economies can help governments address the future impacts and demands posed by nature and human populations on our coasts and oceans. 相似文献
19.
Dale Andrew 《Marine Policy》1978,2(1):46-64
At first sight, the regime suggested for archipelagos at UNCLOS seems to recognize to a large extent the concept of the archipelago as a single unit of islands and water. The author examines closely whether in fact the archipelagic states' view of their maritime jurisdiction has been upheld, or whether the negotiations have led to a position based on traditional concepts of law of the sea. The archipelago doctrine and interests underlying it, opposition to it, and the considerations by the international legal community are discussed. Finally, developments on archipelagos in the Seabed Committee and UNCLOS III are traced in order to understand the language of the proposed archipelagic regime. 相似文献
20.
The international submarine cable industry is a major component of the global telecommunications system, providing important services and requiring increased levels of protection for the maintenance of global economic and maritime security, broadly defined. An overview is given of the submarine cable industry, including its technological developments, legal aspects, security considerations, and implications for integrated ocean planning and management. In the context of multiple ocean use, submarine cables can cause spatial conflicts with other ocean users, particularly the fishing industry. Issues to be examined include compensation for lost or damaged gear, legal liability for cable damage, and regulation and licensing of cables on the seabed of the continental shelf and the high seas. Recent industry-to-industry agreements and programs for compensation to fishers in the USA and Canada are significant advancements in the implementation of integrated approaches to ocean management and planning. The development of transparent and stable interdepartmental processes for the coordinated planning, management and regulation of submarine cables is required for national EEZs. The regulation of international cable industry practices must be harmonized with national management approaches. 相似文献