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1.
The adoption of UN Convention of the Law of the Sea in 1982 created optimism for indigenous peoples and marginalised coastal communities that they may (re)gain control of, or improve access to, marine resources. However concerns were also raised that opening the seas to industrial development might create threats for traditional users of the sea. Twenty-five years later the potential enclosure of large areas of coastal seas to marine renewable energy development is reigniting debates about marine governance, access and control over marine resources. Case studies in Scotland, Canada, New Zealand and Australia reveal a dynamic tension between: an economic development ‘blue growth’ agenda requiring the creation of private rights in the sea; and socio-political drivers which seek to address historic injustices and increase access to natural resources by indigenous and marginalised coastal communities. As yet there is little evidence of this tension being adequately addressed by emerging institutional frameworks for managing marine resources.  相似文献   

2.
New Zealand fisheries legislation provides commercial fishing rights to holders of individual transferable quota (ITQ). The settlement of fisheries claims against the Crown by Mäori, New Zealand's indigenous people, brought about the transfer of ITQ holdings to Mäori, and an obligation on the Crown to recognise and provide for indigenous (customary) fishing rights over fishing grounds and other areas that have been of special significance to Mäori. Some types of customary fishing areas exclude commercial fishing and could affect recreational fishing. Fisheries legislation requires that regulatory measures be put in place to avoid, remedy or mitigate the adverse effects of fishing. The Government also aims to protect marine biodiversity by having 10% of New Zealand waters in some form of protection by 2010. The legislative processes for protecting the marine environment and establishing customary fishing areas include assessment of effects on fishing rights. This paper explores the conflicts that arise from legislative obligations to uphold the rights of fishers, to sustain fishstocks and to protect the marine environment. The paper concludes that inconsistent legislative obligations and their disparate processes have led to spatial conflicts and a race for the allocation of space. Legislative obligations need to be integrated to maintain a balance between use of fisheries resources and protection of the marine environment.  相似文献   

3.
《Marine Policy》2001,25(1):23-32
New Zealand's fisheries are perhaps best known for the individual transferable quota (ITQ) system brought about by the Fisheries Amendment Act 1986. The 1986 Act allocated quota to fishing firms and individuals that met the allocation criteria. Part-time fishers, many of whom were Maori, New Zealand's indigenous people, were excluded from the initial allocation. The 1986 Act did not address claims by Maori of having indigenous rights guaranteed by the Treaty of Waitangi 1840. Since the Treaty, Maori have protested against government actions and legislation that have eroded their rights guaranteed by the Treaty. The implementation of the 1986 Act prompted further Treaty-based claims to large areas of fisheries, and the ITQ system was used to settle several claims. This paper explores Maori views on resource use and claims to fisheries resources, legislative changes enacted to settle Maori fisheries claims, and claims that remain outstanding. The insights of this paper have relevance to the broader discussion on the position of indigenous peoples throughout the world.  相似文献   

4.
This article examines current neoliberal forces in the Torres Strait tropical rock lobster (TRL) fishery and their likely impacts on the lives of indigenous Islanders. It describes how neoliberal principles of market governance, commodification of natural resources, profit maximization, individualization and property rights are at odds with Islander rights, values, sense of place, and institutions of knowledge, tenure and practice. It argues that proposed fisheries measures based on neoliberal imperatives could cause important conflicts and create high social, political, and economic costs. The TRL fishery is integral to Islanders’ aspiration of self-determination and economic autonomy. A more holistic vision inclusive of Islander perspectives is necessary if management of the TRL fishery is to be truly socially and culturally appropriate.  相似文献   

5.
《Marine Policy》2001,25(3):223-237
Access to and use of natural resources as a cornerstone in sustaining indigenous cultures has recently obtained considerable international attention. Access to marine resources has become a key issue for many aboriginal peoples struggling to move from dependency on the nation state to self-determining agency. This essay describes and compares recent developments respecting Eastern Canadian Mi’kmaq and North Norwegian Saami initiatives to achieve recognition and realization of their aboriginal entitlements. Core characteristics of the Canadian and Norwegian nation state responses to these initiatives are outlined and discussed, with an emphasis on the implications of aboriginal entitlements for the present ‘privilege allocation’ premise and paternalistic character of fisheries management systems. The essay concludes with a discussion of the potentials for an alliance between coastal zone non-indigenous peoples and indigenous peoples for the purpose of developing an alternative approach to fisheries management that will enhance local agency in and the ecological sustainability of fisheries livelihoods.  相似文献   

6.
The dramatic decline in yields from many of the world's fisheries has prompted an assessment of traditional regulatory approaches to management. Transferable harvesting rights provide an alternative institutional structure in fisheries management. This paper has two aims. First, it links outcomes in the fishery with institutional structure. Second, the paper identifies several important institutional variables if a transition is to be made to from command-and-control management to tradeable rights. In particular, the transition phase must deal with the expectations that attach to the status quo structure of rights in the fishery. The paper's empirical content is drawn from New Zealand's experience with the introduction of transferable harvesting rights.  相似文献   

7.
Since the advent of Western European exploration questions have been raised about the legality and morality of claims to new territories and the ensuing, often brutal colonisation patterns. The doctrine of discovery justified the acquisition of territories by conquest or other means. By the 19th century British common law included the doctrine of continuity, which recognised that the property rights of the indigenous people survived after the Crown acquired sovereignty over their territories. The Crown used a general treaty of cession and protection as the instrument for gaining sovereignty. In the context of Western European colonisation, this article discusses the statutory and judicial recognition of New Zealand’s Treaty of Waitangi 1840 and native title to land. The ensuing discussion highlights statute and judicial decisions that depart from the Treaty and are unique within the British colonies. This article also discusses the settlement of Treaty-based claims to land and fisheries and the current debate regarding ownership of the land along the seacoast and beneath the sea. The article contributes to the broader discussion on indigenous rights.  相似文献   

8.
Privatization is often viewed to provide positive stimulus for the economy that can lead to the betterment of society. But when the appropriate governance systems are not functionally in place, the unwanted effects of privatization can have deleterious consequences. This paper highlights the consequences of undesirable privatization and the emergent unwanted privatization tendencies of the coastal commons, particularly in the developing countries such as the Philippines. The lack of coherent policies, standards, and weak enforcement of policies in leasing the coastal commons (e.g. various unregulated aquaculture) in the Philippines in particular, have resulted to alarming displacement, deprivation and marginalization of fishing and farming communities and have degraded many coastal zone areas. In addition, poorly planned coastal tourism and housing development projects in the foreshore areas, inappropriate reclamation of coastal areas, illegal usurpation of indigenous people’s rights over ancestral domain areas, and conversion of fishing and fish farming zones into ecotourism zones further aggravated this scenario. Equitable access to resources is of paramount importance to afford concerned stakeholders greater participation in terms of developing greater capacity for coastal communities to engage and demand for improved coastal governance - an important facet of public administration often identified as one of the challenges in managing the commons. Co-management with an Ecosystem-Based Management approach as core operational mechanism provides opportunities to enhance policy formulation and implementation, secure community safety nets, and facilitate the creation of a level-playing environment that help to prevent the unwanted effects of privatization.  相似文献   

9.
This paper presents and evaluates two perspectives on changing climate–walrus–human relationships in the Beringian region, from the viewpoints of marine biology and ecology, and from that of indigenous hunters. Bridging these types of knowledge is vital in order to grasp the complexity of the processes involved and for advancing understanding of subarctic marine ecosystems that are currently experiencing rapid ecological and social change. We argue that despite substantial gaps and distinctions, information generated by scientists and indigenous hunters have many similarities. Differences in interpretation are primarily due to scaling and temporal rates of change of knowledge, which could be rectified through more active sharing of expertise and records, enhanced documentation of indigenous observations, more collaborative research, and increased insight from the social sciences.  相似文献   

10.
This article analyzes how the intensification of neoliberal policies and the use of privatization to govern access to the ocean and its resources are producing the conditions for the dispossession of Indigenous fishing customary rights as well as resistance practices that interrupt neoliberal policies. This article highlights the role of actors beyond the state in producing the specific junctures at which the vocation of the Indigenous peoples in the Tehuantepec Isthmus in the state of Oaxaca, Mexico, is changed to become a “center of sustainable development.”  相似文献   

11.
Although overexploitation of commercial fish stocks in European waters has been in the public debate now for more than 20 years, the European Union has so far failed to implement sustainable fisheries management. Millions in subsidies paid to the fishing industry have led to significant excess capacity in the fishing fleet. Various feeble attempts to stop overexploitation of marine resources have failed. The cause is that fishing policy is highly dominated by short-term socioeconomic interests. There is an urgent need for a new fisheries management system in Europe that supports reductions in the fishing fleet, increases responsibility among fishers and guarantees long-term conservation of natural marine resources.Transferable rights to fish have proved a reliable and effective means of creating incentives to conserve marine resources. By strengthening individual fishing rights under flexible quota management systems, the EU Member States could, within the Common Fisheries Policy, make a significant contribution to conserving fish stocks, to reducing excess capacity and to raising the profitability of the fisheries industry. A closer look at existing reservations against a flexible management system shows most of the objections to be overstated or capable of resolution.  相似文献   

12.
The tropical rocklobster fishery in the Torres Strait, based on the species Panulirus ornatus, is currently managed by input controls. The Australian Commonwealth government’s aim is to transition to a quota management system (QMS) for this fishery. The fishery is complex in terms of international boundaries, multiple jurisdictions and management objectives regulating a mix of commercial and traditional indigenous fishers and a commercial non-indigenous sector. One key objective is to promote indigenous fisher participation to meet their aspirations of achieving a greater control of the region’s fisheries resources. A Bayesian Network analysis has been applied that considers the variability in participation of indigenous fishers under key economic and socio-cultural drivers, such as the availability of a government employment program, lobster prices, social capital and capacity, and infrastructure availability. The model identifies three distinct indigenous fisher groups: full-time, active part-time, and casual lobster fishers. Scenario analyses suggest that changes in the government employment program will have a substantial impact on the relative proportion of fishers in these groups. Similarly, changes in the provision of logistics, infrastructure, and building social capital and capacity are expected to have a significant impact on the occurrence of full-time fishing. As the Commonwealth has an obligation under the Torres Strait Treaty to protect the traditional way of life and livelihood of Islanders as well as promoting employment opportunities for Traditional Inhabitants, it is important that management authorities consider both the effect of management changes for the fishery as a whole and for each indigenous fisher group separately.  相似文献   

13.
The quality of the aquaculturists’ rights over their farms plays a vital role in achieving sustainable aquaculture industry. In effect, ownership over natural resources in the light of private law is not established because it is not tradable in China. But the users’ rights over the natural resources have already been recognized under the current Chinese laws. This paper introduces concept of property rights, describes and analyzes the aquaculturists’ rights over the farms under the current Chinese laws. Because of flow of water, agricultural nature, and so-called State ownership over the natural resources, fish farms present a complicated property rights problem in China. Some flaws in the aquaculturists’ rights are identified under the existing laws. To protect the interests of farmers and to pursue sustainable aquaculture, quasi-property rights should be granted to fish farmers.  相似文献   

14.
The “Spanish 300 Fleet” on the Grand Sole fishing grounds has been one of the most important fleets in Europe for decades. This paper analyses the process of institutional change that has determined the governance mechanisms and the property-rights system in the case of the Spanish 300 fleet. It studies the centralized top-to-bottom process of institutional change that has included some relevant legal norms such as the approval of the compatibility of the vessel scrapping grants while retaining ownership of the fishing rights, the transferability of rights and lastly the implementation of ITQs in 2007, among other changes. This evolution of the governance mechanisms has facilitated the modernization and size adjustment of this fleet, which has been oversized for the fishing opportunities provided by the TACs. The paper explains how this process of institutional change has implied a reduction of the “300 fleet” to a 100 fleet while shedding light on the relationships between institutional change, governance mechanisms and the property-rights system in this case of fisheries management.  相似文献   

15.
One of the major dilemmas of using rural commons for industrial uses in developing countries relates to the failure of the state to evolve consensus on allocating property rights to local communities and modern enterprises in a manner that sustains livelihoods and ecosystems. While traditional coastal communities enforce customary rights for fishing and mineral mining, the state sometimes reallocates traditional fishing territories to commercial mining to facilitate rapid industrialization. Communities oppose such transfers because of the negative impacts of commercial dredging on traditional fishing and ecosystems. Based on detailed field level surveys conducted in 2004, this paper describes how rural island communities along Cochin estuary expressed their opposition to the transfer of clam-mining rights to industries by democratic social mobilization. Counter moves were collectively organized by modern enterprises and trade unions which had the support of the state. However, major political parties retreated from conflict management, leaving the matter in a state of flux. This paper suggests that the state must recognize traditional livelihood rights of communities if it is to resolve conflicts and ensure the sustainable and equitable use of natural resources.  相似文献   

16.
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   

17.
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   

18.
This paper identifies three management initiatives in New Zealand's Individual Transferable Quota system that facilitated consolidation of the processing sector and limited market access for fishers, even those with quota rights. They are: (1) the placement of responsibility onto a Māori trust in 1992 and tribes (iwi) in 2004 to manage a limited amount of quota to benefit all Māori, fishers and non-fishers, which increased the use of quota as an investment asset; (2) the creation of Annual Catch Entitlement (ACE) as a fish access right separate from the quota ownership right, which made it possible to overcome consolidation limits by leasing ACE; (3) the 1997 Licensed Fish Receiver Act that made it illegal for fishers to sell fish off the boat without food safety certification. This account of the fishery policy environment in New Zealand explains why, despite owning significant portions of New Zealand's fishing quota, few Māori are fishing, processing, or selling fish caught by Māori quota.  相似文献   

19.
The Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries in the Context of Food Security and Poverty Eradication (SSF-Guidelines) were agreed with extensive input from small-scale fishers themselves, and hold great promise for enhancing both small-scale fishers’ human rights and fisheries sustainability in a meaningful and context relevant manner. However, this promise will not be fulfilled without continued input from fishing communities as the SSF-Guidelines are implemented. This paper proposes that international conservation NGOs, with their extensive geographical and political networks, can act as a conduit for communication between small-scale fishing communities and other parties and thus catalyse implementation of the Guidelines. In order to do so, they will first need to demonstrate a genuine commitment to people-as-well-as-parks and the human rights based approach espoused in the SSF-Guidelines. This paper reviews current engagement of international conservation NGOs with human rights in fisheries; looks at their potential motivations for doing more; and identifies challenges in the way. It concludes with a proposal for how international conservation NGOs could play a critical part in catalysing the implementation of the SSF-Guidelines.  相似文献   

20.
This paper summarizes a field study on the linkages between AIDS and coastal biodiversity in eight coastal villages in the Bagamoyo and Pangani Districts in Tanzania. Summarizing the current literature, we suggest that there are three categories of direct impacts of AIDS on natural resources—accelerated rate of resources extraction, decreased availability of labor and management capacity, and loss of indigenous knowledge on coastal resource management and biodiversity conservation. Evidence of these types of detrimental impacts of AIDS on the natural environment is found in the coastal villages of Tanzania, but overall it is difficult to disentangle the impacts of AIDS on local resource use and biodiversity conservation from other factors driving change. However, this paper contributes to an understanding of the key factors critical in shaping the impact of AIDS on the natural environment in coastal areas—especially gender inequity and migration. Our conclusion is that reducing gender inequality and poverty, and improving livelihood opportunities are integral to mitigating the negative impacts of AIDS on natural resources.  相似文献   

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