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1.
《Ocean & Coastal Management》2000,43(2-3):163-203
This study surveys the international regime governing the use of ocean space by examining various agreements that have come to comprise it. While the regime for the oceans is commonly viewed within the context of a general, universal convention for the law of the sea, the contemporary scope of global oceans law extends far beyond that single instrument. Indeed, the law of the sea is broad, far-reaching and reflective of the increasingly complex, interdependent nature of contemporary international relations. In this regard, by end of the 20th century there has emerged a pronounced trend toward worldwide participation in and adherence to the multifaceted legal regime established to manage the oceans. This panorama of legal instruments focuses both on international instruments and regional accords. The study's premise is this: Since 1958 several multilateral agreements have been negotiated and implemented specifically to regulate various uses of ocean space. Viewed as an integrated whole, these agreements comprise at the beginning of the 21st century an intertwined, sophisticated international legal regime for managing ocean activities. The range of agreements discussed here, however, is neither exhaustive nor meant to suggest that sufficient law is available for regulating all activities affecting the oceans now or in the future. Rather, the survey furnishes a starting point for appreciating just how far the international community has come in establishing a legal regime for managing people and their technological activities that impact on ocean space. 相似文献
2.
《Marine Policy》2014
Mitigating the environmental impact of commercial fishing, by avoiding, minimizing and compensating for adverse effects, is core business for fisheries management authorities globally. The complex interplay of ecological, economic, and social considerations has often resulted in bycatch management being reactive, confrontational and costly. In many cases it has been difficult to demonstrate success and to establish whether bycatch management has been efficient or effective. This article proposes standards for bycatch management following reviews of literature, international agreements and Australian domestic fishery management policies, and consideration by many technical experts and several stakeholder representatives. The standards have been developed using Australian Commonwealth fisheries – and the international fisheries agreements to which Australia is party – as a baseline, but should be applicable to both domestic and regional/international governance systems. The proposed standards involve quantifying fisheries bycatch, agreeing on operational objectives, assessing the effects of fishing on bycatch populations, establishing the cost-effectiveness of mitigation measures, and evaluating performance. The standards encourage domestic management measures that are consistent with the guidance and requirements of international agreements and regional fisheries management organisations. The importance of engaging stakeholders throughout the process is recognised. The standards provide a framework for measuring performance and a checklist of actions for managing bycatch at a fishery level. They have the potential to facilitate the development of more strategic and effective approaches to bycatch management, with defined goals, monitoring systems, and adaptive decision-making. This review of past bycatch management, including the application of the proposed standards to the mitigation of shark bycatch in an Australian longline fishery, demonstrates that the proposed standards are operationally feasible but that they have not always been applied. Specifically, monitoring the performance of bycatch management measures has not always followed their implementation. 相似文献
3.
《Marine Policy》2005,29(5):391-405
Integrated oceans management (IOM) is emerging in the international arena as a tool in meeting requirements for sustainable use of ocean space and marine resources. Australia and Canada are at the forefront of these developments and, being without set precedents, each state has adopted quite different strategies to implement IOM—Australia adopting a policy-driven approach delivered through Regional Marine Plans and Canada developing legislation that provided a framework for policy implementation delivered through an Integrated Management Framework. Despite these significant differences, examination of initiatives in both states indicates that there are also significant commonalities and shared experiences, providing important lessons for implementing IOM. 相似文献
4.
《Marine Policy》2016
One of the main challenges of international environmental agreements is improving relevant policy actions to promote adequate environmental responses. To support the work of decision makers, recent studies have used environmental and social indicators to construct global and regional-scale indices. This study aimed to use the Ocean Health Index and the Management Ranking for Brazilian States to assess Brazil’s performance regarding the Aichi Biodiversity Targets (ABTs) for coastal and marine ecosystems. Thus, six ABTs were matched and their performance was evaluated. These ABTs focused on the following topics: pollution, fish and invertebrate stocks, pressures on coral, threatened species and their conservation, the contribution of biodiversity to carbon stocks and the national biodiversity strategy and action plan. However, although the indices used showed many pathways to explore how Brazil is performing, it is still complex to evaluate ABTs’ performance regarding coastal and marine ecosystems at a global and regional scale. 相似文献
5.
The value of applying a regional level, Ecosystem Based Fisheries Management (EBFM) framework, which is a step-wise, hierarchical, risk-based approach, was tested on the West Coast Bioregion of Western Australia. With structured stakeholder input, over 600 ecological, social, economic and governance issues were initially identified for the region. This complexity was reduced to a level useful for management by consolidating the individual risks into 60 regional-level risks, with a multi-criteria analysis used to integrate the ecological, social and economic risks into just 24 Departmental-level priorities, which ranged from very low to urgent. Given this success, EBFM-based priorities now form the basis for the Department’s budget planning process, plus the framework is providing a critical link between fishery level issues and the broader processes undertaken by other marine based agencies. The EBFM framework is a significant step forward for the integrated management of natural resources by enabling all assets and issues relevant to stakeholders and government to be holistically considered at a regional level. 相似文献
6.
《Marine Policy》2014
The ocean regulates the global climate, provides humans with natural resources such as food, materials, important substances, and energy, and is essential for international trade and recreational and cultural activities. Together with human development and economic growth, free access to, and availability of, ocean resources and services have exerted strong pressure on marine systems, ranging from overfishing, increasing resource extraction, and alteration of coastal zones to various types of thoughtless pollution. International cooperation and effective governance are required to protect the marine environment and promote the sustainable use of marine resources in such a way that due account can be taken of the environmental values of current generations and the needs of future generations. The high seas deserve particular attention since they suffer from a number of regulatory shortcomings due to the basic structures set out under international law. Against this backdrop, developing and agreeing on a focussed Sustainable Development Goal (SDG) specifically for the Ocean and Coasts could prove to be an essential element to provide guidance and a framework for regional implementation agreements. 相似文献
7.
《Marine Policy》2015
The development of regional governance for the protection of the environment, sustainable use of natural resources and conservation of its biodiversity is unquestionably a cornerstone of international environmental law and policy. With regard to marine and coastal issues, it has mainly been taking place through Regional Seas programmes, Regional Fishery Bodies and Large Marine Ecosystems mechanisms. Based on a similar geographical approach, however, these regional mechanisms raise concerns relating to their coordination and efficiency, and possibly overlap in what they aim to achieve. This paper provides a review of existing regional oceans governance mechanisms, assessing their individual and collective capacities to move towards ecosystem-based management, and highlighting options to make the regional landscape more coherent and effective. 相似文献
8.
《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
9.
《Marine Policy》2014
While the international community debates the desirability and possible content of a new global instrument for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction, alternative approaches to improving the application and implementation of existing agreements for the protection of biodiversity appear to have fallen off the agenda. Recent practice under existing global and regional agreements suggests that, given political will, significantly greater protections could be achieved through the more effective implementation of individual sectoral agreements. However, while single-sector measures have the potential to make a valuable contribution, ultimately only multi-sectoral, integrated, cooperative management can ensure the conservation and long-term sustainable use of marine biodiversity in ABNJ. This requires establishing mechanisms for cooperation both intra and inter-sectorally, as well as between the sectoral and global and regional conservation agreements. This paper examines recent initiatives within various sectoral and conservation treaty regimes aimed at improving their application within ABNJ as well as some of the challenges to, and options for, further and better cooperation and coordination among and between existing regimes, and it identifies a range of possible mechanisms for achieving more effective implementation and coordination among them. Greater use of existing mechanisms represents a sensible approach to making the most of existing arrangements without in any way foreclosing the possibility of the adoption of a more comprehensive, integrated global agreement for the protection of marine biodiversity in ABNJ. 相似文献
10.
《Marine Policy》2014
The development of regional initiatives for the protection of the environment is a cornerstone of international environmental policies. With regard to marine and coastal issues, this regionalisation has mainly been taking place through regional seas programmes and Regional Fisheries Management Organisations. Some regional initiatives and organisations have progressively extended their activities to areas beyond national jurisdiction. This paper aims at analysing these recent developments, highlighting their interests and challenges, and proposing options to strengthen the efficiency of regional actions in these areas. It also highlights the need to consider the global discussions on a possible new global agreement and the development of regional actions as two interconnected processes. 相似文献
11.
在全球气候变化与人类高强度开发的双重影响下,人地复合生态系统和受陆海系统交互影响的海岸带地区生态脆弱性更加明显。如何有效把握人地复合生态系统发展动向,合理规划与调控社会经济活动、促进人地关系协调发展一直是可持续发展领域研究的重点课题。韧性作为系统的内在特征,在防范化解灾害风险、维护区域生态安全中发挥着重要作用,是人地复合生态系统可持续发展能力的重要表现。然而,目前关于人地复合生态系统韧性的内涵、评估方法等方面尚未形成统一的范式,韧性的量化评估方法存在较大差异。通过梳理和归纳现有研究成果认为,韧性经历了从工程韧性、生态韧性到演进韧性的转变,其概念及内涵仍在不断拓展与深化;总结对比了基于过程形成性和状态总结性的韧性评估方法发现,将韧性作为过程与结果的综合评估研究仍较为缺乏;在抵抗扰动、维持稳定和协调发展的韧性理念下,生态系统的保护与修复等将是区域可持续发展应用中人地复合生态系统安全的重要保障。根据人地复合生态系统韧性研究进展的分析结果,结合海岸带生态系统韧性研究的现状及不足,认为未来需要在加强海岸带生态系统韧性内涵挖掘、完善海岸带生态系统韧性评价体系、提高海岸带生态系统韧性监测精度、促进学... 相似文献
12.
为满足新时代自然资源综合研究和管理的迫切需求,深入落实陆海统筹的战略部署,文章分析陆海统筹生态管理及其核心机制,即海岸带韧性。研究结果表明:陆海统筹生态管理的有效开展将对协调我国海岸带社会经济高质量发展和生态系统适应性管理,解决海岸带土地利用和海域使用的空间统筹、淡水和咸水的环境质量统筹以及洄游动物的生境修复统筹等基本问题发挥至关重要的作用;韧性聚焦复杂非线性系统的状态转换和突变过程,可研究耦合系统的多要素测度,有助于识别和分析海岸带面临的复杂压力和潜在风险,其本质是陆海统筹生态管理的核心机制;通过海岸带土地-水-生物多样性的联结,构建海岸带韧性研究新框架,以实现海岸带韧性的多维时空测度以及社会-生态耦合系统的转型模式应用,可服务于海岸带系统评价、空间规划和综合管理,支撑科学决策。 相似文献
13.
《Marine Policy》2016
This paper surveys the current state and major trends in global fisheries; the environmental and social dimensions of fisheries; and explains how the international community has tried to meet the policy challenges associated with oceans and fisheries. The ocean and the freshwater ecosystems of the world make significant contributions to people's well-being via the many vital social and environmental services they provide (for example, food and nutrition, employment and incomes, carbon cycling and sequestration). The impact that the increase in fishing since the 1950s has had on wild fish stocks, and the significant increase in aquaculture production in the 20th century, have resulted in severe environmental impacts. This has significant effects on marine ecosystems and the health of oceans. The erosion of the resource undermines communities' long-term interests, including food security, employment, and income. Attempts by the global community to address challenges of sustainable production by improving the governance and management of fisheries resources range from national management of fisheries resources, to regional fisheries management organisations (RFMOs) for international fisheries stocks. These attempts have not always successfully met the challenge of balancing current and future use of fisheries. 相似文献
14.
《Ocean & Coastal Management》1999,42(5):369-398
The state of many fisheries and fishery resources requires a major change in development and management policies and strategies, at national and regional levels. The international Code of Conduct for Responsible Fisheries, adopted in FAO in 1995, provides the operational framework for such change, in all fisheries, in the oceans, inland waters, EEZs, international waters, as well as in aquaculture. In their respective areas of competence and in close collaboration, FAO and the World Bank are committed to facilitate the implementation of the Code by fishing and coastal nations. This paper presents the strategy they have developed for the purpose. The paper elaborates on: (1) the main policy-related issues faced by fisheries worldwide (bio-ecological, technological, economic, socio-cultural, institutional and legal, as well as scientific); (2) the Code of Conduct, its background, structure and scope; (3) the basis of the implementation strategy by FAO and the Bank; and the main types of activities involved at global, regional and national levels. In conclusion it describes briefly the main elements of changes imbedded in the strategy and shows that the implementation by FAO and the Bank as well as by the countries has already actively started. 相似文献
15.
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
16.
17.
《Marine Policy》2017
The need for integrated resource management in coastal and marine areas is increasingly urgent. Estuaries, as a representation of the relationship between river basins and coastal areas are spaces of convergence due to their natural characteristics. Transboundary estuaries also historically represent divisions between regions and countries, often presenting overlaid administrative domains and a complex situation to manage. This paper makes a meta-analysis of the main geographical and managerial characteristics of 17 cases of transboundary estuaries in Latin America and the Caribbean region (LAC). These cases are presented as examples of bilateral relations of cooperation and co-management of shared systems (fluvial, coastal and marine). The analysis of these estuaries in LAC demonstrated that there is an inadequate integration between River Basin Management and Coastal Areas Management, not considering the scope of a management based in ecosystems. It was also exposed that the articulation of international and national policies and the land and sea domains that take place at these locations determine the system management, as well as the use and distribution of shared resources. 相似文献
18.
《Marine Policy》2014
In recent decades there has been steady progress towards a risk-based management approach for fisheries. An important first step in a risk analysis framework is scoping to identify, describe and catalog the sources of uncertainty that might have an impact on a fishery. This paper introduces a methodology based on a range of tools to formalize the process of elicitation of uncertainties, from both experts and stakeholders, for the International Commission for the Conservation of Atlantic Tunas (ICCAT). ICCAT is a regional fisheries management organization responsible for the conservation of tunas and other highly migratory fish in the Atlantic Ocean and its adjacent seas. The aim of the elicitation was to identify and prioritize uncertainties for inclusion in Operating Models for Management Strategy Evaluation (MSE). The tool presented in this paper supports the qualitative prioritization of uncertainties, while also visualizing the degree of consensus among stakeholders on particular issues. Perceptions of uncertainty in fisheries often vary widely among scientists, industry and other interest groups, so tools that can facilitate inclusion and representation of different opinions are useful where decision-making depends on broad agreement and more generally, where effective management depends on commitment from stakeholders. 相似文献
19.
Ecosystem based management takes into account the interconnectedness and interdependent nature of ecosystem components and emphasizes the importance of ecosystem structures and functions which provide a range of services. The concept has now been adopted by many international agreements and national governments and is in the process of being implemented. This paper seeks to review the literature and to analyze the understanding of the subject. The term is defined and its implementation in fisheries and for all marine uses is analyzed. It has been concluded that to understand marine ecosystem based management one must consider ecosystems as complex adaptive systems which can show changes at higher levels from actions and processes occurring at lower levels. Recognizing that humans are part of these complex adaptive systems is vital in that their actions along with other processes can lead to transformations in ecosystem functioning. This recognition is also important to show how society can sustainably exploit these resources and that the inclusion of all stakeholders in the management process is necessary to legitimize the process. The uses of the precautionary principle along with adaptive management are seen to be useful tools in implementing these insights into the management of natural resources. Finally, the need for reducing consumption of fish is considered. 相似文献
20.
This paper provides an overview of the small-scale fisheries sector in countries within the Benguela Current Large Marine Ecosystem (BCLME), one of the most productive large marine ecosystems in the world. The study revealed that Angola, Namibia and South Africa have very different legal and policy frameworks, show different levels of compliance with international and regional agreements to protect the livelihoods and food security of small-scale fishers, as well as of integration of fisheries into food security objectives. Angolan law recognises and protects small-scale fishers through legal and institutional mechanisms. In Namibia, this sector of fishers is not legally recognised, while in South Africa traditional fishers have been largely excluded from the new fisheries management framework. Trends in national and regional fish consumption and in the extent of export orientation in fisheries are explored, as well as the potential threats to small-scale producers and food security in the region posed by ongoing drives to incorporate fisheries in the World Trade Organisation (WTO) agreements. 相似文献