The international legal framework for marine spatial planning

Increasing demand for ocean resources, both living and non-living, have already lead to loss of biodiversity, habitat depletion and irreversible damage to the marine environment. Furthermore, introduction of new kinds of sea uses, spatial extension of ongoing sea uses and the need to better protect and conserve the marine biological diversity will result in increasing conflicts among the various users, as well as between the users and the environment. Marine spatial planning as a process to allocate space for specific uses can help to avoid user conflicts, to improve the management of marine spatial claims, and to sustain an ecosystem-based management of ocean and seas. This article explores the rights and duties towards exploitation and protection of the marine environment under the jurisdiction of coastal states as reflected in two important global conventions, the United Nations Convention on the Law of the Sea and the Convention on Biological Diversity. Both Conventions provide the main legal framework for marine spatial planning that have to be taken into account in planning at the regional and national level.     

International legal options for the control of biofouling on international vessels

Shipping represents a threat as a vector for the transfer of non-indigenous marine species through the discharge of ballast water and biofouling of vessels’ external structures and internal piping. While considerable attention has been given to the management of ballast water, there currently exists no international legal instrument with which to control biofouling.A number of existing legal mechanisms may be applicable in the context of coastal States’ rights under international law. However, existing mechanisms are insufficient to regulate all aspects of the biofouling problem to ensure comprehensive management of the issue. There is, therefore, a need for the development of a comprehensive international agreement to address this gap. The issue of biofouling on international vessels has now been included on the work programme of the International Maritime Organisation (IMO). As a contribution to discussions on how to address this particular issue at an international level, this article provides an analysis of the options available through the IMO to address this issue.Having defined the specific “threat scenario” with regard to hull fouling, the article will consider: (i) the international legal framework that has been established to regulate the harmful impacts of international shipping; (ii) the range of practical measures that are available to manage biofouling on vessels; and (iii) international legal options available to States to address the threat of biofouling posed by international shipping.     

Fragmented governance: Reconciling legal strategies for shark conservation and management

Sharks play a critical role in the ocean environment yet many species are under threat. Over the last ten years, the international community has taken significant steps to protect shark species and address the threats to them through the adoption and implementation of international laws, plans and programmes. Nevertheless, despite the attention given to this issue, many shark species continue to deteriorate in numbers. While the reasons for this decline are complex and varied, regulatory fragmentation is one contributing factor. Legal regulation is a critical element in achieving effective conservation and management of sharks. This article considers the international laws, plans and programmes that seek to conserve shark species, explores the current fragmented regime and outlines possible strategies to overcome this challenge and enhance shark protection in the future.     

Adaptation in a time of stress: A social-ecological perspective on changing fishing strategies in the Canadian snow crab fishery

Recent scholarship has focused attention on the dynamics and management of marine social ecological systems and on the need for developing a deeper understanding of the fishing strategies of fish harvesters. This includes an understanding of how a broad range of factors influence the strategies of those at the ‘center’ of marine social-ecological interactions. This paper reports on the findings of a survey of snow crab (Chionoecetes opilio) fishers in Southeastern Labrador conducted at a time (2005) of significant stress in the fishery. Results highlight that snow crab fishers are embedded in a social-ecological system and that shifts in fishing strategies in times of stress are a product of adapting to a dynamic, interactive set of factors that have social, economic, ecological and management aspects. Important differences between fleet sectors (larger and smaller vessels) as well as processes of learning are also described. The article concludes with a discussion of the implications for management and the utility of a holistic social-ecological perspective.     

The case for an international commission for the conservation and management of sharks (ICCMS)

The current rate of shark global exploitation and mortality is arguably so high under current management regimes that unless a renewed initiative is undertaken some species of shark will become effectively extinct. Current efforts to sustainably manage shark mortality are driven primarily by domestic laws in a few countries, big international non-governmental organizations (BINGOs) promoting environmental laws in the countries or regions where they exist, a handful of regional fisheries management organizations (e.g., IATTC and ICCAT), and inter-governmental organizations such as CITES. The absence of enforcement capability is often argued as the critical component in the failure to protect sharks from overexploitation. The remedy advanced here goes far beyond the need for stepped up enforcement, and calls for the creation of an entirely new international management regime, the International Commission for the Conservation and Management of Sharks (ICCMS). Such an agency could learn from the experiences of management bodies tasked with conservation of species biologically similar to sharks, such as the International Whaling Commission (IWC), to improve its efficacy. Critics have identified many organizational flaws that reduced the IWC’s effectiveness during its earliest years. Some of those flaws are examined here and remedies are suggested that an ICCMS could use to create a more effective management regime. The life histories of elasmobranches and large whales are compared to illustrate their similarities as a biological foundation for the selection of the IWC as a model.     

The management of the blue whiting fishery as complex social-ecological system: The Galician case

In Europe, 88% of fish stocks are being fished beyond Maximum Sustainable Yield and 30% of stocks are outside of biological limits. The blue whiting fishery is also following a consistent trend of a declining, and the EU recently adopted a 93% quota decrease for this species. Despite the abundant literature related to genetic aspects of population structure of aquatic resources, few studies have specifically addressed the link between fisheries management and population genetics. Given potential differences in the behavior of different subpopulations, population genetics has great relevance in the correct interpretation of the evolution of stocks. Ignoring the congruence of spatial scales between the population structure of fish species and management units can result in reduced productivity and local reduction of populations.     

The impacts and implications of the legal framework for sea use planning and management in China

The enactment of the Law on the Management of Sea Use introduced a new and important legal system for strengthening integrated coastal management in China. This paper presents the situation pertaining to coastal management in China prior to its enactment and an analysis of the major components of the Law. It then discusses the ways and means employed to implement the Law at national and local levels since its promulgation, as well as its impacts and implications. The paper ends with a number of recommendations for further legislative enhancement.     

Identifying new pathways for ocean governance: The role of legal principles in areas beyond national jurisdiction

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.     

Mapping seascapes of international environmental arrangements in the Coral Triangle

The Coral Triangle Initiative on Coral Reefs, Fisheries and Food Security (CTI), adopted recently in response to the degradation of coastal and marine environments in the Southeast Asia-Pacific’s Coral Triangle, emphasises the need for using existing international and regional fora to promote implementation. Large-scale marine initiatives, including the CTI, very often must contend with a remarkably complex institutional system. This raises the question of whether and how such complexity can be conducive to marine resources management. To answer this question, this paper aims to better understand the governance context in which the CTI was established (i.e., map governance fragmentation/complexity), and explore how such a context may support the implementation of the CTI goals (i.e., examine normative interplay). To conduct this examination, it uses an objective method that allows users to view and explore institutional arrangements through a network approach. By documenting the system of existing institutions in the Coral Triangle, the study shows that the Coral Triangle governance system is illustrative of those of international environmental governance. It involves multiple policy domains, and features different institutional arrangements and variability in terms of geographical scope and main subject matter. Such a system is complex and fragmented, marked by jurisdiction and functional overlaps. The paper suggests interplay management, such as inter-institutional learning and enhancing institutional synergy, as a promising process to promote inter-institutional coordination.     

Social indicators of vulnerability for fishing communities in the Northern Gulf of California,Mexico: Implications for climate change

Marine fisheries support the livelihoods of millions of people worldwide. These fisheries and the communities that depend on them are highly vulnerable to climate change and other interacting anthropogenic threats. The cumulative and interacting effects of these stressors could potentially produce declines in fish production, which would significantly impact artisanal fishers. Assessing relative vulnerability of fishing communities to anthropogenic stressors is an important first step to identifying mitigation or adaptation strategies. This study assessed the vulnerability of 12 coastal communities in the Northern Gulf of California to disruptions in fishing activities from anthropogenic stressors, including climate change. The Northern Gulf is a megadiverse area and a major source of fishery resources. Quantitative indicator indices based on secondary and primary data were developed to assess the three aspects of vulnerability: sensitivity, exposure, and adaptive capacity. The key components of vulnerability varied amongst communities. Vulnerability was higher in communities with higher fishing dependence and lower socioeconomic diversification. The approach presented here provides important insights into the type of policy actions that might be needed in different communities for adaptation and mitigation.     

Institutional entrepreneurs,global networks,and the emergence of international institutions for ecosystem-based management: The Coral Triangle Initiative

This study explores the role of institutional entrepreneurship in the creation of an international agreement to radically transform management of coastal and marine resources in the Coral Triangle. It analyzes how institutional entrepreneurs develop strategies to overcome barriers to change and navigate opportunity contexts to mobilize support for ecosystem-based management. The analysis shows that institutional change depends on collaboration among several institutional entrepreneurs that have access to different networks and are supported by different types of organizations. It also shows that interplay between institutional entrepreneurship and high-level political leadership plays a critical role in institution building. Institutional entrepreneurs must therefore align their ideas of ecosystem-based management to multiple political priorities and transfer experience and social capital from previous multilateral projects. By supporting the development of new governance arenas for deliberation, institutional entrepreneurs may enhance the fit between domestic and multilateral policy making. Lastly, institutional entrepreneurship may raise critical questions about legitimacy, accountability and ownership.     

The ecosystem framework for planning and management the Atlantic coast of Guatemala

The Amatique Bay is an estuarine ecosystem with great ecological and socioeconomics value due to its diversity of environments, biotic resources and the human activities it supports. However, until the mid-1990’s, the absense of planning and use of ecological criteria in its development have resulted in the environmental deterioration of the ecosystem and its resources. In this constribution the most important ecological aspects of the ecosystem, its economical development, environmental problems, and guidelines for its management are analyzed, putting the ecosystem as focus for planning and management of the Atlantic Coast of Guatemala. The approach enables the analysis of the sectorial levels including tourism, hunting and fishing, agriculture and livestock farming, urbanization, oil-related activities, ports and means of communications, and finally the integration of these activities into the ecosystem and habitats in the region providing management guidelines. In conclusion, it is recommended that the integrated management plan for the Atlantic Coast of Guatemala be grounded in a development strategy based on scientific knowledge, integrating the ecosystem, the economics, and the policy, geared towards the solutions of the priority problem and definition of planning and development policies.     

Tangled lines in New Zealand's quota management system: The process of including recreational fisheries

This article uses New Zealand as a case study of processes relating to the inclusion of recreational fisheries in modern fisheries management systems based on Individual Transferable Quotas (ITQs). The New Zealand case highlights challenges governments often meet when attempting to integrate the recreational sector into fisheries management, including: (a) resistance to restrictions on what has historically been free-of-charge public access to fish for recreational purposes and (b) the fragmented character of the recreational sector, which makes it difficult to have recreational interests attend to their management role and responsibilities.     

Economic incentives for sustainable hilsa fishing in Bangladesh: An analysis of the legal and institutional framework

Bangladesh's hilsa shad (Tenulosa ilisha) comprises the largest single-species fishery in the country, constituting 11 per cent of the total catch and employing 2.5 million people directly or indirectly. Since 2003, following a sharp decline in catch figures, the hilsa fish has been the subject of a government conservation programme offering fishers economic incentives or payments for ecosystem services (PES). While PES schemes are widely used to conserve natural resources such as forests and watersheds, Bangladesh's programme is a rare example of PES for sustainable fishery management. Catch figures have improved since the programme was introduced; but concerns remain about fishers’ socioeconomic conditions and the long-term sustainability of Bangladesh's hilsa fishery. This paper analyses the conservation scheme's legal and institutional frameworks, identifying challenges to its design and implementation, and makes recommendations to overcome them.     

The irony and the exclusivity of Atlantic bluefin tuna management

The eastern stock of Atlantic bluefin tuna (thunnus thynnus) was recently nominated for protection under the Convention on International Trade in Endangered Species of Flora and Fauna (CITES). That nomination failed, which leaves management of the heavily overfished stock in the hands of the International Commission for the Conservation of Atlantic Tunas (ICCAT). This paper reviews the history of ICCAT management of Atlantic bluefin tuna to show that (1) early elimination of competitive forces prevented agreement on management in keeping with scientific advice, resulting in the steep decline of the stock, (2) even just the threat of a CITES listing can provide temporary impetus for marked improvement in ICCAT management, and (3) long-term sustainable management by ICCAT will require continued economic and political pressure.     

A global map to aid the identification and screening of critical habitat for marine industries

Marine industries face a number of risks that necessitate careful analysis prior to making decisions on the siting of operations and facilities. An important emerging regulatory framework on environmental sustainability for business operations is the International Finance Corporation’s Performance Standard 6 (IFC PS6). Within PS6, identification of biodiversity significance is articulated through the concept of “Critical Habitat”, a definition developed by the IFC and detailed through criteria aligned with those that support internationally accepted biodiversity designations. No publicly available tools have been developed in either the marine or terrestrial realm to assess the likelihood of sites or operations being located within PS6-defined Critical Habitat. This paper presents a starting point towards filling this gap in the form of a preliminary global map that classifies more than 13 million km² of marine and coastal areas of importance for biodiversity (protected areas, Key Biodiversity Areas [KBA], sea turtle nesting sites, cold- and warm-water corals, seamounts, seagrass beds, mangroves, saltmarshes, hydrothermal vents and cold seeps) based on their overlap with Critical Habitat criteria, as defined by IFC. In total, 5798×10³ km² (1.6%) of the analysis area (global ocean plus coastal land strip) were classed as Likely Critical Habitat, and 7526×10³ km² (2.1%) as Potential Critical Habitat; the remainder (96.3%) were Unclassified. The latter was primarily due to the paucity of biodiversity data in marine areas beyond national jurisdiction and/or in deep waters, and the comparatively fewer protected areas and KBAs in these regions. Globally, protected areas constituted 65.9% of the combined Likely and Potential Critical Habitat extent, and KBAs 29.3%, not accounting for the overlap between these two features. Relative Critical Habitat extent in Exclusive Economic Zones varied dramatically between countries. This work is likely to be of particular use for industries operating in the marine and coastal realms as an early screening aid prior to in situ Critical Habitat assessment; to financial institutions making investment decisions; and to those wishing to implement good practice policies relevant to biodiversity management. Supplementary material (available online) includes other global datasets considered, documentation and justification of biodiversity feature classification, detail of IFC PS6 criteria/scenarios, and coverage calculations.     

The negotiations for a binding instrument on the conservation and sustainable use of marine biological diversity beyond national jurisdiction

The conservation of marine biological diversity has been identified as a crucial issue in need of legal regulation. The UNCLOS does not sufficiently address all issues relevant to viably conserve biological diversity. Legal developments concerning marine genetic resources, area-based management tools such as marine protected areas, environmental impact assessment and capacity building are being discussed as elements of a new implementing agreement. In particular, more precise legal rules concerning marine protected areas beyond national jurisdiction are needed to supplement the frame left by UNCLOS. As concerns the issue of access to genetic resources and the sharing of benefits the UNCLOS regime has gaps because the relevant activities had not been foreseen at the time of the convention's adoption. Divergent views exist as to whether the concept of the common heritage of mankind should be extended to genetic resources.     

Legal regulation of the shipbreaking industry in Bangladesh: The international regulatory framework and domestic implementation challenges

Shipbreaking is the process of dismantling an obsolete vessel for scrapping or disposal. This activity was not officially declared an industry in Bangladesh until 2006, even though the country is one of the biggest ship-breakers in the world. This industry has dramatically expanded in Bangladesh, at the cost of environmental degradation and severe labour exploitation. Despite environmental and human rights violations, the shipbreaking industry represents a vital source of income for the country and a livelihood for a significant portion of its population. Shipbreaking activities in Bangladesh present both opportunities and challenges for Bangladesh. This article examines the extent to which the existing regulatory framework for dealing with these issues in Bangladesh is congruent with international instruments. This article also examines relevant international instruments which prescribe the core principles for regulating the ship breaking industry and evaluates the legal regulation of the Bangladesh ship breaking industry against these international instruments. The underlying objective of this evaluation is to demonstrate that Bangladeshi instruments could incorporate the core of the international instruments to minimise the environmental damage caused by this industry. This article concludes that Bangladesh should either amend its laws or enact a new legislative scheme that is based on the core values of the Basel Convention. This change is vital if Bangladesh wants to ensure a long lasting industry that could serve its need for iron ore and engage its abundant labour force, without the cost of destroying its coastal line which is one of its most valuable natural assets.