Sovereign rights over Indonesian natural resources : An archipelagic concept of rational and sustainable resource management

This article examines the role of the concept of sovereignty over national resources in the management of resources. Resource management as opposed to resource exploitation is more desirable both for the protection of the environment and for the sustainable development of resources. It is argued that the national right over resources is an essential element in rational resources management which in turn is indispensable to carrying out a policy of sustainable development. The article first describes the Southeast Asian seas environment. Second, the article examines the regime of archipelagic waters according to the UN Convention on the Law of the Sea, 1982 and its significance for the right of the management of natural resources in the Indonesian marine space. Third, utilization of living resources in the national marine space is reviewed. Fourth, the article deals with the mechanism for a rational management of non-living resources: the Kontrak Karya and production sharing systems for hard minerals and oil and gas respectively.     

区域渔业管理组织对脆弱海洋生态系统的保护浅析

21世纪以来底拖网渔业的快速发展给脆弱海洋生态系统（VME）带来极大威胁,导致公海深海渔业发展不可持续以及海洋生物多样性降低。为更好地实现养护海洋渔业资源和保护海洋生物多样性的目标,同时为我国在保护VME以及管理公海深海渔业方面提供参考,文章分析八大区域渔业管理组织（RFMO）针对VME保护采取的系列措施及其保护VME的可行性,针对存在的问题提出对策建议,并对我国在RFMO中保护VME进行展望。研究结果表明：《公海深海渔业管理国际准则》在RFMO保护VME的实践中发挥重要的指导作用;RFMO采取的措施限制深海渔业活动,但为保护VME和养护海洋渔业资源提供重要基础和保障;未来RFMO应加强信息共享和技术合作,发展VME分布预测技术,同时在保护海洋生物多样性方面积极开展双边和多边合作;我国应进一步研究和实践基于生态系统的渔业管理方法,平衡保护与开发利用的关系,积极参与国际渔业管理和VME保护并促进合作,加强南极海域海洋保护区综合治理。     

Rights and ownership in sea country: implications of marine renewable energy for indigenous and local communities

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.     

A clash of values and approaches: A case study of marine protected area planning in Mozambique

Many developing countries are expanding their network of Marine Protected Areas (MPAs) to meet ambitious marine conservation targets set globally and to develop tourism nationally. This study explores the human dimensions of MPA planning in Mozambique by engaging local resource users in a series of structured discussions about marine resource use, pressures on marine resources, ways to address such pressures, and the potential positive and negative impacts of MPAs on the management of marine resources and livelihoods, from a community perspective. Findings show that the groups and communities interviewed are at best ambivalent towards MPAs while at the same time supporting increased government regulation, including conventional fisheries management measures. The study suggests that without significant community involvement in the choice of marine conservation tools, the drive to establish MPAs to achieve biodiversity conservation and tourism development goals may be counterproductive, at least in terms of poverty alleviation and sustainable resource use. It argues that a wider range of marine conservation approaches and tools needs to be considered in addition to MPAs, taking into consideration local views and institutional capacities.     

Marine conservation policy in Seychelles: Current constraints and prospects for improvement

The marine assets of Seychelles are fundamental to the national economy through generating income derived from tourism and fisheries. Marine management institutions and policies have undergone radical changes since 2008, reflecting a number of drivers and initiatives at international and national levels. Through using the example of Curieuse Marine National Park in the inner Seychelles, we demonstrate how these are affecting marine conservation with respect to coastal development, governance of marine protected areas and livelihood security within resource-dependent communities. These issues are of significance with respect to the current and future viability of marine conservation and resource management in Seychelles. Potential mitigating strategies are suggested which could lead to more effective governance and conservation of marine protected areas in Seychelles and similar small island developing states.     

我国重要入海河口河海界线划分探讨

河海界线不明不仅带来执法难、管理难的问题,也使投资环境趋于恶化,对海洋经济的发展有明显的抑制.海河(江)界线划分涉及社会、经济、环境等多个领域,是一项复杂的系统工程.因此建议国家有关部门要重视河海划界工作,成立专门的协调机构和专家组,尽快明确重要河(江)口的河(江)海分界线,并建议全国人大尽快修改<中华人民共和国海域使用管理法>,及时将陆海划界和入海河(江)口河(江)海划界成果吸收进去,使我国沿海各地的海域使用管理更具可操作性,以利于我国沿海河口区域的行政管理,保护河口流域环境,促进经济社会又好又快可持续发展.钱塘江口管理和投资现状具有一定的代表性,以钱塘江口为例,依据钱塘江入海河口的类型及特点,既尊重历史,又着眼于未来,从科学性、合理性、实用性和稳定性等多个角度进行分析与评价,服从和服务于海洋法制建设和海洋综合管理的需要,以促进沿海地区经济社会的发展为最终目标,探讨了钱塘江口江海分界线的位置和划分的依据,认为以澉浦-西三连线作为钱塘江口江海分界线符合自然特性和历史习惯.钱塘江河海分界的划分依据和划分原则也基本适用于其它河口.     

Priority questions to shape the marine and coastal policy research agenda in the United Kingdom

United Kingdom (UK) and European Union policy is rapidly developing to meet international targets for the sustainable use and protection of the marine environment. To inform this process, research needs to keep pace with these changes and research questions must be focused on providing robust scientific evidence. Thirty four priority research questions within six broad themes were identified by delegates who attended the 1st marine and coastal policy Forum, hosted by the Centre for Marine and Coastal Policy Research at Plymouth University in June 2011. The priority questions formed through this research are timely and reflect the pace and change of marine policy in the UK in response to international, European and national policy drivers. Within the data theme, the majority of questions seek to find improved procedures to manage and use data effectively. Questions related to governance focus on how existing policies should be implemented. The marine conservation questions focus entirely upon implementation and monitoring of existing policy. Questions related to ecosystem services focus on research to support the conceptual links between ecosystem services, ecosystem function, and marine management. Questions relating to marine citizenship are fundamental questions about the nature of societal engagement with the sea. Finally, the marine planning questions focus upon understanding the general approaches to be taken to marine planning rather than its detailed implementation. The questions that have emerged from this process vary in scale, approach and focus. They identify the interdisciplinary science that is currently needed to enable the UK to work towards delivering its European and international commitments to achieve the sustainable use and protection of the marine environment.     

Issues and challenges in spatio-temporal application of an ecosystem services framework to UK seas

The concepts of ecosystem services and human welfare provide strong integrative frameworks that can be used to inform marine policy and management decisions that support sustainable development. A theoretical framework has been developed and applied to create a model for UK seas to measure changes in final ecosystem services, in terms of human welfare. The model that has been developed is explicitly spatial and temporal to facilitate its use in supporting marine planning decisions. The development and application of this framework to UK seas necessarily requires many assumptions to be made. The paper describes the development and population of the framework and discusses the practical limitations and challenges in seeking to develop and apply such models. Significant differences in long-term values of different services were identified under the different scenarios. All scenarios highlight the projected decline in oil and gas revenues which provide particular intense values at sites of extraction. These values are partially replaced by revenues from offshore renewables in some of the scenarios. Values associated with carbon sequestration, maritime transport, tourism and pollution assimilation are also very significant but more spatially diffuse. The study has demonstrated that it is possible to develop spatio-temporal models to evaluate changes in final ecosystem service benefits using existing data, although the approach necessarily requires many assumptions to be made.     

Measuring management success: Experience with United States fisheries

Many articles have been published in recent years criticizing the management of living marine resources based solely on biological stock conservation criteria. In the United States and in many parts of the rest of the world, multiple management objectives and goals in addition to stock conservation must be met by fishery managers responsible for the marine resources under their control. An alternative management metric, conservation efficiency, is recommended based instead on a multi-disciplinary scientific framework that captures these different goals and the behavior of participants in the fishery. On the basis of the constraints facing managers, resources can be conserved and the quality of life of consumptive and nonconsumptive fishery participants improved.     

我国海洋捕捞业政策变迁、结构特征及优化研究——基于政策文本的量化分析

自20世纪80年代以来,我国出台了众多海洋捕捞相关政策,厘清这些政策变迁规律对海洋捕捞业的健康发展具有重要意义。本文对1986年以来我国海洋捕捞业的政策文本展开量化分析,构建政策时间维度、政策工具维度、政策价值维度三维政策文本分析框架,梳理当前捕捞业政策变迁和结构特征,并深入分析了捕捞业政策与现实的匹配性。研究发现,海洋捕捞业的部分政策目标之间存在一定的冲突和矛盾;政策工具体系全面,但不同政策工具数量分布不均衡;早期政策的经济价值取向突出,社会、生态价值相对不足,需要适时调整政策价值取向。未来应明确政策目标,推动海洋捕捞管理范式由投入控制向产出控制的转变;优化政策工具组合,引导渔民自觉养护海洋渔业资源,提高海洋捕捞业政策的有效性;整合政策价值取向,协调产业发展、资源养护和渔民利益的关系,推动海洋捕捞可持续发展。     

Marine renewables and coastal communities—Experiences from the offshore oil industry in the 1970s and their relevance to marine renewables in the 2010s

Ambition to create jobs and economic growth from the vast open spaces of the oceans and seas is made real by new and developing technologies. In the 2010s, renewable energy generated from wind, wave and tide is laying claim to large areas of marine space and driving the search to find new ways to manage ocean and coastal development. Many more activities are expected and precedents are currently being set for the future of marine governance. Several observers have drawn parallels with the development of offshore oil and gas in the 1970s, which also represented a step change in use of the seas and coasts. The change was particularly felt in the Orkney and Shetland archipelagos, at the centre of the North Sea oilfields. Special powers were granted to the county councils here to control development and share in its benefits. This paper compares the oil and renewables industries, separated in time by nearly 40 years, and their influence on adjacent communities. The similarities and differences are identified to test the hypothesis that the 1970s oil model of local participation could be repeated for the development of marine renewables in the 2010s. The conclusion is that the model could well be applied but that the political and policy drivers of today make it unlikely, at least for the time being. Most notably, the change in the role of the public and private sectors and the use of market instruments to achieve national objectives tend to favour a climate of central control.     

Distributing the bigeye conservation burden in the western and central pacific fisheries

The Western and Central Pacific Ocean is home to the world's most productive tuna fisheries, with the majority of tuna catches occurring inside the exclusive economic zones (EEZs) of the region's developing coastal States. It is important that these fisheries are managed effectively throughout their range, both within and between EEZs and on the high seas. Unrestrained exploitation in a particular EEZ or on the high seas has the potential to significantly impact on catches elsewhere with potentially devastating consequences for developing coastal States, some of which have few alternate resources. The Western and Central Pacific Fisheries Commission (WCPFC) was established in 2004 to manage the region's highly migratory tuna fisheries. However, the WCPFC has since repeatedly failed to adopt conservation and management measures that are sufficient to meet the WCPFC's conservation and sustainable use objectives. This paper analyses catch data from the WCPFC and suggests that the weak position of bigeye (in a strategic political context), the unwillingness of members to compromise their interests and the lack of a transparent framework for distributing the burden of conservation are key factors in the WCPFC's failure to adopt sufficiently strong conservation and management measures.     

基于生态系统的海洋综合管理研究 ——以美国大沼泽湿地项目为例

基于生态系统的海洋综合管理是海洋管理的新理念和新模式,其倡导从海洋生态系统角度开展环境资源保护,并以促进海洋生态系统与人类开发活动的协调可持续发展为终极目标。美国大沼泽湿地项目是基于生态系统的海洋综合管理的经典范例。基于生态系统的海洋综合管理的核心理念是将整个生态系统纳入海洋综合管理范畴,颠覆传统的单一对象保护理念,实现海洋生态保护与人类生存发展协调可持续。美国大沼泽湿地项目采用了基于生态系统的海洋综合管理理念,将整个大沼泽湿地视为一个整体生态系统,实现联邦政府、州政府和社会组织协作,合力促进大沼泽湿地的绿色生态可持续发展。美国大沼泽湿地项目全面贯彻基于生态系统的海洋综合管理理念,采用联合管理模式,重视水资源环境治理取得一定成效,但也暴露出管理模式有待改进、公众宣传参与不到位、区域间联系不紧密等问题。     

Coastal and marine resource use conflicts and sustainable development in Tanzania

A survey of coastal and marine resource use conflicts in Tanzania was carried out to highlight them, investigate their origin and finally, suggest ways of minimizing them. Although Tanzania is putting emphasis on environmental issues, including coastal zone management, integrated coastal area management has not yet been integrated into the government management structure/approach. Many conflicts are the result of sectoral approach to coastal and marine resources management, and improper or poor implementation of government policies. Additionally, the local coastal community, who are the foremost stakeholder, were most often not involved in the planning, decision and implementation of many projects and policies even those that affect them directly. Ignorance about the linkages of coastal and marine ecosystems and resources is also an important factor. I suggest that integrated coastal area management which is the foundation for sustainable development, as far as coastal and marine resources are concerned, should be integrated into the government administrative structure. A lead agency with full authority on all activities on the coastal area, including issuance of permits for environmental sensitive businesses/activities, should be nominated or established. This will reduce conflicts by bringing about national coordination of coastal area management.     

The emerging policy landscape for marine spatial planning in Europe

This paper provides an overview of the emerging policy landscape for marine spatial planning in the European Union, which consists of four main categories of policy drivers: environmental legislation, legislation on marine renewable energy, fisheries regulations and the Integrated Maritime Policy. The weak links between these categories of policy drivers, underpinned by a lack of clarity regarding the vision for sustainability, pose major challenges for the emergence of ecosystem-based and integrated marine spatial planning in Europe. In addition, there is still uncertainty arising from on-going reform of the Common Fisheries Policy, and discussions on the need for a new marine spatial planning directive. This paper concludes with the view that better integration of environmental concerns into the Common Fisheries Policy is needed to strengthen the link between environmental legislation and fisheries regulations, and that the existing policy landscape, particularly the Marine Strategic Framework Directive, already provides a legal framework for ecosystem-based marine spatial planning. Such a framework is consistent with the recognition that ecosystem conservation underpins other pillars of sustainable development and provides the foundation for cross-sectoral marine planning and management.     

Implementing marine reserve networks: A comparison of approaches in New South Wales (Australia) and New Zealand

Marine reserve networks are an essential and effective tool for conserving marine biodiversity. They also have an important role in the governance of oceans and the sustainable management of marine resources. The translation of marine reserve network theory into practice is a challenge for conservation practitioners. Barriers to implementing marine reserves include varying levels of political will and agency support and leadership, poorly coordinated marine conservation policy, inconsistencies with the use of legislation, polarised views and opposition from some stakeholders, and difficulties with defining and mapping conservation features. The future success of marine reserve network implementation will become increasingly dependent on: increasing political commitment and agency leadership; greater involvement and collaboration with stakeholders; and the provision of resources to define and map conservation features. Key elements of translating marine reserve theory into implementation of a network of marine reserves are discussed based on approaches used successfully in New Zealand and New South Wales (Australia).     

Incentive instruments for the sustainable use of marine resources

The Australian Government recently ratified the “Oceans Policy” which provides a policy framework to effectively manage the resources and uses of the Australian Exclusive Economic Zone. The Oceans Policy is to be implemented through Regional Marine Plans that are based on the notion of large marine ecosystems and have the objective to integrate sectoral commercial interests and conservation objectives. This paper makes a theoretical contribution to the development of Regional Marine Plans which will demand the specification of detailed policies for regulating the various marine uses and impacts in the respective marine regions. The paper discusses a wide range of policy instruments and exemplifies their potential role for the management of marine resources and uses. The term incentive instrument includes financial and economic instruments as well as legal and regulatory instruments, education, co-management, voluntary approaches, community-based mechanisms and research. A set of criteria is established for the evaluation of individual incentive instruments. They are further placed in the context of a series of principles for policy design. The paper explores potential management instruments to: improve water quality of streams, estuaries and oceans, create sustainable fisheries, ensure sustainable marine tourism and recreation, manage conflict between user and interest groups, ensure environmentally sound marine transport and petroleum exploration and mining.     

Fair and equitable sharing of benefits from the utilization of marine genetic resources in areas beyond national jurisdiction: Bridging the gaps between science and policy

Marine genetic resources are a subject of a growing body of research and development activities, as demonstrated by the abundance of marine patented genes reported in GenBank. Given the lack of a comprehensive legal regime for the management of marine genetic resources in areas beyond national jurisdiction, the General Assembly of the United Nations met in 2006 to discuss whether there are regulatory or governance gaps and how to address them. Besides the crystallization of the different political positions, the process is now advancing towards making a decision about whether to develop an international instrument under the United Nations Convention on the Law of the Sea (UNCLOS) for the conservation and sustainable use of marine biological diversity, within which the regulation of access to genetic resources and the sharing of benefits from their utilization has emerged as an in-dissociable issue. In order to propose concrete options to be considered for the establishment of a legal framework addressing these issues, policy-makers need to better understand the feasibility, the costs and the modalities of scientific activities undertaken, together with the actual level of commercialization of new products. They also need to be aware of the already advanced practices in place within the scientific community, especially regarding sharing of non-monetary benefits. This paper particularly highlights and discusses practical scenarios to advance in the international process, based on the approaches adopted in other regional and international regimes for the management of genetic resources and on the best practices developed within the scientific community.     

A Sustainable Development Goal for the Ocean and Coasts: Global ocean challenges benefit from regional initiatives supporting globally coordinated solutions

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.     

Shaping an international agreement on marine biodiversity beyond areas of national jurisdiction: Lessons from high seas fisheries

A decade of international discussion on marine biological diversity beyond areas of national jurisdiction (BBNJ) culminated in 2015 with a United Nations General Assembly Resolution to establish an international legally-binding instrument on the conservation and sustainable use of BBNJ. Proponents of the new instrument therefore consider it as an opportunity to eliminate gaps in the current legal regime and promote better coordination. As the next step in the negotiations begins, substantial lessons can be drawn from the 1995 UN Fish Stocks Agreement (UNFSA), which has faced many of the same challenges related to gaps in scientific knowledge, uneven governance and regulatory capacities, and inherent unpredictability, both ecologically and in terms of anthropogenic drivers of change. For BBNJ, however, such challenges are far more complex due to the diversity of stakeholder communities and the diversity of resources involved, including fish and mineral resources with tangible economic values, marine genetic resources of unknown value, and the culturally-specific values attached to charismatic species and conservation in general. Drawing on lessons from UNFSA, it is argued that the establishment of marine protected areas (MPAs) under the BBNJ instrument would be particularly well served by a similar regional approach aligned with existing international agreements. In this regard, it is recommended that the capacity building under the new international instrument on BBNJ should focus inter alia on the secretariats of the regional fishery management organizations in order to enhance intra-regional and inter-regional cooperation and sharing of best practices.