Frank Maes

Integration at the Round Table: Marine Spatial Planning in Multi-Stakeholder Settings

Marine spatial planning (MSP) is often considered as a pragmatic approach to implement an ecosystem based management in order to manage marine space in a sustainable way. This requires the involvement of multiple actors and stakeholders at various governmental and societal levels. Several factors affect how well the integrated management of marine waters will be achieved, such as different governance settings (division of power between central and local governments), economic activities (and related priorities), external drivers, spatial scales, incentives and objectives, varying approaches to legislation and political will. We compared MSP in Belgium, Norway and the US to illustrate how the integration of stakeholders and governmental levels differs among these countries along the factors mentioned above. Horizontal integration (between sectors) is successful in all three countries, achieved through the use of neutral ‘round-table’ meeting places for all actors. Vertical integration between government levels varies, with Belgium and Norway having achieved full integration while the US lacks integration of the legislature due to sharp disagreements among stakeholders and unsuccessful partisan leadership. Success factors include political will and leadership, process transparency and stakeholder participation, and should be considered in all MSP development processes.

Prevention of Vessel-Source Marine Pollution: A Note on the Challenges and Prospects for Chinese Practice Under International Law

This article examines Chinas domestic legal regime for the prevention of vessel source pollution. It pays special attention to the recently adopted Regulation on Prevention and Control of Marine Pollution from Vessels. Potential challenges and emerging issues that China has to confront are addressed, including: application of the legislation to disputed sea areas between China and its neighbors, freedom of navigation in the exclusive economic zone, reduction of emission from ships, and prevention of invasive species from ballast water.

A New Perspective at the Ship-Air-Sea-Interface: The Environmental Impacts of Exhaust Gas Scrubber Discharge

Shipping emissions are likely to increase significantly in the coming decades, alongside increasing emphasis on the sustainability and environmental impacts of the maritime transport sector. Exhaust gas cleaning systems (“scrubbers”), using seawater or fresh water as cleaning media for sulfur dioxide, are progressively used by shipping companies to comply with emissions regulations. Little is known about the chemical composition of the scrubber effluent and its ecological consequences for marine life and biogeochemical processes. If scrubbers become a central tool for atmospheric pollution reduction from shipping, modeling, and experimental studies will be necessary to determine the ecological and biogeochemical effects of scrubber wash water discharge on the marine environment. Furthermore, attention must be paid to the regulation and enforcement of environmental protection standards concerning scrubber use. Close collaboration between natural scientists and social scientists is crucial for progress toward sustainable shipping and protection of the marine environment.

The SeArch Project: Towards an Assessment Methodology and Sustainable Management Policy for the Archaeological Heritage of the North Sea in Belgium

Large parts of the Belgian continental shelf (BCP) are affected by commercial activities. Close to the shore, major infrastructural works are also envisaged for the near future. All these activities constitute a serious threat for the underwater cultural heritage (UCH) but until recently solid regulation regarding UCH was (and largely still is) lacking in Belgium. The SeArch project tries to offer solutions to these challenges through the realisation of three objectives: (1) developing a reliable survey methodology based on remote sensing techniques that allows cost-effective evaluation of the archaeological potential of offshore, nearshore, and intertidal areas; (2) preparing correct implementation of the commitments imposed by international conventions and of comprehensive proposals for a transparent and sustainable management policy for UCH in Belgium; (3) offering guidance for the stakeholders from marine industry, government agencies, fisheries, and harbour authorities on how to implement the new methodology and management approach, and to increase the general awareness with regards to UCH. The 4-year SeArch project started in 2013 and involves partners from Ghent University, Flanders Heritage Agency, Deltares and Flanders Marine Institute. In this paper we discuss the main scientific challenges of the project and some first results.

Policies and Regulations in Belgium with Regard to Genetic Technology and Food Security: Country Report – Belgium

The Belgian regulations for GMOs are to a large extent dictated by the EU regulatory framework for GMOs. The implementation of the relevant European Directives concerning GMOs and the application of the related Regulations is a mixed competence between the regions and the Federal Government. The implementation of Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms, is a task for the federal authorities in as far as it deals with the “placing on the market of genetically modified organisms as or in products within the Community”. The regional authorities are involved as far as it deals also with “carrying out the deliberate release into the environment of genetically modified organisms for any other purposes than placing on the market”. Regional competencies are e.g. involved in the authorisation of field experiments, because there may be risks to their environment and biodiversity. The implementation of Directive 2009/41/EC on the contained use of genetically modified micro-organisms is mainly a competence of the regions, because the laboratories in which these activities take place are seen as so-called “classified installations” that require a regional environmental permit. The decisions made by different administrative bodies are based on a common scientific evaluation system comprising the Biosafety Advisory Council (BAC) and the Biosafety and Biotechnology Unit (SBB), based on the Cooperation Agreement of 25 April 1997 between the Federal State and the Regions on the administrative and scientific coordination concerning biosafety.

Book Review: Environmental Protection of International Watercourses under International Law by Owen McIntyre

Environmental Protection of International Watercourses under International Law, by Owen McIntyre. Hampshire, UK, Ashgate, 2007. ISBN: 978-0-7546-7055-1

Book Review: Implementing the Climate Regime by Olav Schram Stokke, Jon Hovi and Geir Ulfstein (Editors)

Implementing the Climate Regime, [edited] by Olav Schram Stokke, Jon Hovi and Geir Ulfstein. London, Earthscan, 2005. 240 pp. ISBN 1-84407-161-8

Book Review: Yearbook of International Environmental Law. Volume 13, 2002

Yearbook of International Environmental Law. Volume 13. 2002, edited by G. Ulfstein and J. Werksman. Oxford University Press, 2004. 951pp. ISBN 0-19-926415-4

Book Review: International Environmental Justice. A North-South Dimension

International Environmental Justice. A North-South Dimension, by Ruchi Anand. Ashgate, 2004. 149pp. ISBN 0-7546-3824-3