Lawrence Juda

Considerations in Developing a Functional Approach to the Governance of Large Marine Ecosystems

Interest in the management of the environment and its resources on an ecosystem basis has been increasing, in both terrestrial and marine contexts. In recent years, the concept of the large marine ecosystem has become a point of focus at the national and international levels as a possible unit for management of ocean and coastal areas. An ecosystem approach, however, challenges the manner in which marine resources and the environment that sustains them have been managed in the past. Governance is a key element in ecosystem management and encompasses the formal and informal arrangements, institutions, and mores that determine how resources and the environment are utilized. This study explores some of the problems, concepts, and principles involved in efforts to provide needed governance arrangements if large marine ecosystem-based management is to be implemented and made effective.

Governance Profiles and the Management of the Uses of Large Marine Ecosystems

Interest in the management of the environment and its resources on an ecosystem basis has been increasing in both terrestrial and marine contexts. The emergence of the concept of large marine ecosystems (LMEs) is one important example of this development. LMEs have been examined through five linked modules: (1) productivity of the ecosystem; (2) fish and fisheries; (3) pollution and ecosystem health; (4) socioeconomic conditions; and (5) governance. The first three focus on natural systems, while the last two concentrate on human interactions with those systems. To date the first three have received the greatest attention but as attention has turned to development and implementation of management strategies, greater consideration has being given to the human dimension of LMEs represented by the latter two modules. This article focuses on governance, a matter that is of fundamental importance because it shapes the pattern of human use of the natural environment. Efforts to promote ecosystem-based management occur within different governance frameworks; these frameworks and their associated dynamics must be understood in the same fashion that the structure and interplay of the elements of the natural ecosystem need to be comprehended. Just as natural science employs baseline studies to gauge change over time, this paper asserts the need for similar studies relevant to governance aspects of ecosystem use. After identifying and describing the roles of three major and generic governance institutions, we suggest the development in each LME of a governance profile that outlines and analyzes the existing governance framework. Moreover, we propose to consider governance change over time to assess whether such shifts represent movement in the direction of greater ecosystem focus.

3 – A Framework for Monitoring and Assessing Socioeconomics and Governance of Large Marine Ecosystems1

This chapter has described a framework for assessing and monitoring the salient socioeconomic and governance elements of LMEs. The assessment and monitoring framework consists of 12 steps that, if applied, are expected to produce the essential information required for adaptive ecosystem management. The ecosystem paradigm is emerging as the dominant approach to managing natural resources in the U.S., as well as internationally. The shift away from the management of individual resources to the broader perspective of ecosystems has not been confined to academia and think tanks where it first began; it also is beginning to take root in government policy and programs. Many have advocated a new, broader approach to managing the nations natural resources. The approach recognizes that plant and animal communities are interdependent and interact with their physical environment to form distinct ecological units called ecosystems. The approach also recognizes that many human actions and their consequences, including marine pollution, extend across jurisdictional boundaries. This chapter presents a methodology for determining what is known of the socioeconomic and governance aspects—the human dimensions—of LME management. The chapter describes a basic framework for identifying the salient socioeconomic and governance elements and processes of an LME. Methods for monitoring and assessing the various elements and processes are also discussed in the chapter. There is description on the human dimensions of LMES, monitoring and assessment, applications of the monitoring and assessment framework, property rights entitlements and regimes for LME management, the structure of property rights entitlements in an LME, property rights regimes and management of LME resources. Property rights paradigm could be the framework necessary to design LME resource management policies for long-term economic growth and resource sustainability. Property rights establish the incentives and time-horizons for resource use and investment.

Changing National Approaches to Ocean Governance: The United States, Canada, and Australia

During the second half of the twentieth century interest in the development of integrated ocean governance has continued to grow, within individual states and on the international level as well. In the United States the work of the Stratton Commission led to the creation of the National Oceanic and Atmospheric Administration (NOAA) and the passage of the Coastal Zone Management Act. These developments were but the start of what has become ongoing concern with establishing coherent and comprehensive approaches to the management of ocean and coastal space. Globally, interest in more systemic approaches to ocean management increased with the negotiations for the 1982 United Nations Law of the Sea Convention and was further sparked by the issues raised at the 1972 Stockholm Conference on the Human Environment and the 1992 United Nations Conference on Environment and Development held in Rio de Janeiro. Several states have recently undertaken new initiatives to further the development of integrated ocean policies that reflect recognition of the need for ecosystem-based management. The purpose of this contribution is to examine developments in three states, the United States, Canada, and Australia, that have given this subject substantial attention and to assess the efforts being made and the nature of the problems that are being encountered.

The European Union and Ocean Use Management: The Marine Strategy and the Maritime Policy

Problems resulting from contemporary patterns of ocean use and threats to the viability of the marine environment have led to reconsideration of ocean use governance in a number of states, including the United States, Australia, and Canada. For its part, the European Union has been working on the development of a Marine Strategy to safeguard the environment and a more encompassing Maritime Policy into which the Marine Strategy would be folded. The desired Maritime Policy would reflect a holistic perspective of ocean space, embody an ecosystem-based approach to ocean use management, and provide a broad framework for ocean/coastal management. As has been seen elsewhere, developing such a governance system is difficult both in terms of conceptualization and, subsequently, in operationalization. The June 2006 European Commission Green Paper on Maritime Policy sets the stage for a year of consultations designed to develop an effective governance system for ocean management. Institutional and policy changes will be needed and it will be necessary to balance the objectives of economic growth and protection of environmental sustainability. This article examines current developments in efforts to devise a coherent and integrated European Union approach to ocean management.

The 1995 United Nations agreement on straddling fish stocks and highly migratory fish stocks: A critique

Problems associated with the failure of the United Nations Convention on the Law of the Sea to address adequately the management of straddling stocks have become readily apparent in the period since that treatys adoption in 1982. The 1995 United Nations Agreement for the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks provides a significant attempt by the international community to deal with those problems. The new agreement incorporates the concept of precaution, strengthens the role of regional organizations in the management of straddling fish stocks, and encourages consideration of fisheries in a wider ecosystem context. While the provisions of the Straddling Stocks Agreement further develop and enhance the international law applicable to fishery management beyond that contained in the 1982 Law of the Sea Convention, a number of potential problems are posed as the process of implementation of the agreement is undertaken. This article examines the provisions of t...

THE PROSPECTS FOR COMPREHENSIVE OCEAN MANAGEMENT

The authors purpose is to consider existent challenges to ocean management, and to also analyze the longer-term prospects. He discusses how changing uses, perceptions and legal arrangements alter views on ocean management and what obstacles are hindering more effective management.

The European Union and the Marine Strategy Framework Directive: Continuing the Development of European Ocean Use Management

The European Union has been engaged in an effort to develop a marine strategy to protect the marine environment and a more encompassing integrated maritime policy that would provide a comprehensive system for the management of the uses of the marine areas of Europe. An earlier article by the author described the beginnings of this policy development; this article examines the subsequent 2008 Directive of the European Parliament and the Council, which establishes a framework for community action in the field of marine environmental policy. The Marine Strategy Framework Directive provides a plan of action with designated responsibilities and obligations and a schedule that is to be adhered to by member states and the European Commission. It represents a significant step in the European endeavor to advance ocean use management and sets the stage for future development of European marine policy.

Rio Plus Ten: The Evolution of International Marine Fisheries Governance

The 1992 United Nations Conference on Environment and Development (UNCED) held at Rio de Janeiro was a seminal event that addressed the interplay of economic development and human use of natural resources with the need for protection of the natural environment. The general principles embodied in the Rio Declaration and the provisions included in the comprehensive Agenda 21 expressed the expectations of the international community and set the stage for national and international policy and legal developments in a host of different areas, including the governance of the oceans living resources. Chapter 17 of Agenda 21 focused on the worlds oceans and seas and crystallized growing world community concern with problems such as unregulated fishing, fishing vessel reflagging, overcapitalization of the fishing industry, inadequate fisheries enforcement, and insufficient cooperation among states. Further, the documentation of UNCED evidenced interest in new governance frameworks and concepts such as ecosystem-based management and precaution. In retrospect, it is clear that the ideas discussed at Rio have been important and have been implemented by a variety of governments and international organizations as they exercise their responsibilities for fisheries management. This article examines the principles and approaches suggested by UNCED as they relate to world fisheries and considers how they have been reflected in global fishery agreements such as the FAO Compliance Agreement and the United Nations Fish Stocks Agreement, in the work of international fishery bodies such as the FAO Committee on Fisheries, and in the efforts of a number of regional fishery commissions. It also addresses the significance and ramifications of changes suggested by Agenda 21 for the future conduct and management of world marine fisheries.

The exclusive economic zone: Compatibility of national claims and the un convention on the law of the sea

Abstract The Exclusive Economic Zone (EEZ) is the newest juridical zone which has emerged from the recent evolution of the law of the sea. The EEZ represents the culmination of efforts to devise a transitional zone between the territorial sea, in which the coastal state has sovereignty subject to the right of innocent passage, and the high seas, an area whose use has been regarded traditionally as free for all. The creation of the EEZ, whose outline is embodied in Part V of the 1982 UN. Law of the Sea Convention, marks an important departure from the law of the sea regime codified in the four conventions drafted at the first U.N. Conference on the Law of the Sea in 1958. In this latter system the high seas began at the outer limit of the territorial sea; in the new law of the sea this is no longer the case as the EEZ has been interposed between the territorial sea and the high seas. While the general legal concept of the EEZ has gained increasing support, differences remain as to the balance of interests ...