scholarly journals The Salient Dynamics of Cross-Border Ocean Governance in a Regional Setting: An Evaluation of Ocean Governance Systems and Institutional Frameworks in the Guinea Current Large Marine Ecosystem

2022 ◽  
Vol 8 ◽  
Author(s):  
Ibukun J. Adewumi ◽  
Juan Luis Suárez de Vivero ◽  
Alejandro Iglesias-Campos
Keyword(s):  
Case Studies ◽  
Marine Ecosystem ◽  
Large Population ◽  
National Level ◽  
Law Of The Sea ◽  
Cross Border ◽  
Ocean Governance ◽  
Institutional Frameworks ◽  
Large Marine Ecosystem ◽  
The Law

This article contributes to a growing body of research on the Large Marine Ecosystems Concept. It particularly shines the light on the Guinea Current Large Marine Ecosystem (GCLME), a biodiverse maritime domain providing essential ecosystem services for the survival of a large population while at the same time under intense pressure from both anthropogenic and natural factors. With the need for coordination and cross-border ocean management and governance becoming imperative due to the magnitude of challenges and maritime domain, we examine the factors that underpin ocean governance and those key elements necessary for cross-border ocean governance cooperation in the region. The research draws on qualitative data collected from peer-reviewed literature and documents sourced from different official portals. Three countries in the region (Benin, Nigeria, and Cameroon) are selected as the descriptive and comparative case studies to examine: (i) the factors that drive ocean governance (including geographical features, maritime jurisdictions, political framework, maritime activities, and associated pressures), and (ii) key enabling factors for cross-border ocean governance and cooperation in the GCLME (including marine and coastal related policy and legal framework convergence from international to national including, and shared experiences, common issues and joint solutions). We show that the biophysical maritime features, the implementation of the United Nations Convention on the Law of the Sea (UNCLOS), otherwise known as the Law of the Sea (LOS), inherent political characteristics and the relics of colonization, and increasing ocean use and pressure on the ecosystem make ocean governance challenging in the region. Our analysis also reveals a varying level of convergence on international, regional and national legal, policy and institutional frameworks between the case studies on ocean-related aspects. Significant convergence is observed in maritime security, ocean research, and energy aspects, mostly from countries adopting international, regional and sub-regional frameworks. National level convergence is not well established as administrative and political arrangement differs from country to country in the region. These different levels of convergence help reveal procedural and operational shortcomings, strengths, weaknesses, and functional capability of countries within a cooperative ocean governance system in the region. However, experience from joint-implementation of projects, pre- and post-colonial relations between countries and the availability of transboundary organizations that have mainly emerged due to sectoral ocean challenges would play a crucial role in fostering cross-border ocean governance cooperation in the region.

scholarly journals The rising tide of fisheries instruments and the struggle to keep afloat

2005 ◽  
Vol 360 (1453) ◽  
pp. 77-94 ◽  
Author(s):  
Kevern L. Cochrane ◽  
David J. Doulman
Keyword(s):  
Fisheries Management ◽  
Biological Diversity ◽  
Marine Ecosystem ◽  
Law Of The Sea ◽  
Positive Contribution ◽  
Fish Stocks ◽  
Use Of Resources ◽  
Fishing Vessels ◽  
The Law ◽  
Conservation And Management

Since agreement was reached in 1982 on the UN Convention on the Law of the Sea, and particularly since the conclusion of the 1992 UN Conference on Environment and Development, the rate of development of global instruments impacting on fisheries has escalated considerably and is apparently continuing to do so. A flood of global and regional instruments relevant to fisheries has been generated, including, for example, the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora which pre–dates the UN Convention, the 1992 Convention on Biological Diversity, 1992 Agenda 21: Programme of Action for Sustainable Development, the 1993 FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, the 1995 UN Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, the 1995 FAO Code of Conduct for Responsible Fisheries and its four international plans of action and strategy, and the 2001 FAO Reykjavík Declaration on Responsible Fisheries in the Marine Ecosystem reflecting the growing international interest in ecosystem approaches to fisheries. Most recent has been the 2002 World Summit on Sustainable Development's Plan of Implementation. These instruments have been motivated by real problems associated with environmental degradation and living resource depletion, in several cases specifically in connection with fisheries. They have attempted to address these problems, and each instrument is recognized as being a positive contribution towards the sustainable use of resources and ecosystems. However, taken collectively they form a large, often confusing and potentially overwhelming set of recommendations and requirements that is putting many fishery management agencies under severe pressure as they seek to implement them. This paper provides a brief overview of the range of recent instruments and their implications for sustainable fisheries management, considers the progress being made in implementing them, identifies general problems being encountered and how they might be ameliorated in the future. A key problem is a lack of political will, or political ability, to address effectively the problems facing fisheries and marine ecosystems. One consequence of this is that the agencies charged with fisheries management are not provided with adequate technical and financial capacity to implement the instruments in most, if not all, countries. The problem is especially acute in developing countries where they are strained by the full effects of ‘instrument implementation fatigue’.

scholarly journals Polycentric Regional Ocean Governance Opportunity in the Benguela Current Convention

2021 ◽  
Vol 8 ◽  
Author(s):  
Ashley Naidoo ◽  
Hashali Hamukuaya ◽  
Mafaniso Hara ◽  
Yamkela Mngxe ◽  
Jesper Raakjær
Keyword(s):  
Marine Ecosystem ◽  
Governance Mechanism ◽  
Governance Mechanisms ◽  
Polycentric Governance ◽  
Fisheries Science ◽  
Marine Management ◽  
Ocean Governance ◽  
Governance Systems ◽  
Benguela Current ◽  
Large Marine Ecosystem

The Benguela Current Convention (BCC) has been operational for a decade and has emerged from the precursor natural and fisheries science large marine ecosystem programs. This regional ocean governance institution emerged indigenously as an intergovernmental working arrangement across the Republics of Angola, Namibia, and South Africa. The Convention has been described as a Centralized Authority mode of regional ocean governance. This paper explores this description with reference to the ecosystem-based approach to marine management. The study is focused on the level of working arrangements within the Convention and its Commission across the national and regional scales. It finds that the BCC does meet the theoretical criteria of a polycentric governance mechanism at the resolution of its operations. Polycentric ocean governance mechanisms are valued in regional ocean governance as they potentially offer greater impact through higher levels of coordination, codesign, and integration. Polycentric governance systems incorporate multiple centers of authority that operate at different scales. Existing instances and further opportunities for polycentric governance mechanisms within the working arrangements of the Convention are identified for the Southeast Atlantic.

Part III Human Health and Human Rights, 16 Ethics of International Maritime Law and Ocean Governance

2018 ◽  
Author(s):  
Pavliha Marko
Keyword(s):  
International Law ◽  
Law Of The Sea ◽  
Legal Ethics ◽  
Public International Law ◽  
Health And Human Rights ◽  
Maritime Law ◽  
Ocean Governance ◽  
Moral Standards ◽  
The Law

This chapter examines the role of ethics in international maritime law and ocean governance. It first considers the general ethical flavour of international law, giving a few examples of moral standards in the law of the sea and maritime law, before discussing a range of issues relating to ocean governance. It suggests that the phrase ‘international maritime law’ should be understood broadly as inspired by the International Maritime Organization’s International Maritime Law Institute (IMO IMLI), thus including the law of the sea as part of public international law and the maritime law, also known as shipping, admiralty or marine law. The chapter goes on to outline actions aimed at conserving and sustainably using the oceans, seas and marine resources for sustainable development. Finally, it offers recommendations on how to improve legal education with an obligatory course on legal ethics.

Part I Assessing the UN Institutional Structure for Global Ocean Governance: The UN’s Role in Global Ocean Governance, 5 The Role of International Tribunal for the Law of the Sea (ITLOS) in Global Ocean Governance

2018 ◽  
Author(s):  
Golitsyn Vladimir
Keyword(s):  
International Law ◽  
Global Ocean ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Progressive Development ◽  
Ocean Governance ◽  
United Nations Convention ◽  
The Law ◽  
Advisory Opinions

This chapter focuses on the role of the International Tribunal for the Law of the Sea (ITLOS) in global ocean governance. Established under the United Nations Convention on the Law of the Sea (UNCLOS), the jurisdiction of the ITLOS comprises all disputes and all applications concerning interpretation or application of the Convention and all matters specifically provided for in any other agreement which confers jurisdiction on the Tribunal. In the performance of its responsibilities, ITLOS has accumulated a body of jurisprudence which constitutes its contribution to the progressive development of international law of the sea and thus global ocean governance. The chapter discusses the most important examples of the ITLOS's contribution to the global ocean governance, such as dealing with contentious cases, requests for provisional measures, and prompt release cases as well as providing advisory opinions.

scholarly journals Does the International Community Have Efforts to Protect the Marine Environment from Seabed Mining?

2021 ◽  
Vol 5 (2) ◽  
pp. 273
Author(s):  
Idris Idris ◽  
Taufik Rachmat Nugraha
Keyword(s):  
Deep Sea ◽  
Marine Ecosystem ◽  
Future Generation ◽  
International Community ◽  
Law Of The Sea ◽  
The Future ◽  
Minimum Requirements ◽  
The Law ◽  
International Seabed Authority ◽  
The One

Through the United Nations, the international community is seriously paying attention to the use of seabed areas as regulated by the Law of the Sea Convention 1982, which states that the area and its resources are the common heritage of humankind.  The 1994 Agreement has implemented chapter XI. The resources are relating to the state's interests in terms of energy exploration and environmental impact aspects. An increasing need for global electronic products by many countries in which of the components are rare minerals. Various minerals such as manganese, polymetallic nodules, and polymetallic sulphur are lying down in the seabed. However, seabed also had an essential role in keeping the marine ecosystem balanced. On the one hand, the human's need for those minerals also cannot be denied. Draft of regulations by the International Seabed Authority to manage deep-sea mining are still insufficient to prevent irrevocable damage to the marine ecosystem and loss of essentials species for the next. On the other hand, the spirit of Sustainable Development Goals 14 concerns life underwater. This paper examines deep-sea mining science from a legal perspective to protect and preserve seabed for the future generation using normative approach describing norms and principles in the Law of the Sea Convention 1982. As a result, the commercialisation of deep-sea mining violates the principle of the convention. Thus, it needs to encourage ISA to enhance the minimum requirements for all contracting parties in the future.

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