Marine spatial planning for Bangladesh: a critical analysis of the legal and institutional regimes

2019 ◽  
Vol 22 (2) ◽  
pp. 277-288
Author(s):  
Asraful Alam

The current arrangements for the management of the marine resources of Bangladesh are not adequate for sustainable management. Marine Spatial Planning (MSP) may be a tool to achieve sustainable management of marine resources. The Government of Bangladesh is planning for the development of MSP for sustainable management of the marine resources in the Bay of Bengal. However, a clear understanding of the current and required legal and institutional arrangements for the development of MSP in Bangladesh is essential for sustainable management of the marine resources. This article analyzes the current legal and institutional arrangements concerning the management of marine resources and explores potential inadequacies for the development of MSP for sustainable management. The article refers to the legal and institutional arrangements of other coastal states which have already developed MSP to find out the required arrangements for the development of MSP in Bangladesh.

2018 ◽  
Vol 5 (2) ◽  
pp. 67-74
Author(s):  
Md. Asraful Alam

The concept of Blue Economy has triggered the coastal states to explore their marine resources from their own maritime boundaries. Bangladesh has to be one step advance in the competition as its land based resources are very limited in comparison to its huge population. It must be very critical for Bangladesh if it does not have a well-planned policy adopted in considering both the economic and environmental aspects. MSP can only be the process for Bangladesh to go ahead for consumption of marine resources without jeopardy to marine environment. The existing national policies, plans and legislations for ocean governance are very scattered in nature which needs to be an integrated and uniform legal stand. The study analysis those legal loopholes and recommends for an effective MSP in the Bay of Bengal.


2014 ◽  
Vol 281 (1781) ◽  
pp. 20132252 ◽  
Author(s):  
Andrew Rassweiler ◽  
Christopher Costello ◽  
Ray Hilborn ◽  
David A. Siegel

Marine spatial planning (MSP), whereby areas of the ocean are zoned for different uses, has great potential to reduce or eliminate conflicts between competing management goals, but only if strategically applied. The recent literature overwhelmingly agrees that including stakeholders in these planning processes is critical to success; but, given the countless alternative ways even simple spatial regulations can be configured, how likely is it that a stakeholder-driven process will generate plans that deliver on the promise of MSP? Here, we use a spatially explicit, dynamic bioeconomic model to show that stakeholder-generated plans are doomed to fail in the absence of strong scientific guidance. While strategically placed spatial regulations can improve outcomes remarkably, the vast majority of possible plans fail to achieve this potential. Surprisingly, existing scientific rules of thumb do little to improve outcomes. Here, we develop an alternative approach in which models are used to identify efficient plans, which are then modified by stakeholders. Even if stakeholders alter these initial proposals considerably, results hugely outperform plans guided by scientific rules of thumb. Our results underscore the importance of spatially explicit dynamic models for the management of marine resources and illustrate how such models can be harmoniously integrated into a stakeholder-driven MSP process.


2021 ◽  
Vol 926 (1) ◽  
pp. 012006
Author(s):  
B Murtasidin ◽  
S Sujadmi

Abstract Amendments to Law no. 27 of 2007 became Law no. 1 of 2014 concerning the Management of Coastal Areas and Small Islands has an impact on the coastal and marine spatial planning process in every region, including Bangka Belitung. This planning process requires stakeholder collaboration to carry out broader cross-sectoral coordination. Apart from being composed of more than 80% of the water area, the struggle for access and conflicts over the use of marine space also take place in a vertical and horizontal level. The dilemma of authority between levels of government and law enforcement authorities, as well as between local governments, communities, and state corporations, is a form of hierarchical conflict. Conflicts between governments at the street bureaucracy (Village) level and their citizens, or friction between pro and contra groups against marine mining are examples of horizontal conflicts. The complexity of this problem has demanded the government to be presented in a more powerful and most decisive position in the management of the coastal and marine areas of Bangka Belitung so that it does not drag on. Therefore, the government needs to formulate comprehensive resource optimization options in the coastal and marine zones. This study aims to map how a collaborative approach in coastal and marine spatial planning through Regional Regulation (Perda) Number 3 of 2020 concerning the Zoning Plan for Coastal Areas and Small Islands of the Bangka Belitung Islands Province. At least 3 dominant actors are involved and collaborate, namely the government, fishermen, and investors.


2021 ◽  
Vol 9 (11) ◽  
pp. 1212
Author(s):  
Nikolay Plink ◽  
Vera Semeoshenkova ◽  
Tatyana Eremina ◽  
Alexandra Ershova ◽  
Ivan Mushket

The conservation and sustainable use of oceans, seas and marine resources has been declared by the United Nations as one of 17 priority Sustainable Development Goals. At present, most of the maritime states are striving to improve the efficiency of their use of marine resources, including sea space. In particular, the European Union is implementing a number of projects related to the implementation of marine spatial planning (MSP) tools. The Baltic Sea is considered as a pilot region, where a pan-Baltic coordinated MSP plan has been developed to provide for sustainable development and blue growth in the marine and coastal economy. The Russian Federation is one of the Baltic countries, but the MSP procedure at the state level does not have institutional and regulatory support, which requires the elimination of gaps and additional development of the maritime management system. The laws of the organization and development of the general theory of management are used in this study. An Integrated Management Model for sustainable marine and coastal use is proposed as a tool for ensuring blue growth, including four interrelated elements (specific management functions), namely “Integrated Coastal Zone Management”, “Marine Spatial Planning”, “Management of Marine Macroregion” and “Ocean Governance”. Their functional content and interaction mechanisms are discussed in order to implement an integral approach to marine use. The vertical structure of the proposed integral model includes three levels corresponding to the federal and regional levels of government and the level of municipal self-governance. The use of the integral model should help accelerate the process of introducing and using MSP instruments in the process of strategic planning in the socio-economic development of the Russian coastal territories.


2018 ◽  
Author(s):  
Natasa Vaidianu ◽  
Madalina Ristea

During the last decades, increasing demands on marine resources and unsustainable activities taking place in the marine area compromise the future use of the marine environment. In July 2014, the European Parliament and Council established a Guideline Framework for marine/maritime spatial planning (MSP). MSP is a useful and cost-effective tool for sustainable development, together with regulation and protection of the marine environment. Within this context, Romania has started to proceed and incorporate it in the national legislation framework; in 2017, it has also established a competent authority for its implementation so that marine spatial plans can be enacted by 31 March 2021. In this study, a first approach for MSP framework in Romania was developed, enabling the mapping of all current human activities related to shipping, oil and gas exploitation, fisheries, tourism and environmental status, in order to identify overlaps or potential conflicts among users. This paper identifies key challenges and concerns anticipated to emerge from incorporation of MSP in the national spatial planning framework as it is currently organized: a) Romanian stakeholders have a relatively poor understanding of European, national and regional sea planning regulations, b) concerns related to MSP implementation at regulatory level, c) huge need for sharing of MSP-relevant information for a coherent planning, d) challenges of assessing the needs of interconnected ecosystems (including relevant EU and international legislation). In this context, our study covers highly actual aspects concerning the way the marine spatial planning process evolves and will contribute to deliver a coherent approach to reduce conflicts of the Romanian marine environment, a proper MSP implementation, as well as minimizing the pressures and impacts on the marine resources.


2020 ◽  
Vol 19 (3) ◽  
pp. 269-284 ◽  
Author(s):  
Wesley Flannery ◽  
Ben McAteer

Abstract Marine spatial planning (MSP) is advanced by its champions as an impartial and rational process that can address complex management issues. We argue that MSP is not innately rational and that it problematises marine issues in specific ways, often reflecting hegemonic agendas. The illusion of impartial rationality in MSP is derived from governmentalities that appear progressive but serve elite interests. By understanding the creation of governmentalities, we can design more equitable planning processes. We conceptualise governmentalities as consisting of problematisations, rationalities and governance technologies, and assess England’s first marine plans to understand how specific governmentalities de-radicalise MSP. We find that progressive framings of MSP outcomes, such as enhanced well-being, are deployed by the government to garner early support for MSP. These elements, however, become regressively problematised in later planning phases, where they are framed by the government as being difficult to achieve and are pushed into future iterations of the process. Eviscerating progressive elements from the planning process clears the way for the government to focus on implementing a neoliberal form of MSP. Efforts to foster radical MSP must pay attention to the emergence of governmentalities, how they travel through time/space and be cognisant of where difference can be inserted into planning processes. Achieving progressive MSP will require the creation of a political frontier early in the process, which cannot be passed until pathways for progressive socio-environmental outcomes have been established; advocacy for disenfranchised groups; broadening MSP evaluations to account for unintended impacts; and the monitoring of progressive objectives.


Arena Hukum ◽  
2021 ◽  
Vol 14 (2) ◽  
pp. 293-313
Author(s):  
Agustina Merdekawati ◽  
Swissitya Ajari ◽  
Irkham Hasibuan ◽  
I Gusti Agung

The special status of Exclusive Economic Zone of Indonesia (EEZ) raises a problem particularly related to the submarine cable laying activities. This study aims to analyze the compatibility of the marine location permit instrument under Law No. 32/2014 on Marine Affairs and Government Regulation No. 32/2019 on National Marine Spatial Planning (MSP) with UNCLOS 1982 in regulating submarine cable in the EEZ. This normative research shows that the marine location permit instrument regulating submarine cable laying activity in EEZ is incompatible with the provisions of UNCLOS 1982. In contrast, the MSP instrument is compatible and a suitable instrument to protect Indonesia's interests in the EEZ. The Government of Indonesia is advised to regulate an exemption clause for submarine cable installation in EEZ in the Draft of Government Regulation on Marine Location Permit; formulate and formalize ‘prior notification’ procedures by other countries in submarine cable laying activities in EEZ into laws and regulations; and publish the Government Regulation on Marine Spatial Planning and its annexes through the channels of relevant international organizations such as International Cable Protection Committee (ICPC) and Intergovernmental Oceanographic Commission (IOC).


Author(s):  
M. H. M. Yatim ◽  
A. H. Omar ◽  
N. M. Abdullah ◽  
N. M. Hashim

Within few years before, the urge to implement the marine spatial planning is due to increasing numbers of marine activities that will lead into uncertainties of rights, restrictions and responsibilities of the maritime nations. Marine authorities in this situation that deal with national rights and legislations are the government institutions that engage with marine spatial information. There are several elements to be considered when dealing with the marine spatial planning; which is institutional sustainability governance. Providing the importance of marine spatial planning towards sustainable marine spatial governance, the focus should highlight the role marine institutions towards sustainable marine plan. The iterative process of marine spatial planning among marine institutions is important as the spatial information governance is scattered from reflected rights, restrictions and responsibilities of marine government institutions. Malaysia is one of the maritime nations that conjures the initial step towards establishing the sustainable marine spatial planning. In order to have sustainable institutions in marine spatial planning process, it involves four main stages; planning phase, plan evaluation phase, implementation phase and post implementation phase. Current situation has witnessed the unclear direction and role of marine government institutions to manage the marine spatial information. This review paper is focusing on the institutional sustainability upon interaction of marine government institutions in the marine spatial planning process based on Institutional Analysis Framework. The outcome of the integration of institutional sustainability and marine spatial planning process will propose a framework of marine institutional sustainable plan.


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