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

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.

Introduction

Near the Senkaku Islands, Chinese and Japanese vessels regularly engage in tense encounters about who has rights to control the nearby waters. Their standoffs represent just one of several points of friction that center on who controls the world’s oceans and what the rules are for their use. The oceans are often described as lawless or anarchic, but that characterization obscures as much as it explains. For centuries, there has been a rudimentary legal framework for the oceans: “freedom of the seas.” Yet freedom of the seas has come under strain in recent decades as governments have won more control of ocean space and as international regulation of the oceans has intensified. Constructing a stable basis for future ocean governance remains a significant international challenge.

The Oceans Become Global

Aspects of ocean governance have ancient roots, including early anti-piracy campaigns and basic rules for maritime commerce. Sovereign rulers periodically attempted to control ocean space but usually lacked the means to do so. As Spain and Portugal mastered the art of long-range seafaring in the 15th century, however, they attempted to divide the world’s oceans between them, an effort that still stands as one of the most ambitious attempts to divide up the oceans. During that period, Portugal tried to exclude outsiders from the Indian Ocean and asserted the right to control all shipping in the area. Portuguese claims prompted objections from other European powers and set the stage for the Dutch lawyer Hugo Grotius to articulate the doctrine of a “free sea,” based on what he saw as the inherent nature of the oceans. While it faced several rebuttals, Grotius’s conception of the oceans mostly prevailed.

Proximity politics in changing oceans

How will ocean governance actors and institutions handle a future where the abundance and spatial distribution of marine life changes rapidly and variably? The answer, this paper argues, will be influenced by inherited and changing ocean proximity politics, whereby institutions and actors use spatial proximity or adjacency to legitimize particular forms of resource control, conservation and use. Focusing on United Nations and Canadian institutional contexts and recognizing state and non-state actors as agents of policy change, the paper documents and examines why and how spatial proximity has been invoked (i) as a principle for claiming, defining and implementing use rights, privileges and responsibilities for not just nation-states but also for other entities such as coastal communities and small-scale fisheries; (ii) to justify and legitimize rights, privileges and responsibilities for their interest and benefit; and (iii) to inform and challenge global and local discussions about principles such as conservation, sustainability and distributive equity. The future practical use of spatial closeness/distance for guiding policies of access and exclusion under conditions of change will likely be influenced by challenges associated with applying multiple and conflicting governance principles, accommodating diverse interests and interpretations of principle definition and application, and multiple forms of biophysical and social mobilities. The conclusion highlights four areas of further research and policy engagement for the study of ocean proximity politics.

REGULATORY APPROACHES LEADING TO HOLISTIC IMPLEMENTATION IN A FISHING VESSEL FLEET LESS THAN 24 M IN LENGTH

Fishing is a very dangerous sea activity with a high rate of fatalities that is difficult to deal with by Maritime and Fisheries Administrations around the world. Meanwhile the Ocean Governance requires a global approach to sustainability and safety, with overarching principles governing both of them. This paper deals for the first time with the implementation of a complete methodology to assess the safety at sea, by means of a bottom-up goal based standards with safety level approach, encompassing the national regulations and using formal safety assessment as the driver in a fishing vessel fleet below 24 m in length (L). It is concluded that such methodologies are applicable, goal based regulations can be established, flexibility in the design can be provided and have the potential to be later extrapolated to holistic approaches.

Towards Integrated Management of Regional Marine Protected Area Networks

Marine protected areas (MPA s) are an important tool for protecting marine ecosystems both within and beyond national jurisdiction, but the integrated management of MPA s is challenging due to the institutional fragmentation that exists in international ocean governance at global and regional levels. In the absence of fundamental reform of international ocean governance, integrated management of MPA s can at present only be achieved through cross-sectoral cooperation and coordination between relevant international institutions. Understanding regime interaction in this context requires an analysis of both the relevant legal framework and the manner in which coordination mechanisms operate in practice. This article carries out a case study of regime interaction between the Antarctic Treaty and the Convention on the Conservation of Antarctic Marine Living Resources, as well as other relevant institutions, in order to identify the key opportunities and challenges for promoting the integrated management of regional MPA networks in practice. It will also consider how the cooperative arrangements for the regional management of the Southern Ocean may provide lessons for the development of a new legally binding instrument for the conservation and management of biodiversity in areas beyond national jurisdiction.