Marine and coastal governance

• the real challenge in the sustainable governance of the oceans is in designing an appropriate set of institutions that can deal with the complexities of both the ocean system itself and the humans involved
• governance 


  the more encompassing concept, focus on interrelations between actors, institutions guided by principles. (Constanza)

  • the range of social processes and practices involved in solving societal problems and creating societal opportunities through interactions among civil, public and private actors (Kooiman)
• management 


  day to day decisions managers make to solve problems and create opportunities for stakeholders
• economic evaluation of oceans


  validating the oceans in economic, ecological and social terms.

  economic value coastal wetlands: storm protection, water filtration, habitat provision
• ecosystem services 


  Fisheries -> generates revenue

  carbon sequestration

  recreational opportunities
• sustainable management 


  ensure long-term viability

  • adaptive management approaches
  • EBM
  • establishment of MPAs
• interconnectedness 


  Health of oceans <-> global material and energy cycles

  • role of oceans in carbon sequestration and heat absorption
• policy recommendations 


  to achieve sustainability

  • ecological tax reforms
  • the design if resources rights systems
  • promotion of institutional diversity
• Actors 


  individuals and/or collectives who have the ability to (re)shape the world around them.

  • action & reflection
  • day-to-day basis
  • consciously and unconsciously
• Institutions


  A set of rules or conventions - both formal & informal - that define a social practice, assign roles and guide interactions (young, 1994)

  • emerge, develop and keep functioning
  • become structural b creating order in actions of and interactions between people

  1. defines rights and responsibilities of nations in their use of the world’s oceans
  2. establishes guidelines for businesses, the environment and the management of marine natural resources
• State


  A political association that exercises authority through a set of permanent institutions ->

  organizations through which formalized collectives pursue distinctive goals

  • government (parliament, ministries, city councils)
  • police
  • military
  • schools
• tragedy of the commons 


  applicable on all shared resources which are not formally regulated =>overexploitation
• Hardins view on commons 


  need for the following things:

  1. common property: governed by a centralized government
  2. private property: rights are transferred to specific groups
• critique on Hardins view 


  always a form of social organization present

  • based on: kinship, reciprocity, goal-oriented relationship, task-oriented relationship

  people are only driven by self interest
• The story of UNCLOS

  part 1: mare clausum to mare liberum

  part 2: international agreements (UNCLOS 1)

  • nation states: 200-nautical miles

  part 3: never spoil a good crisis

  • 1972-1973: oil crises
  • leads to Exclusive Economic Zone (EEZ)
  • -12 nm territorial sea
  • 12-200nm: EEZ
  • 200 nm- : high seas
• Marine governance 


  The sharing of policy making competences in a system of negotiation between nested governmental institutions at several levels, on the one hand and state actors, market parties and civil society organizations on the other hand, in order to govern activities at sea and their consequences
• community based fisheries management (Ostrom):


  Local communities working together to manage fish stocks
• international agreements on resource management (Ostrom):

  highlighting the need for unanimous agreement among nations for effective global resource governance
• institutional diversity is as crucial as biological diversity for long-term survival
• challenges exist in managing large-scale resources that require international cooperation such as (Ostrom):

  • fresh water in international bassins
  • large marine ecosystems
• International Maritime Organization (IMO)

  Mission: to promote, safe, secure, environmentally sound, efficient and sustainable shipping through cooperation, this will be accomplished by adopting the highest practicable standards and effective implementation of IMOs structure.

  • membership level: type 1
  • jurisdiction level: type 2
  • durable: type 1
• IMO structure 


  assembly: approves programs & budgets

  council: executive organ

  five main committee:

  • maritime safety committee
  • marine environment protection committee (MEPC)
  • legal committee
  • technical committee
  • facilitation committee
• MEPC consists of…


  • flag states: where the ships are registered, flag under which they sail
  • port state: where ships load & unload
  • coastal state: state from which it passes through the water of.
  • industry: ship owners, cargo companies and ports
  • environmental NGO
• MARPOL (marine pollution)


  Convention that makes rules for the IMO members to follow

  1. oil (Baltic Sea coastal states harmonize monitoring oil spills and imposing fines to meet MARPOL)
  2. noxious liquid substances
  3. harmful substances in packaged form
  4. sewage
  5. garbage
  6. Air pollution
• Paris Memorandum of Understanding on port state control (PSC)


  • regional initiative (EU)
  • blame&shame; data is registered online to make it harder for ships to break rules and enter other ports
  • boats are controlled in ports according to their (port state) rules
  • Membership level: type 1
  • jurisdiction level: type 2
  • flexibility: type 2
• challenges IMO and PSC

  • Gap between agreement & real action
  • implementation capacity differs between countries
  • enforcement of behavioral rules (difficulty to develop effective legal mechanisms)
  • flags of convenience
  • growth in trade & shipping
• Territorial/centralized governance (Type 1)


  • General purpose authorities bundle responsibilities
  • Non-intersecting membership, based on territory
  • Durable: change is expensive & complicated
• New modes of governance (type 2) 


  • task, issues or policy specific jurisdiction
  • intersecting membership based on issue
  • impermanent - flexible
• Ringbom article 


  • Rules might be compromises leading to disappointment in stakeholders
  • standards developed through international maritime community generally widely accepted
• Multi-actor governance

  Horizontal shifts (networked system)

  • civil society, public institutions and market parties

  
• Multi-level governance 


  vertical shifts (nested system)

  • national, regional and local institutions

  
• Managing the commons 


  UNCLOS 3 gaves states the jurisdiction over EEZ

  -> fishing in EEZ; nation decides allocation

  • a lot is shared fish stocks which class for regional governing groups -> The United Nations Fish Stocks Agreement (UNFSA)
• The United Nations Fish Stock Agreement (UNFSA)


  agreements for the implementation of the law of the Sea relating to the conservation and management of straddling fish stocks and highly migratory fish stocks.

  • body for cooperation: Regional Fisheries Management Organizations (17 RFMOs)
  • framework to guide RFMOs institutional credibility, stability and legitimacy
• Regional Fisheries Management Organizations (RFMOs)

  International governing bodies with legitimate interest in the fisheries

  • grouped: coastal states (EEZ in RFMO area) and distant water fishing nations (DWFNs fishing outside their EEZ)
  • 30 member states, EU = member organization
  • members work towards consensus and or via voting system
  • each has a scientific committee
  • often sub-committees dedicated to specific assignments
  • 17 RFMOs:

  1. 8 general RFMOs (non species specific)
  2. 5 “Tuna” RFMOs (tuna& tuna like species)
  3. 3-5 specialized RFMOs (salmon, halibut, marine mammals)
• Indian Ocean Tuna Commission (IOTC)


  Established under first session UNCLOS/UNFSA

  evolved through the UN food&agriculture organization (FAO)

  • tried to implement allocation framework
• Barriers in IOTC


  institutional Barriers:

  • relationship between FAO & IOTC
  • time gap between reporting & decision making

  scientific Barrier:

  • collective “endeavor” to not exceed MSY for billfishes (historical catch distribution is hard, Sinan&Bailey)

  Political Barrier: (impact the effectiveness of resource allocation, S&B)

  • Taiwan vs china
  • conflicts & subsidies

  transparency: ensures accountability & effective governance

  sustainability: sustainable fisheries management, equitable resource utilization, food security and livelihood issues
• Institutional perspective on Co-management

  institutions are not designed to restrict egocentric behavior

  co-management is an alternative mode of organizing the commons

  “” consists of communicative and collaborative processes through which rules are constructed and formulated.

  ”” Both government & resource users; share responsibility and decision making power.
• Three waves of environmental concern

  First wave: nature conservation and preservation

  • aesthetic value of nature
  • policy focused on birds (Darwin)

  second wave: modern environmentalism

  • against modern institutions
  • policy focused on pollution (noise,air, water)
  • realization about connection to humans
• Three waves of environmental concern

  Third wave: sustainable development

  • global environmental problems, economy <-> environment
  • policy focused in international agreements (non-legally binding contracts)
  • three pillars: environmental concern, sustainable solutions, social equity
• Policy 


  A set of interrelated decisions concerning the selection of goals and the means of achieving them within a specific situation. Concerns often a range of decisions that guide actions and assist in future decision making. (Exp. Health policy, no smoking zone)

  • way to govern
  • UNLOS is policy because it defines the decisions being made
  • uses policy instruments