Dissertations / Theses on the topic 'Oceans governance'
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Naidoo, Ashley Desmond. "Ocean governance in South Africa: Policy and implementation." University of the Western Cape, 2020. http://hdl.handle.net/11394/7355.
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Philosophiae Doctor - PhDOcean Governance in South Africa has gained momentum over the last decade with the publication of the Green and White Papers on the National Environmental Management of the Ocean in 2012 and 2014, and the promulgation of the Marine Spatial Planning Act in 2019. Parallel to this South Africa developed and implemented the Operation Phakisa Ocean Economy Development Programme and declared a network of twenty Marine Protected Areas. The timing of this study over the last five years allowed the opportunity to undertake a detailed study of the Ocean Governance Policy Development and Implementation as the formulation of the policy and its early implementation unfolded. The Study is primarily based on interpretation of the Green and White Papers as the primary and directed ocean governance policies produced by the Government of South African and the National Department of Environmental Affairs. It places these most recent specific ocean environmental policies in the context of the many other environmental policies that exits in the country.
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Warner, Robin Margaret Fraser. "Protecting the Diversity of the Depths: Strengthening the International Law Framework." Thesis, The University of Sydney, 2006. http://hdl.handle.net/2123/1304.
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It is only in recent decades that marine scientific research has begun to reveal the true physical characteristics and resource potential of the open ocean and deep seabed beyond national jurisdiction. A combination of factors such as the depletion of inshore fish stocks and an increase in global maritime trade has led to greater usage of the vast maritime area beyond the territorial sea and exclusive economic zone limits of the coastal states. Human activities in this area of the ocean, which covers approximately 50% of the world’s surface, have expanded to include bioprospecting, exploration for deep seabed minerals, more sophisticated marine scientific research and deep sea tourism. This rise in human activities beyond the offshore zones of coastal states poses actual and potential threats to the physical characteristics and biodiversity of the open ocean and deep sea environments. Arbitrary human intrusions into this largely unexplored marine domain have the potential to harm the intricate links between complex marine ecosystems and to erode components of marine biodiversity. This thesis examines the global and regional provisions which have been put in place to regulate the environmental impacts of human activities that occur beyond national jurisdiction. An analysis of these instruments and their implementation reveals that the current international law framework provides only minimal levels of protection for the marine environment beyond national jurisdiction. It explores several options based on the 1982 United Nations Convention on the Law of the Sea (LOSC) and the 1992 Convention on Biological Diversity (CBD) to establish a cohesive environmental protection system for the marine environment beyond national jurisdiction.
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Warner, Robin Margaret Fraser. "Protecting the Diversity of the Depths: Strengthening the International Law Framework." University of Sydney, 2006. http://hdl.handle.net/2123/1304.
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Doctor of Philosophy(PhD)It is only in recent decades that marine scientific research has begun to reveal the true physical characteristics and resource potential of the open ocean and deep seabed beyond national jurisdiction. A combination of factors such as the depletion of inshore fish stocks and an increase in global maritime trade has led to greater usage of the vast maritime area beyond the territorial sea and exclusive economic zone limits of the coastal states. Human activities in this area of the ocean, which covers approximately 50% of the world’s surface, have expanded to include bioprospecting, exploration for deep seabed minerals, more sophisticated marine scientific research and deep sea tourism. This rise in human activities beyond the offshore zones of coastal states poses actual and potential threats to the physical characteristics and biodiversity of the open ocean and deep sea environments. Arbitrary human intrusions into this largely unexplored marine domain have the potential to harm the intricate links between complex marine ecosystems and to erode components of marine biodiversity. This thesis examines the global and regional provisions which have been put in place to regulate the environmental impacts of human activities that occur beyond national jurisdiction. An analysis of these instruments and their implementation reveals that the current international law framework provides only minimal levels of protection for the marine environment beyond national jurisdiction. It explores several options based on the 1982 United Nations Convention on the Law of the Sea (LOSC) and the 1992 Convention on Biological Diversity (CBD) to establish a cohesive environmental protection system for the marine environment beyond national jurisdiction.
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Anand, Arvind. "Marine scientific research governance in the Arctic Ocean." Thesis, University of Ottawa (Canada), 2008. http://hdl.handle.net/10393/27664.
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The legal regime that has come to regulate the conduct of marine scientific research activities has evolved over time, from Admirality law to the Law of the Sea, environmental law, the laws relating to intellectual property rights over data, samples and results, and international trade laws dealing with the import, export and use of genetically modified macro and micro-organisms, compilation of data and trade secrets.
Arctic Ocean remains unique and vulnerable. The Arctic Climate Impact Assessment (ACIA, 2005) has documented substantial observational evidence that the sea ice cover is undergoing profound changes including: a steady decrease in extent with larger areas of open water during summer; decreasing coverage of multi-year sea ice in the Central Arctic Ocean; and, thinning of sea ice throughout the Arctic Ocean. These changes have implications for a host of marine uses such as shipping, offshore development, fishing indigenous hunting, tourism, including marine scientific research.
Marine scientific research cooperation in the Arctic Ocean is vital for our understanding of basic natural mechanisms. The 1982 United Nations Convention on the Law of the Sea (UNCLOS III) has created a consent regime for coastal states to manage, control, and promote marine scientific research in offshore areas within their national jurisdiction. Arctic states, as a party to the UNCLOS III (except USA), have promulgated laws and regulations on foreign-related marine scientific research conducted within their jurisdictional waters. This work focuses on the legal regime for marine scientific research in general and will explore the present legal governance of Arctic Ocean marine scientific research under the UNCLOS III in particular.
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Merrie, Andrew. "Global Ocean Futures : Governance of marine fisheries in the Anthropocene." Doctoral thesis, Stockholms universitet, Stockholm Resilience Centre, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-127618.
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This PhD thesis provides an analysis of how an adaptive governance approach can be applied to address existing and emerging challenges in global governance with a focus on marine, wild-capture fisheries. All the papers share a coupled social-ecological framing while providing diverse but complementary perspectives. Paper I provides a lens through which it is possible understand the types of interactions that link social and ecological components of fisheries systems at the global scale. The key result of this paper was the development of a marine social-ecological framework to guide future modelling and scenario analysis. Paper II describes the process of emergence and spread of new ideas in marine governance using Marine Spatial Planning as an illustrative case study. The study shows how governance innovations may contribute to resolving the mismatches between the scale of ecological processes and the scale of governance of ecosystems. A key finding of the paper is the identification and explanation of the mechanisms by which informal networks of actors are able to influence the emergence and spread of new governance forms from the local to the global scale. Paper III focuses on governance of ocean areas beyond national jurisdiction. The key finding from this paper is the urgent need for existing and emerging governance institutions to build capacity for responding to the challenges facing governance of marine fisheries. These challenges arise from unexpected shifts in markets, technology and society. Paper IV develops a set of four imaginative but plausible ‘radical’ futures for global fisheries drawing on trends compiled from a diverse evidence base. The four resulting narratives aim to act as lenses for engaging debate and deeper reflection on how non-linear changes in technology and society might radically shift the operating context and core assumptions of fisheries governance in the future. These papers make a novel contribution to Sustainability Science through their focus on 1) the conditions for, and mechanisms of emergence of diverse and divergent governance forms, 2) the role of agency in complex actor settings, 3) the need for governance institutions to not only deal with, but also be able to anticipate surprise, and 4) the development of scenarios of marine social-ecological futures using a creative and rigorous narrative approach.At the time of the doctoral defense, the following paper was unpublished and had a status as follows: Paper 4: Manuscript.
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Roos, Hanna. "Mot en effektiv regim: ett problem med Global Ocean Governance." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21768.
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Global Ocean Governance (GOG) är till för att styra och organisera aktörers nyttjande av havens resurser som inte täcks av nationell lagstiftning på ett hållbart sätt. Men efter årtionden av staters förbiseende av regimen för ett hållbart nyttjande som främst FNs Generalförsamling (UNGA) ämnat skapa, har regimen inte fungerat. Även om stater rationellt skulle gynnas av att samarbeta för ett hållbart nyttjande av havens resurser genom ett moratorium av bottentrålfiske i internationellt vatten, har detta inte skett. Det är alltså tydligt att regimen inte fungerar. Frågan är varför - det vill säga hur regimen brister i att säkerställa ett hållbart nyttjande av havens resurser. För att ta reda på hur regimen brister krävs en undersökning av regimens (in)effektivitet.Det finns ingen konsensus mellan regimteoretiker av vad som utgör en (in)effektiv regim och hur en regims effektivitet kan mätas. Denna studies huvudsakliga bidrag till den vetenskapliga forskningen är att bidra med information om vad som utgör en effektiv respektive ineffektiv regim. Denna studies syfte är inte att ta reda på denna fråga, men att genom analysen om hur regimen av ett moratorium av bottentrålfiske i internationellt vatten brister, bidra till den vetenskapliga forskningen utifrån teorikonsumtion.Genom Greenes (1996) kriterier för vad som utgör en (in)effektiv regim har jag undersökt hur regimen, dess skapande institutioner samt regimens omgivning, brister. Ett viktigt resultat av min analys är att UNGA brister på grund av sin försiktighet att styra staters beteende genom en global regim, det vill säga betoningen av dess resolutioner i frågan om ett moratorium mot bottentrålfiske i internationellt vatten är bristfälliga.The main task of Global Ocean Governance (GOG) is to govern and organize actor’s exploitation of the resources that the seas that are not covered by national jurisdiction provide, in a sustainable manner. But after decades of state’s ignorance towards theregime on a sustainable use of the resources of the seas that the United Nation’s General Assembly (UNGA) has been aiming to create, the regime has shown to be dysfunctional.Even if states would benefit rationally from cooperation for a sustainable use of the resources that the seas provide through a moratorium on bottom trawling of the high seas, such cooperation is not in place. It is clear that the regime is dysfunctional. The question is why – that is, in what way the regime is insufficient in providing a sustainable use of the resources of the high seas. In order to analyse why the regime is flawed, an evaluation of the regime’s (in)efficiency is required.There is no consensus among regime theorists of what makes an (in)effective regime and how a regime’s effectiveness can be measured. The main scientific contribution of this study is to contribute with information on what criteria makes an effective or an ineffective regime. The purpose of this study is not to examine this question per se, but to, through the analysis of how the regime on a moratorium of bottom trawling in the high seas is lacking, provide to the scientific regime discussion through theory consumption.Through Greene’s (1996) criteria on what makes a regime (in)effective, I have analysed how the regime, it’s creator’s, and the surroundings of the regime, fails. A key- finding of my analysis is that UNGA fails because of its caution to steer state’s behaviour through a regime, that is, the stress of its resolutions for a moratorium on bottom trawling in the high seas are lacking.
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Reid, Susan Claire. "Imagining Justice with the Ocean." Thesis, The University of Sydney, 2022. https://hdl.handle.net/2123/29888.
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This work is about the law of the sea as an ecological force. It is about how the law of the sea dominates human relations with the ocean – their beings, lifeways and fluid, phenomenological systems. Despite several decades of the international law of the sea operating its environmental protections, the ocean is in crisis. Law’s inability to effectively respond can be found in ontological foundations, within and outside of law, which normalise exploitation as the default human relation with the seas. From this perspective, the ocean’s ecological crisis is a cultural matter – about relations with the ocean.
The tension between considering human material needs alongside those of the ocean surfaces iteratively throughout this thesis. It worries the edges of possibility for a concept of justice that envisages ocean cohabitation. I argue for better ways of knowing and unknowing the seas to ethically imagine and respond to their livability needs. More imaginatively expansive tools are needed to navigate the ocean’s unknowable dimensions; and to know and unknow the ‘we’ that is brought into relation with the seas. By examining these issues and the conceptual tools for exploring them, this work reveals that matters of justice are soaked through with material relations. By dint of material embodiment and vulnerability, humans need to source materials from the ocean to live well. The inalienable relations of violence associated with such provisioning calls for re-imagined ethical relations with the worlds of our prey. This work then is also about being a reluctant predator and taking responsibility for the power and exceptionalism of this status.
As an interdisciplinary work of cultural theory, the thesis assembles feminist posthumanist and new materialist approaches, drawing on theorists including Stacy Alaimo, Lorraine Code, Jacques Derrida, Donna Haraway, Melody Jue, Astrida Neimanis, Val Plumwood, Maria Puig de la Bellacasa, Kathryn Yusoff; and the feminist legal theoretical work of Martha Fineman and Anna Grear. The work is transdisciplinary as well, through its empirical and heuristic engagement with international law, marine scientific research, and art practices. Drawing on this rich assembly of theoretical resources and thinking with the seas, I begin to shape the contours of an ecologically modelled, materially relational concept of ocean justice.
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Sammler, Katherine Genevieve, and Katherine Genevieve Sammler. "National Governance of Offshore Volumes: Challenging Geometries, Geopolitics and Geophysicalities." Diss., The University of Arizona, 2016. http://hdl.handle.net/10150/621449.
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This dissertation explores the challenges posed by the materialities of oceans and other extraterritorial spaces to state capture and capital development. Utilizing theories emerging political geographers surrounding vertical and volume components of territory and theoretical engagements with materiality of non-terrestrial spaces, this research seeks to investigate entanglements of the geopolitical and geophysical in constructing and practicing (re)interpretations of territory and sovereignty, power and space. A focus on New Zealand and the South Pacific serves to unravel these cross scalar, dynamic categories of national territory and sovereignty in relation to the emerging political and social constructions of the deep sea, sea level, and air space, as well as the blurred and shifting boundaries of each. Contextualizing historical and regional contingencies of the spatial organizations of maritime space, this dissertation seeks to open up new ocean imaginaries and ontologies by making explicit the material, technical and political constructions that produce offshore territories.
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Failler, Pierre. "From the management of marine resources to the governance of ocean and coastal zones in West Africa." Thesis, University of Portsmouth, 2012. https://researchportal.port.ac.uk/portal/en/theses/from-the-management-of-marine-resources-to-the-governance-of-ocean-and-coastal-zones-in-west-africa(975eb2d1-fa82-48e9-9911-ea1351e0e0d4).html.
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The overarching aim of the work presented here is to contribute to the development of a new interdisciplinary approach to fisheries economics for fisheries governance. it is geographically limited to West Africa but results can be used in other areas where small scale fisheries are active and governance rules are not fully implemented. The disciplinary orientations and conceptual frameworks applied in the research are institutional analysis and governance, as well as the assessment of key drivers of change. The new institutional economic theory provided a sound conceptual frame to analyse fisheries as it brings together economics (theory of the firm and social cost theory), law (convention, contracts, etc.) and sociology (sanctions, taboos, customs, traditions, and codes of conduct). Used on its own it provides a good framework for the analysis of the fish chain and relationships between stakeholders (wealth distribution and equity) and the whole governance of fisheries, coastal zones and oceans. Combined with neo-classical tools such as modelling of fishing activities, it provides a good analytical method to predict effects of management measures on fisher strategies. Furthermore, coupled with an ecological model such as ECOPATH or ECOSIM, its gives a holistic modelling tool (integrating ecology, economic and social dimensions) for the assessment of the full costs and benefits (private and public) of fishing practices and policy policies. The research suggests that the key drivers of change are often hidden and therefore not taken into account while designing management measures. Among shaping drivers, research in West Africa shows that international trade and its rules is shaping the orientation and the functioning of small scale fisheries. Fisher migration, which is directly linked to the trade driving effects, is currently one of the major drivers of change of West African fisheries and the most destabilizing factor. The main results, such as the identification of drivers of change (e.g. international trade, migration), and the integration of social, economic and ecological models are currently used by international institutions such as FAO, UNEP, UNDP and the Group of the ACP countries, regional organisations such as ATLFALCO (Ministerial conference of the African Atlantic countries), the Sub-regional Fishery Commission of seven West African countries and at national level by fishery ministries. The future of fisheries governance in West Africa is strongly linked to a better understanding of small scale fisher strategies and the way they react to fishery management. New research activities on co-management have to be developed in order to switch from a strong centralised fishery management process to a local one where fisher communities play a significant role. Aside from this, work has to be continued to implement the integrated approach into the fishery governance system in West Africa and in other world coastal countries.
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Kuznia, Aleksandra. "Between altruism and self-interest: Beyond EU’s normative power. An analysis of EU’s engagement in sustainable ocean governance." Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23742.
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With the majority of the oceans lying outside the borders of national jurisdiction, it is not easy to preserve them healthy and secure as the ‘shared responsibility’ is not recognized unambiguously in the global world. The recent turn to the maritime sphere is visible in the UN 2030 Agenda on Sustainable Development that has been widely advocated by the EU. The latter’s commitment to sustainable ocean governance involves action beyond borders, which has a considerable impact on the global maritime sphere as well as on developing countries depending on the seas. On the one hand, the EU’s pursuit of sustainable ocean governance is informed by the norms and values that the organization possesses and tries to promote in its response to global challenges. On the other, the normative principles and the EU’s flowery rhetoric serve as a mean to rationalize Union’s pursuit of self-interest. This study analyses both dimensions of the organization’s engagement in the maritime sphere, considering oceans as a ‘placeful’ environment that has to be treated in the same way as the land is. By exploring the external dimension of EU’s action in the field, the thesis allows to see that EU’s pursuit of sustainable ocean governance has to be understood as a process in which the strategic aims are imbued with genuine moral concerns. Nevertheless, those can sometimes be undermined by the material policy outcomes visible in the West African coastal states such as Mauritania and Senegal.
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Lafinhan, Dipo. "The changing governance of UK flood management policies 1998-2010 : a comparative analysis of local approaches in Scotland and England." Thesis, University of Nottingham, 2016. http://eprints.nottingham.ac.uk/33815/.
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The governments of Scotland and England have responded to the increase in flood risk by introducing legislation intended to manage present day flood risk and to avoid future flood risk. This thesis evaluates how the new policy regime has evolved and been implemented in Scotland and England, focusing particularly in Local Authorities, and using contrasts in rural and urban settings to reveal how the policy has had to be adapted to apply effectively in these different physical and administrative environments. Based on discourse theory and the institutionalisation features of policy networks, it is argued first that the new policy regime is subject to multiple interpretations and, second that policy change occurs as a result of the transformation of institutional practices of the multiple flood governance discourses by policy narratives in the policy process. The concept of the advocacy coalition framework is applied to reveal how contrasting local governance approaches result from continuous interactions between national policies and distinctive, local factors. These arguments are supported by the results of empirical research that examined policy change and local governance interpretation through textual analysis of relevant policy documents, interviews with key institutional stakeholders and participant observation of a local stakeholder meeting. Research findings reveal how the more pro-active local governance approaches serve as innovators in informing future national policies. This process stems from local interpretation of existing national policy through the mediating effects of distinctive local policy factors that result in the introduction of new policy ideas and actors. These ideas and the involvement of new actors are in turn transferred through revisions to national policies of flood risk governance. Consequently the policy mediating features of Local Authorities are manifest through first, the utility of policy narratives in driving national policy change and second, in shaping policies in local governance approaches.
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Meyer, Daniel. "TRANSITIONS AND RESILIENCE IN THE FROZEN COMMONS : LINKING AQUACULTURE, KRILL FISHERY, GOVERNANCE AND ECOSYSTEM CHANGE IN THE SCOTIA SEA, SOUTHERN OCEAN." Thesis, Stockholms universitet, Stockholm Resilience Centre, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-64512.
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The Antarctic krill (Euphausia superba) is a forage fish species that is increasing inimportance for Southern Ocean fisheries and world aquaculture production. However, thisspecies also has a fundamental role in the Scotia Sea food-web and is the main conservationtarget for the region’s natural resource management organization - the Commission for theConservation of Antarctic Marine Living Resources (CCAMLR). The aim of this thesis istherefore to examine the inter-relationship between CCAMLR, krill fishery and the Scotia Seaecosystem in the Southern Ocean, as well as broader socio-economical and ecological settingssince 1970s and measure system resilience. The premise here is that the current krill-regime inthe Scotia Sea must be understood as a complex adaptive system (CAS) of social, ecologicaland economical attributes that operates over different temporal and spatial scales. Thus, byapplying the framework of a social-ecological system (SES), together with the adaptive cycleheuristic model, both quantitative and qualitative data is revised and integrated. Two alternatemanagement states are identified within the krill-regime; an early krill fishery state (1972 –1991), and an ecosystem based governance state (1991 - 2010). Resilience is however fadingin the Scotia Sea due to a combination of cross-scale attributes, in a range from low krilldensity (n/m¯²), increased competition for marine resources between predators and krillfishery, to elevated demand and global market prices of non-food commodities by theaquaculture sector in Asia, thus, moving the Scotia Sea towards an unknown fish-regime.Although such future regime is still retained by the region’s slow changing physical variablessuch as sea ice and seasonality, as well as the adaptive management capacity of CCAMLR,the sudden appearance of an undesirable regime in the Scotia Sea would probably havecomprehensive socio-ecological consequences if reached.
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Gunasekara, Sandya Nishanthi. "Governance of the bay of Bengal large marine ecosystem through ecosystem-based fisheries management." Thesis, Queensland University of Technology, 2021. https://eprints.qut.edu.au/213832/1/Sandya%20Nishanthi_Gunasekara_Thesis.pdf.
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This thesis assessed the current prospect for implementing an ecosystem-based management for fisheries (EBFM) in the Bay of Bengal Large Marine Ecosystem from national and regional level perspectives. A central result of the study is that the governance concept had been defined and used imprecisely in the literature. The way the different elements constitute EBFM revealed that both Bay of Bengal LME countries and existing regional fisheries organisations are unlikely to satisfy all the elements on the EBM checklist. The study also observes that the Bay of Bengal countries do not share a common understanding of EBFM.
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Eriksson, Hampus. "Managing sea cucumber fisheries and aquaculture : Studies of social-ecological systems in the Western Indian Ocean." Doctoral thesis, Stockholms universitet, Systemekologiska institutionen, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-75515.
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Collecting sea cucumbers to supply the high value Chinese dried seafood market is a livelihood activity available to many people in the Western Indian Ocean (WIO), making it an important part of local economies. These fisheries are generally not successfully managed and tropical sea cucumber fisheries show continuing signs of decline. This thesis takes a social-ecological systems approach to guide better management of sea cucumber fisheries and aquaculture in the WIO. Papers 1 and 2 analyse the fishery situation in Zanzibar and find that in the absence of effective management institutions and income alternatives among fishers, leading to dependence, there are unsustainable expanding processes. Paper 3 compares the unmanaged fishery in Zanzibar to the highly controlled situation in Mayotte. In Mayotte, a protection effect is evident and the commercial value of stocks is significantly higher than in Zanzibar. The analysis of the situation in Mayotte demonstrates the importance of matching the fishery – management temporal scales through prepared and adaptive management to avoid processes that reinforce unsustainable expansion. Paper 4 analyses sea cucumber community spatial distribution patterns at a coastal seascape-scale in Mayotte establishing baseline patterns of habitat utilization and abundance, which can be used as reference in management. Paper 5 reviews the potential for sea cucumber aquaculture in the WIO. The review illustrates that this activity, which is currently gaining momentum, does so based on inflated promises and with significant social-ecological risks. Emphasis for improvements is, in this thesis, placed on the importance of prepared and adaptive institutions to govern and control expanding processes of the fishery. These institutional features may be achieved by increasing the level of knowledge and participation in governance and by integration of sea cucumber resources management into higher-level policy initiatives.At the time of the doctoral defense, the following paper was unpublished and had a status as follows: Paper 3: Manuscript.
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Bohman, Brita. "Transboundary Law for Social-Ecological Resilience? : A Study on Eutrophication in the Baltic Sea Area." Doctoral thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-137829.
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This dissertation evaluates the role and effectiveness of law in the transboundary environmental governance of the Baltic Sea with regard to eutrophication. To this end, it reviews the applicable international agreements with their related instruments, as well as the EU legal frameworks, for the protection of the Baltic Sea environment on the basis of theories on resilience in social-ecological systems. The scientific discourse on resilience in social-ecological systems provides theories on effective governance of complex environmental problems with nonlinear causal connections. The governance features identified in resilience governance also show significant similarities with characteristic features of the concept of ecosystem approach. The resilience features can thus provide guidance to the operationalization of this concept, which lacks a distinct meaning in the legal context. Eutrophication is one of the main environmental problems in the Baltic Sea. Despite the fact that this problem has been acknowledged since the 1970s, only little progress has been visible in the attempts to limit the problem. Environmental governance in the form of cooperation and common action has, however, been established by the coastal states of the Baltic Sea to reduce the discharges to their common resource. This was originally coordinated through the Helsinki Convention and its administrative organization HELCOM in the 1970s. Since the year 2000 a new set of legal instruments and approaches have developed, emphasizing also the ecosystem approach. These instruments have a basis both in HELCOM and in EU environmental law, most significantly represented by the Water Framework Directive and the Marine Strategy Framework Directive. They establish a unique regulatory structure, with new approaches to regulation, which also give rise to questions regarding interpretation and effectiveness that have not previously been analyzed. It is concluded that applicable law in the Baltic Sea area reflects resilience features such as adaptability, flexibility and redundancy within the legal structure. The legal structure for the Baltic Sea is dynamic and stretches over many levels of governance. The applicable legal instruments are constructed so as to be adaptable and flexible. The legal instruments moreover include significant elements that provide for participation at different levels and in different forms, which contribute to enabling the mentioned resilience features. However, the Baltic Sea legal structure – as law in general – has different core functions than just providing for effective environmental governance. Law is based in a number of general principles connected to the rule of law and the function of law as a foundation for stability in the society and in human interactions. These principles are also important since they are directly linked to enforcement, monitoring and control. While the legal structure in the Baltic Sea may provide for effective governance and social-ecological resilience, the resilience features reflected in law do not always appear as far-reaching as suggested by resilience theories, much due to the legal principles. It is however because of these principles and the base for binding requirements they enable, that law can push for governance measures and features that might not have been accomplished otherwise. This, in the larger perspective, includes creating requirements that steer human activities away from critical thresholds.Baltic Ecosystem Adaptive Management, BEAM
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Smolinska, Anna Maria. "Les interactions entre régionalisme et universalisme dans le droit de la mer contemporain." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30082.
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L’évolution du droit international contemporain conduit souvent à poser la question de sa fragmentation. L’existence, dans le droit de la mer, d’une double approche, universelle et régionale, contribue à alimenter ce débat.La présente recherche s’intéresse aux relations, en termes d’interactions, que l’universalisme et le régionalisme entretiennent dans le droit de la mer. Elle tente plus précisément d’en comprendre les mécanismes et les enjeux.Dans un premier temps, l’étude est consacrée à l’analyse des interactions normatives et institutionnelles. Il est observé que le dédoublement de l’ordre des mers est plus apparent que réel, universalisme et régionalisme étant engagés dans des relations montrant leur entrelacement.Dans une seconde phase, l’analyse se tourne vers l’impact de ces interactions, non seulement sur les approches universelle et régionale, mais également sur l’ordre des mers. Il apparaît, en effet, que les relations entre ces deux dynamiques influencent décisivement la gouvernance des espaces marins dans leur ensemble. C’est ce dont rendent compte tant la création que l’application effective des règles chargées d'assurer cette gouvernance internationaleThe evolution of contemporary international law often leads to the question of its fragmentation. The presence, in the Law of the Sea, of both a universal and a regional approach contributes towards nourishing this debate.The present research focuses on the relationships, in terms of interaction, between universalism and regionalism within the Law of the Sea. It attempts especially to understand the mechanisms of these interactions and their stakes.At first, the study is devoted to the analysis of normative and institutional interactions. One can observes that the cleavage of the legal order of the seas is more apparent than real, since universalism and regionalism are engaged in relationships showing their intertwining nature.Secondly, the study is turned towards the impact of these interactions, not only on the universal and regional approaches, but also on the legal order of the Sea. Indeed, it appears that the relations between these two components of the Law of the Sea, influence in a decisive way the governance of the oceans as a whole. This influence can be seen in the creation as well as in the effective application of the rules of this international governance
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Andriamihamina, Felana. "La gouvernance dans l’océan Indien à travers la lutte anti-vectorielle." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1107.
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La gouvernance se définit comme étant une organisation sociale élaborée par la société elle-même. Autrement dit, cette notion suppose la reconnaissance de la suprématie de la volonté des membres de chaque société qui peut être civile, commerciale, ou politique qui évolue selon l’intérêt général de chaque société. Elle se présente sous différentes formes, entres autres, la démocratie, la décentralisation ou la centralisation, la solidarité internationale ou nationale, l’État de droit. Cependant, parmi les pays membres de la Commission de l’océan Indien, notamment La France (Réunion et Mayotte), Madagascar, Comores, île Maurice, les ex-colonies anglophones ou francophones ont reconnu juridiquement des organisations sociales héritées de génération en génération comme les traditions (les us et coutumes, les lois divines), et les droits coloniaux. En se basant sur la lutte anti vectorielle, une des mesures de la police administrative, qui est un concept nouveau issu du progrès de la médecine. Le droit comparé des États membres de la Commission de l’océan Indien régissant cette filière, nous permet à élucider si la défaillance de certains États dans ce domaine est-elle liée au conflit entre les traditions et les droits modernes, apports des ex colons ?Governance is defined as a social organization established by itself society. In other words, the concept means recognition of the willingness supremacy each society member, may be civil, commercial, policy, change according to the general interest. The different forms of governance are democracy, centralization and decentralization, international or national solidarity. However, the member of the Committee on the Indian Ocean State, especially, France, Madagascar, Comoros, Mauritius, the former French or English colonies recognized legally the social organization inherited from generation to generation as traditions (customs, divine laws), colonial rights. Based on the vector control, one of the administrative police measures, which is a new concept from the advances in medicine science. The comparative law of the member of the Committee on the Indian Ocean State help to elucidate if did the failure of some States relate to the conflict between tradition and modern law?
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Beník, Miroslav. "Charter Cities - ostrovy prosperity s importovaným právnym systémom?" Master's thesis, Vysoká škola ekonomická v Praze, 2013. http://www.nusl.cz/ntk/nusl-199222.
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If we consider various improving concepts of governance, we can distinguish two main trends in public choice economics. Neoclassical analysis provides a static view of competitive government, where the main idea is free choice and so-called vote with feet. Dynamic view adds understanding of competition as knowledge generating process and product differentiation. The aim of the work is to evaluate Charter Cities project from the perspective of static and dynamic competition in the government industry, and its potential for rules diffusion to the host country. Seasteading may seem utopian, but the realization would significantly address the problems of decision-making costs and differentiation of governments. Since concepts vary at first sight, purpose of the work is also to compare charter cities and sea cities in terms of their nature, risks, and final applicability in practice. Third, a closer form of activism is the decentralization of government and the transfer of responsibilities to the private communities. Since the government market is 30% of world GDP and is extremely closed and resistant to change, it must compare the three forms of institutional changes, identify under what conditions and in what timeframe are feasible and to determine their significance with regard to their specific nature.
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Hoffer, Olivier. "Quand le littoral se ferme. Quelle gouvernance de l'accès et des usages de l'interface littorale dans les agglomérations d'Auckland, Nouméa et Port-Vila ?" Thesis, La Réunion, 2013. http://www.theses.fr/2013LARE0026.
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Auckland, Nouméa et Port-Vila connaissent un développement urbain très soutenu depuis au moins deux décennies, ce qui pourrait favoriser une privatisation progressive du littoral. La fermeture du rivage, résultant de la logique de marché, remettrait en cause des pratiques variées (de la pêche de subsistance à la promenade contemplative), fortement ancrées dans les mentalités. Une telle situation serait paradoxale pour ces trois agglomérations marquées par l'omniprésence de la mer. Elle menacerait également la durabilité de cités encore jeunes et en recherche d'identité et d'urbanité. Ce travail de recherche propose une grille d'évaluation de l'accès au littoral en milieu urbain, et interroge la mise en place d'une gouvernance basée sur un « droit au littoral ». Quels sont, dans chaque agglomération, les mécanismes d'ouverture et de fermeture de l'interface littorale ? Quels modes de régulation sont mis en place d'Auckland à Port-Vila pour garantir l'accès au bord de mer pour le plus grand nombre ? L'hypothèse que la puissance publique est déterminante pour garantir l'ouverture de l'interface littorale se vérifie-t-elle ? L'accès au littoral peut-il être régulé par d'autres acteurs que la puissance publique ? La démarche synchronique mis en œuvre dans cette thèse permet plus largement une réflexion sur les interactions entre l'urbanisation et l'interface littoraleFor at least two decades now, Auckland, Nouméa and Port-Vila have been experiencing a very strong urban development, that could involve the gradual privatization of the shore. The closure of the coast, due to the market strategies, could in these three cities jeopardize practises as widespread as subsistence fishing or simply walking by the sea. This would be a paradox in three cities surrounded by the sea. It would threaten the sustainability of those recent cities in search of identity and urbanity. This research aims at providing an evaluation grid of access to the coastal interface in urban areas, and interrogates for the creation of a governance based on a « right to the shore ». In each agglomeration, what mechanisms lead to the closure of the seafront? What are the measures developed to ensure public access to the coastline, and what are their spatial consequences? Is the public authority crucial to allow access to the shore? Furthermore, it will enable a comparison between three coastal management ways, and broadly a reflexion concerning urban and coast interaction
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Danna, Charlotte. "Le principe de solidarité écologique." Thesis, Lyon, 2018. http://www.theses.fr/2018LYSE2070.
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Adopté par l’article 2 de la loi n°2016-1087 de reconquête de la biodiversité, de la nature et des paysages du 8 aout 2016, le principe de solidarité écologique appelle « à prendre en compte, dans toute prise de décision publique ayant une incidence notable sur l’environnement des territoires concernés, les interactions des écosystèmes, des êtres vivants et des milieux naturels ou aménagés ». Ce principe général du droit de l’environnement inscrit à l’article L110-1 du code de l’environnement est destiné à conserver les interactions écosystémiques et les processus écologiques ainsi qu’à améliorer la gestion environnementale des territoires. La dualité de son objet en fait un principe d’une grande richesse, qui devrait concerner de nombreuses décisions. Divers fondements supranationaux, au sein de la jurisprudence et dans les textes internationaux et européens peuvent ainsi lui être attribués. Dans un contexte d’interdépendance écologique, l’évolution de la dimension internationale et européenne du principe reste essentielle pour juger de ses effets au regard de la conservation de la biodiversité. Au niveau du droit interne, son ancrage au cœur de l’équilibre de l’environnement lui apporte un rayonnement particulier. Il conforte le droit à un environnement équilibré et prolonge les principes constitutionnels de prévention et de développement durable. Face à la crise d’extinction mondiale de la biodiversité menaçant notre survie, le principe de solidarité écologique se présente comme cette ultime chance de la conserver. Deux grands ensembles de dispositifs permettent de mesurer la dynamique du principe de solidarité écologique : la trame verte et bleue et la gestion intégrée de la mer et du littoral. Ils constituent une base pour concevoir la solidarité écologique et représentent ainsi le commencement d’un droit nouveau. Le principe de solidarité écologique appelle à les renforcer et, de manière plus générale, à faire évoluer l’ensemble des décisions concernées par le principeAdopted by article 2 from act nr 2016-1087 concerning the reconquest of biodiversity, nature and landscape of August 8th 2016, the principle of ecological solidarity calls “for taking into consideration the interactions of ecosystems, living creatures and natural or developed environments in all public decisions having a notable impact on the environment of the territories concerned”.This general principle of environmental law inscribed in article L110 1 of the environmental code is designed to preserve the interactions of ecosystems and ecological processes as well as to improve the environmental management of the territories. The duality of its objective renders it a highly valuable principle which should be applied to numerous decisions. Various supranational foundations, within jurisprudence and in international and European laws, can thus be assigned to it. In the context of ecological interdependence the evolution of the international and European dimension of the principle remains essential in order to see the benefits concerning the safeguarding of biodiversity. It is greatly enhanced, as regards internal law, by the fact that it is at the very center of the environment's equilibrium. It justifies the right to a balanced environment and extends the constitutional principles of prevention and sustainable development. Confronted with the crisis of world-wide biodiversity extinction that threatens our survival, the principle of ecological solidarity emerges as the last chance to preserve it. Two major groups of systems allow us to measure the dynamics of the principle of ecological solidarity: the green and the blue line belt network and the Ocean and coastline Governance Framework. They constitute a basis on which to develop ecological solidarity and represent the beginnings of new legislation. The principle of ecological solidarity requires them to be reinforced and more generally to advance all decisions concerned by the principle
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Bigney, Wilner Kathleen. "The Difference a Discourse Makes: Fisheries and Oceans Policy and Coastal Communities in the Canadian Maritime Provinces." 2013. http://hdl.handle.net/10222/36321.
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A new approach to oceans and coastal governance – influenced by ecosystem-based management and resilience thinking, by spatial approaches to management and by decentralized or participatory governance – a policy of integrated management was defined in the years following the Oceans Act (1986). The motivation for this study arose from the resistance of project partners in the Coastal CURA (a five-year, SSHRC-funded, multi-partner research project designed to support coastal community engagement in resource governance) to the thinking and practice of government-supported “integrated management”. In response, I developed a conceptual framework for examining integrated management from a critical, community-based perspective, drawing on political ecology, geography and policy studies. I apply this framework to a study of policy discourses in the Canadian Maritime Provinces to examine: i) their role in framing what options, participants, and knowledges are included in fisheries and coastal policy, regulation and institutions; ii) how power relationships are enacted and how access to resources are altered through integrated management approaches to coastal resource governance; iii) community resistance through alternative discourses and models.
Within this study, I use governmentality and critical policy analysis as tools for analyzing the retreat of the state on the one hand (through decentralized and participatory governance), and the application of new technologies of governance on the other, and for examining the effects these movements have on coastal citizens. By naturalising the state as the appropriate scale and competent party for managing coastal problems, coastal communities are framed out of governing the commons. However, this study demonstrates how counter-discourses can re-imagine communities, and their practices and knowledges, in a discursive policy struggle. This thesis situates these puzzles in three case studies, one of regional policy discourses and two community case studies in Nova Scotia’s Annapolis Basin and Passamaquoddy Bay, New Brunswick.
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Campos, Aldino Manuel dos Santos de. "Governança dos Oceanos – O Desafio Global para o Século XXI." Doctoral thesis, 2021. http://hdl.handle.net/10362/134776.
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O Oceano Global é a pedra angular do sistema de suporte de vida do nosso planeta. Ele engloba um dos quatro Bens Comuns Globais (Oceanos, Atmosfera, Antártica e Espaço Sideral) e representa o somatório de todos os mares e oceanos que estão interligados à escala mundial. Apesar de ser uma peça única do sistema, ele é constituído por múltiplos e complexos componentes, regulados de forma autónoma, mas que interagem entre si. A governança dos Oceanos é um tema que, não sendo novo, está ainda longe de gerar consensos na forma como é conceptualizada e implementada. Apesar da existência da Convenção das Nações Unidas sobre o Direito do Mar (CNUDM), reconhecida por uma grande parte dos Estados como “a Constituição para os Oceanos”, a determinação da configuração espacial do Oceano e a regulamentação dos seus componentes, constituem ainda objetivos não conseguidos de forma global, originando lacunas em termos de cobertura espacial deste elemento único – o Oceano Global. Face à complexidade do tema e à interdependência dos regimes das áreas marítimas consignadas pela Convenção, pretende-se com este projeto de investigação avaliar o atual modelo de governança à escala global, como exercício dependente do Sistema Internacional e do Regime dos Oceanos vigentes, propondo algumas vias para o seu reforço. Estas vias deverão alicerçar-se nos princípios da Convenção e terão em consideração os grandes desafios emergentes, nomeadamente, os novos limites de soberania, as alterações climáticas, bem como o controlo e interdependência dos recursos marinhos.The Global Ocean is the cornerstone of our planet's life support system. It encompasses one of four Global Commons (Oceans, Atmosphere, Antarctica, and Sidereal Space) and represents the sum of all seas and oceans that are interconnected on a global scale. Although it is a unique piece of the system, it consists of multiple and complex components, regulated autonomously but interacting with each other. Oceans governance is a topic that, while not new, is still far from generating consensus in the way it is conceptualized and implemented. Although the United Nations Convention on the Law of the Sea, recognized by a large number of States as "the Constitution for the Oceans", determines its spatial configuration and regulates these components of the Ocean, this objective is not achieved globally, resulting in gaps in terms of spatial coverage of the single element - the Global Ocean. Considering the theme´s complexity and the interdependence of the maritime areas regimes pursuant the Convention, this research project intends to evaluate the current governance model on a global scale, as an exercise dependent on the International System and the Current Ocean System, proposing some ways to strengthen it. These pathways should be based on the principles of the Convention and will take into account the major emerging challenges, including new limits on sovereignty, climate change, as well as the control and interdependence of marine resources.
L’océan Global est la pierre angulaire du système de soutien de la vie de notre planète. Il englobe l’un des quatre biens communs mondiaux (les océans, l’atmosphère, l’Antarctique et l’espace extra-terrestre) et représente la somme de toutes les mers et océans qui sont interconnectés dans le monde entier. Bien qu’il s’agît d’une partie unique du système, il se compose des éléments multiples et complexes, réglementés de façon autonome mais interagissant les uns avec les autres. La gouvernance océanique est un thème qui, n’étant pas nouveau, est encore loin de générer un consensus sur la façon dont elle est conceptualisée et mise en œuvre. Malgré l’existence de la Convention des Nations Unies sur le droit de la mer, reconnue par une grande partie des États comme « la Constitution pour les océans », la détermination de la configuration spatiale de l’océan et la réglementation de ses composantes sont toujours des objectifs qui ne sont pas atteints à l’échelle mondiale, ce qui entraîne des lacunes en termes de couverture spatiale de cet élément unique – l’océan mondial. Compte tenu de la complexité du thème et de l’interdépendance des régimes des zones maritimes contenues par la Convention, ce projet de recherche vise à évaluer le modèle de gouvernance actuel à l’échelle mondiale, en tant qu’exercice dépendant du système international et du système océanique actuel, en proposant quelques moyens de le renforcer. Ces moyens devraient être basés sur les principes de la Convention et prendront en compte les grands défis émergents, à savoir les nouvelles limites de la souveraineté, le changement climatique, ainsi que le contrôle et l'interdépendance des ressources marines.
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Paramio, Luz. "Governança oceânica : bases estratégicas para o desenvolvimento do "Mar dos Açores"." Doctoral thesis, 2012. http://hdl.handle.net/10400.3/1345.
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Tese de Doutoramento em Geografia (Planeamento e Ordenamento do Território).O tema do presente estudo consiste na definição de um quadro estratégico para a Região Autónoma dos Açores numa perspectiva de governança oceânica. A linha condutora da pesquisa salienta a importância do oceano para o desenvolvimento do território e reforça o papel do oceano nas estratégias de desenvolvimento sustentável. O caso de estudo do Arquipélago dos Açores foca as diferentes dimensões que o oceano assume, enquanto território, espaço e recurso. A evolução da visão do oceano é suportada pela aplicação de diferentes conceitos e ferramentas, tais como, princípios de Desenvolvimento Sustentável, Gestão Baseada nos Ecossistemas, Gestão Integrada de Zonas Costeiras e Áreas Marinhas Protegidas, que serviram de base para atingir o objectivo de estudo – a governança do “Mar dos Açores”. Através do enquadramento, identificação e análise das políticas, componentes e dinâmicas relacionadas com o mar, a presente investigação aborda a gestão marinha rumo a uma governança oceânica efectiva para o arquipélago dos Açores. As discussões sobre as políticas do oceano, a sua implementação vertical, e a sua articulação horizontal, com outras políticas e casos de estudo internacionais, permitiram uma melhor compreensão dos presentes desafios e necessidades que se colocam nos Açores. As opções para um modelo de governança do “Mar” nos Açores procuraram demonstrar a necessidade de uma classificação das prioridades de desenvolvimento, inscritas em orientações estratégicas, e num conjunto de recomendações para as bases de uma possível futura Estratégia Regional para o Mar dos Açores.
ABSTRACT: The theme of the study is the Regional Autonomous of Azores framework in the Ocean Governance Perspective. The research underlines the importance of the Ocean for the development of the territories and enhances the role of the ocean into sustainable development strategies. The case study of the Azores archipelago focus on different dimensions that ocean assume as: territory, space and resource. The Ocean vision evolution supported by the application of concepts and tools such as sustainable development principles; Ecosystem Based Management; Integrate Coastal Zone Management and Marine Protected Areas have been study to reach the study purpose - Governance of “Azores Sea”. Through the framework, identification and analysis of the policies, components and dynamics related to the sea the present research broads the concept of marine management to operational ocean governance for The Azores Archipelago. The discussions of the ocean policies, their vertical implementation, and their articulation to other horizontal policies at different international case studies allow a better understanding of the Azores present challenges and needs. The option for Azores Sea Governance Model aims to establish a rank of development priorities inserted at strategic guidelines and a set of recommendations for the bases of a possible Azores Marine Strategy.
Governo dos Açores; SRCTE; UE-Fundo Social Europeu; PROEMPREGO
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Nevill, CJ. "Overfishing, uncertainty, and ocean governance : Lord Perry's question revisited." Thesis, 2009. https://eprints.utas.edu.au/21015/1/whole_NevillCharlesJonathan2009_thesis.pdf.
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"Why does overfishing persist in the face of regulation?" This question, the subject of intense interest and discussion, has no easy or palatable answer. While trawling over old ground, this thesis hopefully offers new insights, and adds weight to important arguments advanced by other writers. I argue here that overfishing, a fundamental cause of the crisis facing our oceans, is the result of the failure of our fishing management agencies (ultimately our politicians and communities) to embrace a small suite of powerful tools (more correctly strategic approaches) which have been developed to account for uncertainty.
Broad success in managing fisheries to achieve sustainability goals will (I argue) only come if these tools are enthusiastically applied. Moreover, I suggest that this will not happen until organisational cultures within fishery management agencies undergo a major shift. In my view, the only way this shift will occur is for asset-based biodiversity conservation, rather than resource exploitation, to be placed at the centre of ocean governance.
This thesis examines these issues in the context of case studies covering regional, national and provincial (State) fishery management agencies. With the exception of the case study of a regional fishery (the southern ocean krill fishery) all case studies are drawn from Australian experiences. Commercial and recreational fisheries are considered.
The central recommendation of the thesis is that fishery management agencies, worldwide, should be replaced by biodiversity asset management agencies. While recognising that many factors affect biodiversity assets (some well outside the control of current fishery agencies) such a strategy would mesh with the increasing acceptance of integrated coastal zone management, and in general the need for integrated and precautionary management of natural resources.
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李承哲. "Study on Future Development of Acting Agency for Ocean Governance in Taiwan." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/etg4jy.
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碩士中央警察大學
水上警察研究所
107
Taiwan is surrounded by the sea, the use of marine resources, the conservation of the ecological environment, and the ocean is inextricably linked to the survival and development of Taiwan. Therefore, the governance of the marine policy and the implementation of the marine agency will affect the overall development of the country. After the 21st century, countries around the world began to change their thinking on the ocean, from controlling the ocean to a sustainable ocean. The Ocean Affairs Council is responsible for overall ocean policy, sea area security, coastal management, marine conservation, sustainable development, marine science and technology research and marine culture and education policies. Coast Guard Administration, Ocean Conservation Administration, National Academy of Marine Research are set to promote the national marine policy. In the new era of the ocean, we must be in line with international standards and face globalization. The direction of the ocean policy and the positioning of the ocean authorities must be re-examined. This essay, Analysis of the UN Conferences Sustainable Development Goals and Oceans Annual Report, the development and reform ocean policy in Taiwan, the history of marine agency, and the practice of ocean policy in various countries, summarizing the common thinking and vision of new international ocean issues and things. Targeting Australia In the process of development and practice of marine policy, learning from experience as an important basis for us work on ocean governance in future.
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TAI, Li-Kang, and 戴立綱. "A Study on Taiwan's Marine Pollution Prevention Policy: A View from Ocean Governance." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/17400782495470352853.
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碩士中國文化大學
政治學研究所
97
Abstract Constrained by the past conservative policy, the Taiwanese people were unfamiliar with the oceans. In their misperception, oceans are nothing but for resources providing and garbage dumping. Due to such man-made damages, the ocean environment is deteriorated. The reduction of fish catches and the sequela resulted from pollution began to affect the lives of the island residents. Because of the rise of the marine conservation concept, the understanding of marine ecology, environmental protection, resources conservation, as well as the disposal of contaminated waste, a gradual improvement has been taken. Although there are still pollution incidents happen, the situation of protecting marine environment has been gradually improved. Considering the purposes of long-term managing marine environment in the future, the author believes that we need a long-term consideration and continued implementation capacity to contribute the eternity of the ocean. That is the insight of the "Ocean Governance". In other words, the future goals should be to restore the marine ecology, to maintain a good marine environment, and to reconstruct the coexistence of human and oceans. It is the author’s thought that it would be important to maintain a good relationship between human beings and the oceans but without damaging the marine environment. Under the perception of "Ocean Governance", this thesis will survey and explore the deficiency on the policy of marine pollution prevention of Taiwan, and the author will propose suggestions for future marine policy. This thesis will take the vessel oil spillage incidents and their pollution as case studies. Moreover, this thesis is going to review the policy in dealing with marine pollution events, and, lastly, to propose recommendations. Finally, from the concept of “Ocean Governance”, this thesis will review the ocean policy of Taiwan, and suggest that a department with specialized authorities and responsibilities should be established to strengthen the long-term planning and the implementation of the country’s marine policy. This thesis concludes that only with an integrated departmental institution could efficiently implement ocean policy, and only with a long-term policy under ocean governance could make Taiwan a true ocean country.
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Owens, Joshua, and 歐嘉旭. "Some Current Issues of Law of the Sea and Governance in the Arctic Ocean." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/69518581150716197616.
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碩士國立金門大學
海洋事務研究所
100
The present collection focuses on modern-day law of the sea as it applies in the Arctic. Due to the variety in state practice, the views and actions of circumpolar states will constitute the bulk of information analyzed. There are many legal issues yet to be resolved, including discussions on sovereignty, freedom of navigation, the balance of international law of the sea with national authority, the desirability and necessity of multilateral approaches to environmental protection, border delimitation, even the very definition of the Arctic itself remains nebulous. These and many others will be touched upon in the text, however the following will be examined in greater detail in the succeeding chapters: Following a brief introduction in Part One, Part Two examines the legal status of the Bering Strait. This vital channel lies between Russia and the United States, two world powers with a bumpy diplomatic history. It is in some ways a microcosm of the greater question of freedom navigation in both the Arctic and other oceans. The relevant provisions of the law of the sea are discussed in detail, alongside descriptions of the two littoral states’ policies. The conclusion is drawn that the Strait constitutes a strait used for international navigation, and recommendations are offered for achieving equitable and sustainable governance therein. Part Three addresses the issue of whether the Arctic may be considered an enclosed or semi-enclosed sea, as defined by the United Nations Convention on the Law of the Sea (UNCLOS). The geographical characteristics are presented and analyzed, then compared with other regions already functioning under the regime of enclosed or semi-enclosed seas. The particulars of this regime and its suitability to the Arctic are examined, resulting in the evaluation that the Arctic meets said definition and may be managed accordingly. Part Four revolves around continental shelf delimitation in the Arctic. The Area, which according to UNCLOS consists of areas beyond the reach of national jurisdiction, belongs to all of mankind. Therefore excessive national claims to tracts of continental shelf must be curtailed to the greatest extent possible. This is the primary responsibility of the United Nations-sanctioned Commission on the Limits of the Continental Shelf. Submissions by the circumpolar states regarding continental shelf claims in the Arctic are considered, and the likelihood of encroachment on the Area is assessed. Recommendations are presented for expeditious resolution of remaining Arctic border disputes. Part Five delves into the foundations and exigencies of environmental protection in the Arctic. The role and application of the sole UNCLOS provision relating particularly to ice-covered areas are scrutinized; the history as well as current political and regulatory functions of the Arctic Council are examined in detail. For a well-rounded understanding, the rights and concerns of indigenous Arctic peoples are also discussed. Lastly, Part Six closes with a comprehensive conclusion and words on the future of Arctic governance.
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Haas, B. "Regional fisheries management organizations and sustainable development goal 14 : opportunities and challenges." Thesis, 2021. https://eprints.utas.edu.au/38439/1/Haas_whole_thesis.pdf.
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Regional Fisheries Management Organizations (RFMOs) play a key role in promoting sustainable international fisheries management. They are influenced by internal dynamics and external initiatives, such as the United Nations Sustainable Development Goals (SDGs). The SDGs are a global initiative, comprising 17 goals and hundreds of targets that support a sustainable future by linking social, economic and environmental actions. The SDGs recognise the importance of the ocean for the livelihoods and food security of millions of people. SDG 14 – Life Below Water specifically addresses the conservation and sustainable use of the ocean, seas, and marine resources. As a goal-based governance approach, the SDGs are non-binding and rely on the actions of existing state and non-state actors. This thesis explores how the work of RFMOs could contribute to achieving the targets of SDG 14, and highlights the opportunities and challenges of RFMOs’ engagement with SDG 14. As goal-setting governance approaches become increasingly popular, it is important to better understand how regional and sectoral organisations can contribute to globally agreed goals.
This research into RFMO engagement with SDG 14 uses a qualitative approach that provides important and novel insights into the dynamics between RFMOs and global goal-setting initiatives, such as the SDGs. Well-performing RFMOs are the key to achieving sustainably managed fisheries and, thus, the targets of SDG 14. A desktop analysis of documents and conservation and management measures assesses the current performance of RFMOs, their potential for improvement, and how their work can be linked to the various targets of SDG 14. The results of this analysis reveal that RFMO performance is improving in areas such as bycatch regulation and management practices and identified best practice examples. The results of the analysis also show that RFMOs’ current work and their implementation of conservation and management measures might provide an important contribution to attaining SDG 14.
Interview analysis, which gathered the perspectives of 39 key stakeholders on the work of RFMOs and how they think RFMOs could contribute to SDG 14, reveals that RFMOs face several hurdles in engaging with external initiatives such as the SDGs. Key hurdles include time constraints during RFMO meetings, as well as a lack of capacity and resources among RFMO members to effectively implement new conservation measures. Another important issue identified by stakeholders is that the existing workload of the RFMOs’ administrative bodies limits their ability to take on further tasks, which, in turn, impacts the RFMOs’ potential engagement with SDG 14. These hurdles have not yet received detailed attention in the peer-reviewed literature, even though they profoundly shape RFMO activities.
The results of the desktop and interview analyses are supported by participant observation of two RFMO Commission meetings, which highlights the important role of underlying institutional dynamics within RFMOs. Member states are the main drivers of RFMO activities and determine which topics receive attention during annual meetings. Thus, member states need to acknowledge the important role of RFMOs in achieving SDG 14. Observations from the two RFMO Commission meetings reveal the importance of ‘champion’ states taking the lead on key issues and working with other members, as well as the leadership ability of the Chairperson to steer and coordinate negotiation on management issues, which are key to achieving the targets of SDG 14.
This research aimed to answer the question of the potential contribution of RFMOs to SDG 14. Even though RFMOs are not officially engaging with the SDGs, the results show that their work makes an important contribution to the targets of SDG 14, as it is directed towards achieving more sustainably managed fisheries. Moreover, a new agreement for biodiversity beyond national jurisdiction (BBNJ), which is currently under negotiation, might foster further development towards topics addressed by the targets of SDG 14. This new agreement is likely to impact RFMOs due to overlapping areas of interest which might also have implications for attaining SDG 14.
In summary, this work shows that, while goal-based governance strategies are a widely used tool to pursue global objectives, the lack of acknowledgement and recognition of the role of existing actors in contributing to goals related to their objectives might constrain their success.
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Nilsson, JA. "The essential elements to sustain fisheries." Thesis, 2019. https://eprints.utas.edu.au/34065/1/Nilsson_whole_thesis.pdf.
Full textAbstract:
Healthy marine ecosystems are vital for sustaining fisheries, poverty reduction, food security, and economic development worldwide. However failure to understand ecosystem dynamics – and particularly how they change under anthropogenic impacts – underpins major ecosystem shifts across the globe. Without robust and careful governance in place, levels of stress on ecosystems and fisheries are likely to have a continuous negative impact on biodiversity and fish stock abundance. Fish stocks are subject to a plethora of human-related impacts such as overfishing, habitat destruction, pollutants, and environmental change. Without appropriate knowledge and understanding of how to sustainably manage fisheries and the ecosystems that support them, the risk of ecological failure, fishery collapse, and ultimately social collapse is large. Despite increased efforts in fisheries research and management, improvements are still needed to restore the over-exploited fisheries and ensure sustainability of all fisheries.
The foundation of this PhD thesis is to investigate how human impacts influence biodiversity and fish stock abundance, and the management tools that can be used to sustain fisheries. This project takes a holistic approach to the risk of overfishing and fisheries collapse, and what is needed to make them sustainable based on key biological, environmental, social, economic, industry, governance, and management variables and associated criteria effecting stock abundance.
Considering the complex socio-ecological interactions that affect the sustainability of marine ecosystems and fisheries, this research investigates what sources might facilitate sustainability or trigger shifts towards overfishing or even collapse. To date this kind of holistic approach has been lacking, and this thesis is intended as one step towards redressing that gap. To better understand how to sustain fisheries a mixed method approach was used, by combining a meta-analysis of 21 fisheries, a qualitative survey of 188 fisheries experts from 34 nations, and a case-study of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR). CCAMLR was used as a case-study as the ecosystems, and fisheries, within the convention area are perceived to be well-managed.
There is a consistent emergent picture across the three analyses on how to sustain fisheries. The meta-analysis showed that the 14 sustainable fisheries identified were associated with sound biological knowledge, had a large range of management tools in place, and included some element of industry control such as a paid quota system. The survey of fisheries experts confirmed these findings as well as highlighting that there are a range of management tools that have proven efficient to sustain fisheries worldwide, if implemented and applied properly and conscientiously. Further, views of the fisheries experts (representing 34 nations) are consistent with the findings of the case study of CCAMLR, governed by 25 nations. Since its beginning in 1982, CCAMLR has managed to avoid collapse of the fisheries under its remit, has overseen substantial stock recovery in areas where degradation had occurred in the past and has seen through a number of continuously up-dated conservation measures with the aim of providing for marine conservation and fisheries sustainability. These activities match the measures in place for the 14 sustainable fisheries in the meta-analysis and align well with the experts’ view on how to sustain fisheries. A common thread through the three analyses comprising the thesis is that abundant scientific knowledge and establishment of management programs is insufficient to ensure fishery sustainability, but that political will must match the level of management challenges to ensure sustainable marine ecosystems long term.
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Liu, Chien-Ting, and 劉建廷. "A Study of the Relationship of Corporate Governance and Stock Price of Taiwan Ocean Transportation Industry: Using the Ohlson Model." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/28852721699133046431.
Full textAbstract:
碩士國立臺灣海洋大學
航運管理學系
97
Our country is an island country, the ocean transportation industry plays a very important role on the foreign trade in our country. We look over the financial information of the ocean transportation industry, we find that a lot of enterprises in the ocean transportation industry are family firms. The enterprises of Taiwan mostly take family firm as the core, the separation of the right of management and the property rights are very serious. Based on the fact, there is a situation that the operator neglects the rights and interests of investors in order to benefit oneself during the process of operating in enterprises. Hence, this research wants to probe into the relation of the ocean transportation industry between corporate governance and its stock price. The purpose of the research is to probe into the relation of the ocean transportation industry between corporate governance parameter and its stock price by Ohlson model. Corporate governance parameter content divide into the holding share of director and supervisor, ownership structure, related party transaction, and administration style and pledge. Besides, except for book value per share, earnig per share(EPS) constructed as financial factor, we join financial policy factors, macroeconomic factors, and industry environment regarded as control parameter. This is in order to examine whether will increase the explanation ability of Ohlson model or not after join control parameter. The result of this research reveals: Supervisor's seat figure, the seat rate of the final controller served as supervisor, the ratio of the major shareholders holding share, the ratio of the foreign juridical person holding share, the ratio of financial institution in Taiwan holding share, the difference between the right of voting and cash flow rights, the ratio of selling and purchasing of the relation party, the ratio of financing of the relation party, supervisor's internalization and stock price present positive correlation obviously. Director's seat figure, the ratio of manager's seat figure, the ratio of government holding share, the ratio of the pledge and stock price present negative correlation obviously. In addition, Ohlson model will all increase the explanation ability of Ohlson model after joining the parameter of corporate governance.
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Costa, Evelyn Flôr da. "Governação do mar: Um caso de estudo com a maior catástrofe ambiental marinha do Brasil." Master's thesis, 2020. http://hdl.handle.net/10071/21669.
Full textAbstract:
Neste ano de 2020 foi declarada a Década do oceano. A data foi instituída pela Organização das
Nações Unidas (ONU) em todo o mundo e é esperado que nos próximos dez anos a humanidade
amplie o conhecimento sobre as águas marítimas, que cobrem 70% do planeta. O propósito é que a
população mundial adquira conhecimento e proteja melhor essa imensidão, que absorve um terço do
gás carbônico produzido pela atividade humana, retém o aquecimento global e serve à subsistência
direta de biliões de pessoas.
Os desafios que o uso racional do oceano enfrenta na atualidade causam a procura de novas fórmulas
de gestão em que as questões ambientais, sociais e políticas se encontrem mais presentes e
interligadas. A utilização do termo governação ocupa hoje um lugar de destaque no discurso político,
técnico e científico e vem sendo aplicado nos mais diversos domínios e contextos. A governação
aparece definida como o exercício da autoridade, controlo, administração, poder de um governo
numa determinada esfera. Neste sentido governação é entendida como a maneira pela qual o poder
é exercido na administração dos recursos. A exploração do mar é um importante fator do
desenvolvimento mundial, mas o aproveitamento do oceano e dos seus recursos está dependente de
políticas públicas consistentes, esforços a nível tecnológico e progressos da investigação científica.
Este estudo de caso busca analisar criticamente a ação do governo brasileiro diante de um desastre
ambiental de grandes proporções ocorrido recentemente no Oceano Atlântico, na região do Nordeste
do Brasil.In this year of 2020 the Decade of the Ocean was declared. The date was instituted by the United Nations (UN) in the world and it is expected that in the next ten years humanity will expand the knowledge about the maritime waters, that cover 70% of the planet. The purpose is for the world population to acquire knowledge and better protect this immensity, which absorbs one third of the carbon dioxide produced by human activity, retains global warming and serves the direct livelihood of billions of people. The challenges that the rational use of the ocean faces today cause the search for new management formulas in which environmental, social and political issues are more present and interconnected. The use of the term governance today occupies a prominent place in political, technical and scientific discourse and has been applied in the most diverse domains and contexts. Governance is defined as the exercise of authority, control, administration, and power of a government in a given sphere. In this sense, governance is understood as the way in which power is exercised in the management of resources. The exploitation of the sea is an important factor in world development, but the use of the oceans and their resources is dependent on consistent public policies, technological efforts and advances in scientific research. This case study seeks to critically analyse the Brasilian government's action in the face of a major environmental disaster occurred in the Atlantic Ocean, in the Northeast region of Brazil.
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Beaudoin, Simon. "Understanding the emergence of norms in world politics : the case of plastic pollution in the world ocean." Thesis, 2020. http://hdl.handle.net/1866/25044.
Full textAbstract:
This research provides a novel outlook on the emergence of norms in world politics. Guided by a constructivist theoretical framework and a process tracing methodology, it tests Martha Finnemore and Kathryn Sikkink's pioneering life cycle model of norms (1998) with an unexplored case study. By investigating the processes that led to the legally binding Plastic Waste Amendments of the Basel Convention, it evaluates the model’s main mechanisms and studies the question of ‘How can we explain the emergence of a norm on plastic pollution within the scope of the Basel Convention?’ To do so, it combines an in-depth analysis of the international relations literature, official reports, and carefully selected interviews with actors involved in the global governance of plastic and the World Ocean. This research shows that co-construction processes between ideas, agents, and structures are at play in the emergence of norms. It offers a detailed understanding of the processes of norm emergence in world politics, original insights for the global governance of plastic pollution in the World Ocean, and opportunities to answer the challenges brought by transnational environmental issues. The findings of this research will likely be of particular interest for global environmental governance scholars and to those looking for pathways to foster global cooperation.Cette recherche offre une perspective nouvelle sur l’émergence des normes en politique mondiale. Guidé par un cadre théorique constructiviste et une méthodologie basée sur le traçage des processus, elle teste le modèle de cycle de vie des normes de Martha Finnemore et Kathryn Sikkink (1998) par l’entremise d’une étude de cas inexplorée. En étudiant les processus qui ont menés aux amendements juridiquement contraignants sur les déchets de plastique de la Convention de Bâle, elle évalue les principaux mécanismes du modèle de cycle de vie des normes et étudie la question suivante : « Comment expliquer l’émergence d’une norme sur la pollution des plastiques dans le cadre de la Convention de Bâle ? ». Pour ce faire, cette étude combine une analyse approfondie de la littérature des relations internationales, des rapports officiels et des entretiens soigneusement sélectionnés avec des acteurs œuvrant dans la gouvernance globale du plastique et de l'océan mondial. Cette recherche montre que des processus de co-construction entre idées, agents et structures contribuent à l'émergence des normes. Cette recherche offre une compréhension détaillée des processus d'émergence des normes en politique mondiale; des perspectives originales pour la gouvernance globale de la pollution plastique dans l'océan mondial; et des opportunités pour relever les défis posés par les enjeux environnementaux transnationaux. Les résultats de cette recherche seront probablement d’intérêt pour les spécialistes de la gouvernance environnementale globale et pour ceux qui cherchent des moyens pour renforcir la coopération mondiale.
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Vu, Hai Dang. "Towards a Network of Marine Protected Areas in the South China Sea: Legal and Political Perspectives." 2013. http://hdl.handle.net/10222/31425.
Full textAbstract:
The once pristine and rich marine environment of the South China Sea is degrading at an alarming rate due to the rapid socioeconomic development of the region. Despite this, and because mainly of complicated sovereignty and maritime boundary disputes, coastal States have not been able to develop effective regional cooperation to safeguard the shared marine environment. This dissertation, “Towards a Network of Marine Protected Areas in the South China Sea: Legal and Political Perspectives”, researches legal and political measures to support the development of a network of marine protected areas in the South China Sea. Such a network, if properly developed, would not only help to protect the marine environment and resources of the region but also contribute to lower the tension among its coastal States. These measures should be developed in accordance with international law, based on the specific geopolitical context of the South China Sea region and take into consideration experiences in developing regional networks of marine protected areas from other marine regions. Consequently, three optional categories of measures for the development of a network of marine protected areas in the South China Sea are suggested at the end. They include national-focused measures; measures to enhance the regional cooperation; and measures to build a regime for marine protected areas and network of marine protected areas in the South China Sea. These measures could be taken alternatively or on a step-by-step basis.
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Robinson, Stacy-ann. "Climate change adaptation in small island developing states." Phd thesis, 2017. http://hdl.handle.net/1885/118235.
Full textAbstract:
The impacts of climate change are already being experienced by the most vulnerable countries around the world, particularly small island developing states (SIDS). Many SIDS are isolated, and environmentally and economically exposed. Together, these 58 countries constitute a uniquely vulnerable grouping of developing countries whose national governments are prioritising climate change adaptation in order to ensure their sustainable development. In spite of the importance and urgency of adaptation for SIDS, there is little evidence in the academic literature about how these countries, as a whole and spread across the Atlantic, Indian Ocean, Mediterranean and South China Sea, Caribbean and Pacific regions, are adapting to climate change. This thesis helps to fill this gap. Prepared as a compilation of academic papers accepted for publication in leading peer-reviewed journals, this thesis takes a meta-paradigmatic, research-led, mixed methods, comparative case study approach to answering two primary questions—How are SIDS adapting to climate change at the national level? and What are the factors that affect adaptation at the national level in SIDS? There are eight sub-questions associated with the second primary question. These were derived from the answers to the first primary question. They explore the trends in and determinants of international adaptation financing to SIDS; the effectiveness of regional organisations coordinating adaptation responses across SIDS; the drivers of and barriers to mainstreaming adaptation into national development policies and programs in SIDS; and the nature and potential range of adaptation limits in SIDS. Key findings of this research include that: (1) SIDS are primarily engaged in the observation and assessment of climate variables and in education and knowledge management activities but less so in actual implementation, and monitoring and evaluation; (2) the allocation and sources of adaptation financing to SIDS are highly skewed and that governance quality is a strong determinant of adaptation financing to SIDS; (3) regional organisations are least effective in relation to their implementation and management of regional adaptation projects and programs across SIDS; (4) institutions and organisations, ‘champions’, personalities and informal networks, and risk and exposure are the main drivers of adaptation mainstreaming in SIDS; competing development priorities, poor planning and governance, and insufficient manpower and human resources are the main barriers; and (5) institutional constraints, as opposed to physical and ecological constraints, are potentially stronger drivers of adaptation limits in SIDS. This thesis makes a number of important contributions to the academic literature. These include: (1) offering one of the first cross-regional analyses of adaptation in SIDS; (2) documenting the experience of SIDS with accessing adaptation financing; (3) developing a framework for assessing the effectiveness of regional organisations coordinating adaptation in SIDS, which organisations can apply themselves; and (4) developing a seven-step process for practically achieving adaptation mainstreaming in SIDS. This body of work is especially useful for national governments, regional and international organisations as well as other actors involved in national-level climate change adaptation in SIDS—it highlights gaps in adaptation action requiring their attention.