Guidance On The Application Of The Ecosystem Approach To Management Of Human Activities In The European Marine Environment

The Ecosystem Approach in Ocean Planning and Governance takes stock of the challenges associated with implementing an ecosystem approach in ocean governance. In addition to theorizing the notion of Ecosystem Approach and its multifaceted implications, the book provides in depth analyses of lessons learned and remaining challenges associated with making the Ecosystem Approach fully relevant and operational in different marine policy fields, including marine spatial planning, fisheries, and biodiversity protection. In doing so, it adds much needed legal and social science perspectives to the existing literature on the Ecosystem Approach in relation to the marine environment. While focusing predominantly on the European context, the perspective is enriched by analyses from other jurisdictions, including the USA.

The ecosystem approach, broadly understood as a legal and governance strategy for integrated environmental and biodiversity management, has been adopted within a wide variety of international environmental legal regimes and provides a narrative, a policy approach and in some cases legally binding obligations for States to implement what has been called a ‘new paradigm’ of environmental management. In this last respect, the ecosystem approach is also often considered to offer an opportunity to move beyond the outdated anthropocentric framework underpinning much of international environmental law, thus helping re-think law in the Anthropocene. Against this background, this book addresses the question of whether the ecosystem approach represents a paradigm shift in international environmental law and governance, or whether it is in conceptual and operative continuity with legal modernity. This central question is explored through a combined genealogical and biopolitical framework, which reveals how the ecosystem approach is the result of multiple contingencies and contestations, and of the interplay of divergent and sometimes irreconcilable ideological projects. The ecosystem approach, this books shows, does not have a univocal identity, and must be understood as both signalling the potential for a decisive shift in the philosophical orientation of law and the operationalisation of a biopolitical framework of control that is in continuity with, and even intensifies, the eco-destructive tendencies of legal modernity. It is, however, in revealing this disjunction that the book opens up the possibility of moving beyond the already tired assessment of environmental law through the binary of anthropocentrism and ecocentrism.

Aquatic ecosystems are rich in biodiversity and home to a diverse array of species and habitats, providing a wide variety of benefits to human beings. Many of these valuable ecosystems are at risk of being irreversibly damaged by human activities and pressures, including pollution, contamination, invasive species, overfishing and climate change. Such pressures threaten the sustainability of these ecosystems, their provision of ecosystem services and ultimately human well-being. Ecosystem-based management (EBM) is now widely considered the most promising paradigm for balancing sustainable development and biodiversity protection, and various international strategies and conventions have championed the EBM cause and the inclusion of ecosystem services in decision-making. This open access book introduces the essential concepts and principles required to implement ecosystem-based management, detailing tools and techniques, and describing the application of these concepts and tools to a broad range of aquatic ecosystems, from the shores of Lough Erne in Northern Ireland to the estuaries of the US Pacific Northwest and the tropical Mekong Delta.

This book argues for the utility of human rights in the practice of ocean governance. Maritime spatial planning (MSP) has become the dominant marine management paradigm, with MSP frameworks already at various stages of elaboration and implementation in more than half of all coastal states. However, as experience with MSP accrues, a central systemic shortcoming has become apparent, insofar as the normative frameworks that underpin MSP tend to be grounded in a rationalistic and economistic worldview. The result is a post-political, neoliberal approach to the implementation of MSP, which favours technocratic ‘fixes’ to complex societal problems over efforts to address underlying issues of power and inequality. Building upon the new field of critical MSP studies, this book offers a much-neglected legal contribution. More specifically, it analyses the extent to which law, and particularly human rights law, can be utilised to meaningfully challenge the unjust patterns of human-ocean interaction that MSP preserves or creates, and so provide a vehicle for the formulation and realisation of transformative blue futures. The book looks to human rights as norms that are uniquely capable of bringing into relief the values, cause-and-effect relationships, and uncertainties that prevailing capitalist-industrial framings of the ocean tend to downplay or, worse, disregard. And so, from a more pragmatic viewpoint, the book argues that the policy and advocacy tools associated with human rights can be used within MSP processes to foster patterns of human-ocean interaction which are more conducive to social and environmental justice. This book will be of interest to legal and planning scholars, geographers, and others concerned with ocean governance and the ‘blue turn’ in the social sciences and humanities more generally.

The ecosystem approach embodies a concept of the environment which emphasizes the integrated components of nature as complex adaptive systems. This book examines the relationship between the architecture and design of environmental law and the implementation of the ecosystem approach as a means to maintain ecological integrity. The main issue addressed is: in which manner and to what extent does fragmentation and administrative discretion in environmental law impede the implementation of an ecosystem approach? This is explored through analysis of several questions: what is an ecosystem approach and how could it be implemented; how can economic evaluation of ecosystem services contribute to the debate; to what extent is environmental law fragmented and how does this affect the implementation of the ecosystem approach; to what extent does environmental law contain administrative discretion and how does this affect the implementation of the ecosystem approach; is there a need for greater consistency, coherence and a stronger rule of law in environmental law in light of the ecosystem approach? The main focus is on Europe, with additional international comparisons where appropriate. The book concludes by providing a normative portrayal of future environmental law as protective, systemic and predictable.

"Sustainable use of aquatic ecosystems is high on regional, national and international agendas and central to the implementation of international agreements on biological diversity, responsible fisheries and fish stock management. Since 2001, when political commitments were made to implement the ecosystem approach, countries have begun to incorporate ecosystem considerations into their fisheries management and have met with varied success." "The Ecosystem Approach to Fisheries covers both theoretical andapplied aspects of sustainable management, with a particular emphasis on reviewing concepts and addressing implementation issues in the form of case studies from around the world. Personal experiences are considered from diverse backgrounds and discuss the constraints encountered, strategies identified and best practices to facilitate further implementation."--BOOK JACKET.

The marine environment is one of our most precious yet fragile natural resources. It provides a wide range of essential goods and services, including food, regulation of climate and nutrient cycling, as well as a setting for transport, recreation and tourism. This environment is however extremely complex and very sensitive to development pressures and other forms of human influence. Planning and management of the sea are similarly complicated, reflecting intricate legal, institutional and ownerships patterns. This creates a situation where marine ecosystems are vulnerable to over-exploitation or neglect. The Ecosystem Approach to Marine Planning and Management describes how growing concern about the state of our seas is resulting in the development of new approaches to marine planning and management. For example, the United Nations Environment Programme has called for the widespread introduction of Marine Spatial Planning (MSP), and the European Union has recently been consulting on a new European Maritime Policy designed to stimulate economic growth but at the same time protect the resource base. Within the United Kingdom, the 2010 Marine Act draws upon the experience of town and country planning and brings into being a new system of Marine Spatial Planning. The authors show that a common feature of all these developments is an appreciation that more integrated forms of planning and management are required for our seas and that new arrangements must draw together understanding from natural science, social science and many other perspectives. Adopting such a trans-disciplinary and holistic (or 'ecosystems') approach, the book distils the expertise of these different disciplines and seeks to promote a broader understanding of the origins and practicalities of new approaches to marine planning and management.