The regulation of private activities that take place overseas has received significant attention in the legal scholarship. The traditional discussion of the topic observes such regulation from the perspectives of public international law principles of jurisdiction or private international law conflict of laws rules. The present article contributes to the discussion from the perspective of private parties engaged in shipping activities, who face an increasing need of compliance with different regulatory acts of extraterritorial application. It argues that the proliferation of such acts incentivizes private parties to include regulatory interests in their business activities.
The article further suggests that extraterritorial regulation can serve as a trigger for transfer and intrinsic adoption of state’s regulatory interest by private parties. It observes the examples of such ‘privatization of extraterritoriality’ in corporate compliance policies and contractual CSR clauses used by shipping companies, noting their spillover effects over other parties. It further notes that the proliferation of extraterritorial regulation sometimes results in the universalization of responses from private parties, as acquisition of regulatory interest untied from its nation-state origins. The concluding section puts the observed phenomenon into a broader picture, discussing the contribution of extraterritorial regulation to the mechanisms of private governance.
Ocean monitoring will improve outcomes if ways of knowing and priorities from a range of interest groups are successfully integrated. Coastal Indigenous communities hold unique knowledge of the ocean gathered through many generations of inter-dependent living with marine ecosystems. Experiences and observations from living within that system have generated ongoing local and traditional ecological knowledge (LEK and TEK) and Indigenous knowledge (IK) upon which localized sustainable management strategies have been based. Consequently, a comprehensive approach to ocean monitoring should connect academic practices (“science”) and local community and Indigenous practices, encompassing “TEK, LEK, and IK.” This paper recommends research approaches and methods for connecting scientists, local communities, and IK holders and their respective knowledge systems, and priorities, to help improve marine ecosystem management. Case studies from Canada and New Zealand (NZ) highlight the emerging recognition of IK systems in natural resource management, policy and economic development. The in-depth case studies from Ocean Networks Canada (ONC) and the new Moana Project, NZ highlight real-world experiences connecting IK with scientific monitoring programs. Trial-tested recommendations for successful collaboration include practices for two-way knowledge sharing between scientists and communities, co-development of funding proposals, project plans and educational resources, mutually agreed installation of monitoring equipment, and ongoing sharing of data and research results. We recommend that future ocean monitoring research be conducted using cross-cultural and/or transdisciplinary approaches. Vast oceans and relatively limited monitoring data coupled with the urgency of a changing climate emphasize the need for all eyes possible providing new data and insights. Community members and ocean monitoring scientists in joint research teams are essential for increasing ocean information using diverse methods compared with previous scientific research. Research partnerships can also ensure impactful outcomes through improved understanding of community needs and priorities.
Marine space is overall under increasing pressure from human activities and in the way harming the marine ecosystems. Maritime spatial planning is one of the governance elements in the EU Integrated Maritime Policy (2007) that aims to maximize the sustainable use of the seas and oceans. Maritime spatial planning aims to ensure that the increased use of the marine space takes place in a way that is consistent with the sustainable development in the seas and oceans. According to the MSP Directive it is required to follow an ecosystem-based and thus holistic approach. For this to happen, tools are needed, and some tools are available but with various advantages and disadvantages. The aim of the current research has been to develop a comprehensive package of tools to assess the environmental impacts of societal activities under different maritime spatial planning proposals.
How, as a sub-set of maritime security, can piracy studies contribute with conceptual insights of relevance to the field of international security governance and international politics more broadly? To answer this question the article examines, with reference to critical intervention studies, how responses to Somali piracy have had constitutive effects, notably ‘back onto’ the intervening actors themselves. More specifically, three themes are examined: regulation (law), structures (institutions) and practices (actors), each of which highlights a distinct sense of contingency, which both characterizes contemporary security governance at sea and makes ‘the maritime’ an interesting domain for the study of constitutive effects related to the making of intervention actors. In light of this, the article argues that studying ‘the maritime’ can offer conceptual insights to the constitutive effects of counter-piracy interventions that may prove relevant to broader debates about governance and security in a changing world order.
In this introduction to a special section of the September 2019 issue of International Affairs, we revisit the main themes and arguments of our article ‘Beyond seablindness: a new agenda for maritime security studies’, published in this journal in November 2017. We reiterate our call for more scholarly attention to be paid to the maritime environment in international relations and security studies. We argue that the contemporary maritime security agenda should be understood as an interlinked set of challenges of growing global, regional and national significance, and comprising issues of national, environmental, economic and human security. We suggest that maritime security is characterized by four main characteristics, including its interconnected nature, its transnationality, its liminality—in the sense of implicating both land and sea—and its national and institutional cross-jurisdictionality. Each of the five articles in the special section explores aspects of the contemporary maritime security agenda, including themes of geopolitics, international law, interconnectivity, maritime security governance and the changing spatial order at sea.
Small-scale fishing communities along Cambodia's coast have relied on marine resources as a mainstay of their livelihood for many decades. However, in the past 10 to 15 years, environmental change, increased fishing pressure, illegal, underreported, and unregulated fishing, and sand mining have contributed to a progressive decline in their catch. At the same time, economic opportunities outside the coastal village have acted as a draw and catalyzed migration to secondary cities and to the capital. This study examines out-migration of people from coastal communities to the city of Koh Kong. Using qualitative data collected from three fishing villages, I explore why people leave and why others stay in the village. In the context of city provisioning systems, the study also reveals a shift in climate-related vulnerability for coastal village migrants when they become urban residents. The study highlights the importance of looking not only at city planning, infrastructure challenges, and climate risks but also at the attendant social effects that phenomena such as migration have on people who are increasingly on the move. Such a perspective offers a more people-centred understanding of urban climate resilience in Cambodia, and potentially for other countries across Southeast Asia.
Any ecosystem based fisheries management system is necessarily faced with the problem of multiple objectives that trade-off against one another. Typically, objectives such as the maximization of yield, employment or profit or minimizing environmental impacts will be optimized in different parts of the decision space, which is formed of the fishing mortality rates that can be applied to the various species, given the constraints imposed by the mixed species nature of many fishing fleets. Since objectives cannot be simultaneously achieved, managers need to consider how such objectives trade-off against one another in order to choose a balanced strategy. Normally, they also have to consider the views of different groupings of stakeholders, who often favour widely different and conflicting objectives. This is particularly difficult if stakeholders are reluctant to expose their negotiating positions. This article explores two possible approaches to developing a Decision Support Framework for the North Sea. The first is a classic Multi- Criteria Analysis (MCA) approach that was developed in cooperation with North Sea stakeholders. The implementation went smoothly for the definition of suitable scenarios, decision trees and criteria, but failed in facilitating consensus on how to set priorities at the stakeholder level. However, it remains a possible approach for higher level management to adopt. Consequently, to aid effective decision-making a simpler approach was designed to visualise stakeholders concerns both to themselves and to the managers in charge of actual decision-making. Rather than trying to achieve some joint optima of the objectives that stakeholders wish to achieve this approach seeks to avoid the solutions various stakeholder groups resent the most. This ‘N dimensional potato approach’ proposed here treats the decision space as analogous to a partially rotten potato that has to be prepared for the table: each group of stakeholders cut away those parts of the decision space that they consider unacceptable. Ideally, this would leave a decision space where somewhat acceptable compromise solutions exist. But, if no decision space is left after all have made their cuts, this approach will still inform managers about the consequences of different solutions in terms of which group will be disappointed and by how much. Making this approach operational requires both uncovering various stakeholders’ views of the unacceptable areas, and also displaying these areas in a convenient fashion together with areas of stakeholder consent. The article describes the steps taken to address these two tasks by the North Sea case study of the MareFrame research project.
Successful maritime spatial planning processes require stakeholder engagement and participation, thus requiring tools that support collaboration. Communication-driven spatial decision support systems are designed to facilitate decision making processes of complex spatial problems and are therefore suited for this task, but there are unresolved questions about user access control for these systems. In this study, user access control was designed for a spatial decisions support system for collaborative maritime spatial planning based on observation of two user tests. It was found that there were three distinct groups of users with special access needs to collaborative functionality. The level of access to functionality was organized into three groups: passive participants, actively contributing collaborators and managing moderators.
Rigid fisheries management frameworks often leave fishermen with limited possibilities and incentives to adjust the selectivity of their gears to the specific fishing conditions. Implementation of the landing obligation in European fisheries emphasizes fishermen's need for flexibility in which gear to use to be able to match the selectivity of the gear to the quota available. How fishermen can play an important role in facilitating a more regionalised and flexible technical regulation by actively participating in the development of gears and contributing to the scientific documentation of their selectivity is discussed. Perspectives in the proposed technical regulation for EU fisheries and the regionalization in the 2013 Common Fisheries Policy are discussed based on an analysis of the current EU technical regulation. Then a new pathway to address the problem, currently being trialled in Danish fisheries, is discussed. Throughout the article, three themes are discussed: Identifying gear needs, development and testing of gear with fishermen as central actors; how the selectivity of the gear should be documented; and opportunities for faster evaluation of new gear, following the regionalization of the technical measure regulation. The paper concludes that a more flexible system of gear development and evaluation is possible by a) involvement of fishermen in proposing gear adjustments, self-sampling and documenting results following scientific protocols and evaluation, testing a range of designs before scientific testing, and b) open for faster approval of gear use under a regionalized technical regulation regime with annual adjustments of management plans containing the technical regulation.
The capacity to act as a port state in international law is best described by the specific powers exercised over foreign ships, namely inspection, detention, expulsion or request of any type of information prior to the entry into the port. Many of these powers are explicitly attributed to the state in multilateral instruments, whereby the flag state consents to having its ships subject to the jurisdiction of the port state. Notwithstanding the consensus around the complementary nature of port state jurisdiction with respect to certain obligations of the flag state, the port state is not limited to fulfilling a secondary role. This is especially visible in the prevention, reduction and control of ship-source pollution, where some port states have not hesitated in acting regardless of an expressed consent by the flag state to the rule or standard being applied with the support of port powers. Not only do port states use more stringent enforcement powers to ensure that international treaties are effective, but they also prescribe novel rules and standards upon any foreign ship that approaches the port, often as a means of breaking an international negotiation deadlock. This study discusses the international legal basis for such unilateral jurisdiction by analyzing the principles of state jurisdiction under the dichotomy parochial/cosmopolitan. By interpreting the stated and implicit purposes of port state actions under that dichotomy, this study proposes that states are finding a legal ground to act based on certain legal functions they fulfill in the international legal order. This argument puts into perspective the assumed self-sufficiency of territoriality and shows how unilateralism may also serve to seek to set universally applicable norms.