The regionalization process promoted by the EU's Common Fisheries Policy (CFP) enabled the formulation of a new governance arrangement at the sub-national regional level of the Northern Adriatic Sea (NAS). Given the potential for dominating narratives to foster simplified solutions for fishery management, the article sought to analyze discourse formations across Italian Regional Fishery Departments (RFDs) of the NAS. A discourse analysis based on the Discursive Agency Approach (DAA) delineated the discursive strategies, while a weak vs strong sustainability narrative was adopted to broadly group stakeholders into discourse coalitions. The results showed the presence of a dominating narrative in RFD settings, prioritizing the economic growth of the fishery sector - particularly the trawling industry - over current environmental concerns. The study points to a possibly increasing dominance of weak sustainability narratives in the Italian NAS and invites for stakeholders' representation to significantly broaden and diversify, enabling the development of multifaceted solutions to the NAS crisis.
The European Green Deal (EGD) adopted in December 2019 seeks to facilitate the transition of the EU towards a climate-neutral continent and a modern, resource-efficient, and competitive economy by 2050. In addition to a set of objectives, it is also a policy program that will affect the policy landscape, by driving the development of new directives and regulation, and the amendment of existing ones. In order to facilitate a transition of EU society to better protect the marine environment, decision making and implementation processes within marine governance will need to be improved to develop and implement measures through which EGD marine protection objectives will be achieved.
The Horizon Europe PERMAGOV project aims to improve the implementation and performance of EU marine policies to reach the goals set in the EGD. The PERMAGOV project focuses on four issue areas, so-called regime complexes: Maritime Transport, Marine Energy, Marine Life and Marine Plastics. Within each regime complex, 2 to 3 case studies are used to explore and analyse how governance arrangements are emerging and changing and improving their performance through the EGD. These case studies span three European Seas, the Baltic Sea, the Mediterranean Sea and the North East Atlantic.
Illicit maritime activities generate significant scholarly and policy attention. While diverse in nature, governance responses share many regulatory features. This introduction advances the notion of maritime justice, a socio‐legal research agenda. Different from broader maritime security studies, it places law at the centre of the inquiry, studying maritime governance practices through the lens of regulation. Empirically, it covers operational, spatial, and structural junctions between illicit maritime activity and regulatory responses deriving from international and domestic law. Analytically, it is heterogeneous but holds a methodological commitment to studying everyday law enforcement practices of maritime security governance to disentangle its meanings and effects. The introduction posits the junction between illicit maritime activities and regulatory responses as a productive space to study the varied norms that shape order‐making at sea, and vice versa.
This report provides public recommendations for waterborne transport to West Coast of Norway, with the focus on the specified transport system in use case A in the AEGIS project. The complete background for this report is only achieved by reading all the other deliverables related to the use case, however these are confidential. Therefore, it is recommended to read the ICMASS 2022 paper "Development of an advanced, efficient and green intermodal system with autonomous inland and short sea shipping – AEGIS"1 to get a better overview of the project and specifically use case A. The transport system of use case A consists of mother vessel(s) together with one or more daughter vessels, connected by several ports. The mother vessel transports containers from Rotterdam via Hitra Kysthavn and into ports in the Trondheimsfjorden. The rationale for this use case is to enable a more flexible and cost-efficient waterborne transport solution for fjords and smaller ports.
The European Union (EU) seeks to become a global maritime-security actor, yet strategic challenges influence its maritime-security strategy process. Is there a distinctive and coherent EU approach to global maritime security, and how should the EU address the growing range of maritime challenges, including the intensification of militarized competition in the Indo-Pacific?
The oceans have received extraordinary international attention in global policy and research. New insecurities and uncertainties, ranging from intensifying interstate disputes to persistent piracy and overfishing as well as to pollution, deoxygenation and climate change imply that the oceans are increasingly seen as being in crisis. This revolution in thinking about and addressing the oceans is driven by new ideas of why the oceans need political attention and care. In this article we demonstrate how four key new ‘blue paradigms’—maritime security, blue economy, ocean health and blue justice—have evolved and turned the oceans into a new area of priority. Each of these paradigms drives global ocean politics in different directions, which implies risks of fragmentation and conflicts. We work out the key differences between paradigms, investigating their underlying problematization, priorities and communities of practices involved. This provides a new map for navigating the complexity of global ocean politics useful for policy-makers and scholars. Thinking through paradigms also establishes a new analytical framework that allows for identifying conflicting priorities, tensions between ocean communities of practice, and ideas of how these can be managed. We conclude with a call for creative thinking of how synergies between the blue paradigms can be achieved in strategy, planning and research.
The PermaGov Deliverable focuses on exploring the EU policy landscape within the context of the European Green Deal (EGD), structured around four regime complexes: marine life, marine plastics, marine energy, and maritime transport. These complexes provide a framework for analyzing the EU's approach to achieving the EGD's vision for sustainable marine governance. This report aims to offer a descriptive overview of marine EU policies relevant to the PermaGov project, focusing on policies identified as relevant to the overarching goals set forth in the EGD. It also considers relevant initiatives at global and regional levels.
The marine life regime sees the EU Biodiversity Strategy for 2030 as its overarching strategy, essential for the EGD's element of preserving and restoring ecosystems and biodiversity. Tackling the challenges of marine waste pollution, the marine plastics regime is guided by the EU Circular Economy Action Plan and the EU Action Plan: Towards Zero Pollution for Air, Water, and Soil, targeting the EGD's elements of a mobilizing industry for a clean and circular economy and a zero-pollution ambition for a toxic-free environment. The marine energy regime is shaped by the European Climate Law and the Offshore Renewable Energy Strategy, which are the overarching instruments that contribute to the EGD's elements of increasing the EU's climate ambition for 2030 and 2050 and ensuring the supply of clean, affordable, and secure energy. Lastly, the maritime transport regime sees the'Fit for 55'Package and the'Sustainable and Smart Mobility Strategy'as the two main instruments to achieve the EGD's elements of increasing the EU.
The aim of this paper is to provide the foundations for the development of a spatial decision-support toolset that combines cumulative impacts and ecosystem service supply assessments to support what-if scenario analysis in a maritime spatial planning context. Specifically, a conceptual framework for a toolset has been designed in order to introduce a new approach for place-based assessments of change in relative ecosystem service supply in multiple services at a time due to changes in cumulative impacts. Central to the toolset are two pre-existing approaches for relative ecosystem service supply and cumulative impact assessments and tools that facilitate them. The tools take advantage of available data from various sources, including geodata and expert knowledge, and have already been proven to support maritime spatial planning in a real-world context. To test the new approach and demonstrate the outputs, an ecosystem service supply assessment was done manually using the two currently separate tools. The results of the test case ecosystem service supply assessment for the Gulf of Riga in the Baltic Sea are also presented in this paper and illustrate the assessment steps and data needs. Although presently the focus of the illustrative assessment is the Gulf of Riga, the toolset will be able to accommodate analysis of cumulative impacts and service supply of any location, leaving the scope of the assessment to be determined by the objectives of the assessment as well as data availability (i.e., geospatial data availability and extent of expert knowledge).
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) has for four decades been considered by many to be one of the most important legislative achievements of international law. It is revered as a “constitution of the oceans”, providing the legal framework for the governance of the oceans. This volume explores how the UNCLOS is functioning in various complex settings, how it adapts to new, emerging developments, as well as how it interacts with other regulations, both within the law of the sea regime and outside. Engaging in themes such as law and order at sea, UNCLOS' interaction with human rights and the role of private actors, the book raises complex questions in the application, understanding, and enforcement of the convention and how it can be envisaged, interpreted, and used in a dynamic world. The volume also raises methodological questions, the answers to which may enhance the predictability and coherence of the law under UNCLOS and thus secure its role as the predominant and relevant system for legal governance at sea for many decades to come. As a contribution to ensuring the future relevance of UNCLOS, the book will be a valuable resource for scholars, diplomats, judges and other practitioners who are working with and interpreting the law of the sea and related issues of maritime law, migration law, human rights law and humanitarian law.
As a reaction to an increasing concern with the decreasing of standards in shipping during the 1970s and 1980s the International Maritime Organization adopted the ISM Code, which became mandatory in 1998. This study revisits the ISM Code, firstly exploring the genesis of the code at the international level, and then its operationalization at the national and local level. Based on a three-step case study, the interplay between the essence of the ISM Code and praxis onboard is explored. The study explores the distortion and erosion of the essence of the ISM Code when implemented on the national level in Danish law (step one) and by two Danishbased companies (step two) and finally investigates the local effect of the code as it is displayed onboard (step three).
The study is conducted as an applied socio-legal study; thus, it adopts both an internal (doctrinal) and an external (empirical) approach. It also combines the topdown and bottom-up perspective, consequently applying different methods to fit the content of the different levels examined, while maintaining a qualitative approach.
The research design is inspired by the hermeneutic circle. The first circle (Part I the international level) explores the genesis of the ISM Code, aim to explore the causal explanation for and to determine the essence of the ISM Code. The ‘essence’ is constituted by the ‘principles’ that the regulators intended to be essential to achieve ‘the purpose’. With Santos’s cartographic metaphor as a theoretical analytical framework combined with legal dogmatic method, the first part concentrates on small-scale legality (the international level). The second circle (Part II) is related to medium-scale legality (the national/transnational level). Part II explore the operationalisation of the ISM Code as it is implemented in Danish law, applying legal dogmatic method, combined with analyses of written formal communication to identify the inter-legality that distort the principles when implemented at a national level (step one and two). The third circle (Part III) relates to large-scale legality, applying Goffman’s theoretical framework to analyse the micro level, that constitute the onboard praxis. Praxis is compared with legislation, v revealing a frontstage behaviour that is compliant with regulation and documented by checklists, while in fact praxis deviate, ‘to make it work’ the crew exhibits what Goffman denoted a backstage behaviour.
The ISM Code introduces meta-regulation as a regulatory mechanism. Metaregulation is linked to Santos’s concept of globalization and governance matrix; the study applies Parker’s definition of meta-regulation and the triple loop to study the concept.
The study identifies three principles that constitute the essence of the ISM Code; (1) to establish a genuine link between the company and the flag State; (2) to ensure that the company becomes responsible for the ship’s operation; and (3) to empower the master, ensuring her or his authority. The analyses proved that each of the three principals were distorted at respectively meso and micro level, and that even though the intent was to promote good ship management, in reality it has provided companies the opportunity strut in borrowed plumes.