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18 pages, 2822 KiB

Open AccessArticle

Patterns of Mangrove Resource Uses within the Transboundary Conservation Area of Kenya and Tanzania

by Anne Wanjiru Kamau, Halimu Shauri, Jean Hugé, Karolien Van Puyvelde, Nico Koedam and James Gitundu Kairo

Sustainability 2024, 16(11), 4623; https://doi.org/10.3390/su16114623 - 29 May 2024

Viewed by 532

Abstract

Mangrove forests provide a wide range of goods and services that sustain communities around the world. This paper explores utilization patterns of extractable mangrove resources by communities within the proposed Kenya–Tanzania transboundary conservation area (TBCA). Some 152 household surveys and 12 nominal group [...] Read more.

Mangrove forests provide a wide range of goods and services that sustain communities around the world. This paper explores utilization patterns of extractable mangrove resources by communities within the proposed Kenya–Tanzania transboundary conservation area (TBCA). Some 152 household surveys and 12 nominal group technique discussions were carried out. At least 16 direct-use products were reported to be extracted from the mangroves, with 90% of households found to use mangrove products. Changing patterns of mangrove use in the areas and accessibility point towards unsustainable utilization and promote illegal activities. Mangrove use patterns also show a high level of mangrove dependence by communities for their livelihood. Overharvesting of mangrove wood products is reported to be the major threat facing the forests. There is a need to address the problems of open access through capacity building and awareness creation, development and implementation of harvest plans, and introduction of alternative livelihood options. The results of this study can be used to inform development of the proposed TBCA as well as the establishment of a conservation policy in order to contribute to sustainable utilization of mangroves. These findings are important within the TBCA as well as similar environments around the world. Full article

(This article belongs to the Special Issue Marine Conservation and Sustainability)

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11 pages, 236 KiB

Open AccessArticle

Revisiting the “Responsibility to Ensure”: Two-Line Standards of the Sponsoring State’s National Legislation on Deep Seabed Mining

by Xiangxin Xu, Minghao Li and Guifang Xue

Sustainability 2023, 15(10), 8095; https://doi.org/10.3390/su15108095 - 16 May 2023

Viewed by 1212

Abstract

The deep seabed mining regime is composed of international legislation and domestic counterparts. International legislation emanates from the International Seabed Authority (ISA) under the mandate of UNCLOS, which is currently in the accelerated process of being drafted for exploitation activities to meet a [...] Read more.

The deep seabed mining regime is composed of international legislation and domestic counterparts. International legislation emanates from the International Seabed Authority (ISA) under the mandate of UNCLOS, which is currently in the accelerated process of being drafted for exploitation activities to meet a deadline of July 2023. In contrast, the development of domestic law in ISA Member States has been relatively slow, and this risks failure to fulfill their obligation of “responsibility to ensure” concluded in the advisory opinion in 2011. This possible failure is partly due to States’ different understanding of their obligation to impose more stringent environmental conditions on contractors in their domestic laws than those specified in the Mining Code adopted by ISA. This paper argues that Annex III, article 21(3) of the UNCLOS requires States to adopt a two-tier approach in their national legislation—minimal and optimal levels. The minimal level requires a sponsoring State to comply with the Mining Code’s fundamental requirements while reaching the optimal level means that the sponsoring State tries its best to establish more stringent standards than the Mining Code. Adopting more stringent requirements may be realized by adopting higher or stricter standards or inserting more details in the national legislation. Moreover, all ISA Member States are, including developing States, obliged to meet the minimum line and encouraged to move towards the optimal one Full article

(This article belongs to the Special Issue Marine Conservation and Sustainability)

20 pages, 335 KiB

Open AccessArticle

The Development of Floating Nuclear Power Platforms: Special Marine Environmental Risks, Existing Regulatory Dilemmas, and Potential Solutions

by Qiuwen Wang, Yan Zhang and Hu Zhang

Sustainability 2023, 15(4), 3022; https://doi.org/10.3390/su15043022 - 7 Feb 2023

Cited by 2 | Viewed by 3998

Abstract

Floating nuclear power platforms (FNPPs) are a novel form of nuclear energy infrastructure that is designed to generate electricity in coastal regions, particularly in areas with limited land availability or difficulty in building traditional nuclear power plants. However, the development and deployment of [...] Read more.

Floating nuclear power platforms (FNPPs) are a novel form of nuclear energy infrastructure that is designed to generate electricity in coastal regions, particularly in areas with limited land availability or difficulty in building traditional nuclear power plants. However, the development and deployment of FNPPs have raised significant concerns about their potential marine environmental risks and the adequacy of the existing international regulatory framework for regulating these risks. This research aims to provide a comprehensive analysis of the regulation of FNPPs from an international law perspective, using a policy analysis approach to examine relevant legal instruments and their ability to regulate the environmental risks posed by FNPPs. This study identifies regulatory shortcomings and gaps in the current international legal framework, including pollution regulation dilemmas caused by FNPP positioning, potential conflicts between pollution regulation and freedom of navigation, deficiencies in environmental regulations, problems in the marine environmental impact assessment of FNPPs, and insufficient liability and compensation regime. This research also explores the potential solutions for improving the international regulatory framework, enhancing its ability to effectively address the marine environmental challenges posed by the development and deployment of FNPPs. Full article

(This article belongs to the Special Issue Marine Conservation and Sustainability)

11 pages, 253 KiB

Open AccessArticle

The Obligation of EIA in the International Jurisprudence and Its Impact on the BBNJ Negotiations

by Yan Song

Sustainability 2023, 15(1), 487; https://doi.org/10.3390/su15010487 - 28 Dec 2022

Cited by 2 | Viewed by 3796

Abstract

Environmental impact assessment (EIA) has been widely recognized as a crucial instrument for sound decision-making that will promote environmental conservation and sustainable development. International jurisprudence has clarified the obligation of EIA under customary international law, especially concerning its legal status, threshold standards, and [...] Read more.

Environmental impact assessment (EIA) has been widely recognized as a crucial instrument for sound decision-making that will promote environmental conservation and sustainable development. International jurisprudence has clarified the obligation of EIA under customary international law, especially concerning its legal status, threshold standards, and procedural requirements, as well as the issue of State responsibility. As suggested by this article, international tribunals tend to adopt a procedural-oriented and State-based approach regarding the obligation of EIA, leaving more discretion to the States pursuing the proposed activities. This approach is insufficient to realize the role of EIA in fostering sound decision-making. As for the BBNJ negotiations, in light of the legal status of the Area in international law and the established rules governing the issues of EIA, especially the three Regulations and Recommendations adopted by ISA, the future implementation agreement should reinforce international regulations regarding the substance and implementation of EIA obligations. Full article

(This article belongs to the Special Issue Marine Conservation and Sustainability)

18 pages, 309 KiB

Open AccessArticle

The Interplay between the CAOF Agreement and BBNJ Agreement: A Chinese Perspective

by Dan Liu

Sustainability 2022, 14(21), 14575; https://doi.org/10.3390/su142114575 - 6 Nov 2022

Cited by 4 | Viewed by 2276

Abstract

After years of negotiation, in 2018, five Arctic coastal states and five other members, including China, reached the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOF Agreement). Meanwhile, at the sessions of the BBNJ negotiation, which were mandated [...] Read more.

After years of negotiation, in 2018, five Arctic coastal states and five other members, including China, reached the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOF Agreement). Meanwhile, at the sessions of the BBNJ negotiation, which were mandated by the UN General Assembly Resolution 72/249, expectations for a legally binding BBNJ Agreement in the future also increased. This paper outlines the convergence and potential conflict between the CAOF Agreement and the envisioned BBNJ Agreement. Moreover, owing to its important role in international ocean governance, China’s treaty obligations to the CAOF Agreement and its position on the four major issues of the BBNJ Agreement need to be carefully observed. More importantly, this paper provides an analysis of China’s views regarding the interplay between the two agreements to offer a reference for BBNJ governance. Full article

(This article belongs to the Special Issue Marine Conservation and Sustainability)

15 pages, 284 KiB

Open AccessArticle

A Jurisdictional Assessment of International Fisheries Subsidies Disciplines to Combat Illegal, Unreported and Unregulated Fishing

by Juan He

Sustainability 2022, 14(21), 14128; https://doi.org/10.3390/su142114128 - 29 Oct 2022

Cited by 3 | Viewed by 1655

Abstract

Fisheries subsidies regulation lies at the intersection of international fisheries and international trade governance regimes. Although eradicating harmful fisheries subsidies cannot be a panacea for illegal, unreported and unregulated (IUU) fishing, it is an essential first step to confront the problem head-on. The [...] Read more.

Fisheries subsidies regulation lies at the intersection of international fisheries and international trade governance regimes. Although eradicating harmful fisheries subsidies cannot be a panacea for illegal, unreported and unregulated (IUU) fishing, it is an essential first step to confront the problem head-on. The multilateral Agreement on Fisheries Subsidies, adopted by the World Trade Organization (WTO) in June 2022, provides an impetus for sovereign states to steer fisheries subsidies reform towards commonly agreed legality, sustainability and transparency benchmarks. This legal and policy investigation aims to give increased attention to the ultimate responsibility of national governments to exercise active fisheries jurisdiction over the identification and sanction of IUU fishing activities. With or without WTO prior judgements, a level of jurisdictional coherence is warranted to trigger a comprehensive and effective ban on IUU fisheries subsidies in as timely a manner as possible. Full article

(This article belongs to the Special Issue Marine Conservation and Sustainability)

15 pages, 738 KiB

Open AccessArticle

How to Incorporate Blue Carbon into the China Certified Emission Reductions Scheme: Legal and Policy Perspectives

by Xin-Wei Li and Hong-Zhi Miao

Sustainability 2022, 14(17), 10567; https://doi.org/10.3390/su141710567 - 24 Aug 2022

Cited by 5 | Viewed by 2358

Abstract

Blue carbon, the carbon sequestered in vegetated coastal ecosystems, is a potential and practical approach to combating climate change. Many countries have committed to integrating blue carbon into the climate change law and policy framework. As a significant carbon-emitting country, China has abundant [...] Read more.

Blue carbon, the carbon sequestered in vegetated coastal ecosystems, is a potential and practical approach to combating climate change. Many countries have committed to integrating blue carbon into the climate change law and policy framework. As a significant carbon-emitting country, China has abundant blue carbon resources but suffers a significant loss of coastal habitats. Therefore, blue carbon should become a primary focus in China’s climate change law and policy. Given the successful experience in terrestrial biosequestration projects, the inclusion of blue carbon into China’s carbon trading market can be an essential move and is the primary purpose of this paper. The China Certified Emission Reductions (CCER) scheme is an effective supplementary mechanism to the national carbon trading market. To incorporate blue carbon into the CCER scheme, this article first analyzes the legislative framework underpinning the CCER scheme and indicates some critical factors, including methodology, project boundaries, legal rights, additionality, project period, and crediting period. Subsequently, the article discusses these critical factors in depth to identify legal issues that may emerge and provides several feasible solutions. (i) Dedicated methodologies need to be developed for blue carbon projects, which include a broader definition for carbon abatement activities. (ii) The new national marine functional zoning should delineate zones for the purpose of developing blue carbon projects. (iii) The current authorization system for the right to use sea areas could be used to secure a legal right to develop blue carbon projects. (iv) Additionality requirements should be appropriately adjusted. (v) Extended project periods and crediting periods would be needed. This article offers novel pathways for including blue carbon in China’s climate change law and policy framework, thus contributing to achieving its 2060 carbon neutrality goal. Full article

(This article belongs to the Special Issue Marine Conservation and Sustainability)

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Review

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17 pages, 318 KiB

Open AccessReview

Critical Perspectives on the New Situation of Global Ocean Governance

by Yitong Chen and Huirong Liu

Sustainability 2023, 15(14), 10921; https://doi.org/10.3390/su151410921 - 12 Jul 2023

Cited by 7 | Viewed by 2219

Abstract

Global ocean governance is the concretization of global governance. Various interest groups interact with and coordinate ocean issues. Global ocean governance is inevitably linked to the new global governance landscape. In recent years, a series of new scenarios in global governance have emerged. [...] Read more.

Global ocean governance is the concretization of global governance. Various interest groups interact with and coordinate ocean issues. Global ocean governance is inevitably linked to the new global governance landscape. In recent years, a series of new scenarios in global governance have emerged. These situations have further shaped the plurality of participants and the diversity of mechanisms in global ocean governance. Science and technology innovation and application are prerequisites and prime movers for the evolution of global ocean governance. Major worldwide crises, represented by global climate change and the coronavirus disease 2019 pandemic, have added great uncertainty to the future development of global ocean governance. The divergence of interests and positions between emerging countries and developed countries, as well as the reshaping of the global geopolitical landscape in recent years, has led to the stagnation or deadlock of a series of international negotiations and international cooperation platforms related to global ocean governance. With the deepening of global governance, non-state actors are not only objects of ocean governance but also bearers of legal obligations and enjoy varying degrees of legal rights, participating in agenda setting, rule construction, and monitoring implementation at different levels of ocean governance. From a critical jurisprudence perspective, in the practice of global ocean governance, the relationship between non-governmental organizations, states, and international organizations is more likely to be one of reconciliation than the “state–civil society” dichotomy of moral imagination. This new set of circumstances exposes the divisive and fragmented nature of global ocean governance. This study concludes that the new situation of global ocean governance constitutes a historic opportunity for countries to reexamine the role of the rule of law during the Anthropocene to bridge the fragmentation and gaps in mechanisms and achieve a truly integrated, holistic, and closely nested global ocean governance. The question of how to implement the rule of law requires the introduction of theoretical perspectives such as the Anthropocene, complex systems theory, and the community of a shared future for humanity to undertake a fundamental critical reflection and rethinking of global ocean governance. Full article

(This article belongs to the Special Issue Marine Conservation and Sustainability)

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