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Preserving Community Interests in Ocean Governance towards Sustainability 2nd Edition

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A special issue of Sustainability (ISSN 2071-1050). This special issue belongs to the section "Sustainable Oceans".

Deadline for manuscript submissions: closed (20 December 2023) | Viewed by 33410

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Prof. Dr. Keyuan Zou

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Guest Editor

Law School, Dalian Maritime University, Dalian 116026, China
Interests: international law; Chinese law; ocean law and policy; international relations
Special Issues, Collections and Topics in MDPI journals

Prof. Dr. Yen-Chiang Chang

E-Mail Website
Guest Editor

Law School, Dalian Maritime University, Dalian 116026, China
Interests: international law; ocean law and policy; ocean governance; energy law
Special Issues, Collections and Topics in MDPI journals

Special Issue Information

Dear Colleagues,

Thank you all for supporting the first edition of our Special Issue. This second edition of the Special Issue is also designed to discuss and examine relevant legal issues concerning ocean governance in the context of United Nations Sustainable Development Goals (SDGs) for long-lasting benefits for the international community. It will cover, inter alia, the safety of navigation and maritime security, the sustainable use of marine resources (living and non-living), marine environmental protection, climate change, and marine scientific research.

Brief background

It is increasingly clear that the protection of the marine environment and the sustainable development of marine resources have been the most important components in global ocean governance and closely related to the vital interests of the whole international community. Although there are international normative documents and arrangements concerning ocean governance such as the United Nations Convention on the Law of the Sea (UNCLOS), the Rio Declaration, and the United Nations Sustainable Development Goals, the traditional mare liberum doctrine still remains firm in the promotion of national interests as individual states continue to grab marine space and resources in an unsustainable manner without seriously considering the collective interests of the international community as well as the interests of future generations. Such national selfishness has caused severe environmental risks and disasters in the ocean, particularly maritime areas beyond national jurisdiction, including the high seas, Antarctica, and the international seabed (the area), which are commonly known as “global commons” but are of vital interest to the present generation as well as future generations. Thus, the rationale for preserving the community interests in ocean governance towards sustainability has become increasingly urgent.

The overall focus, scope and purpose of this Special Issue

This Special Issue is designed to focus on the community interests in ocean governance towards sustainability, and how to preserve these interests through the effective implementation of international law for the sea and of the SDGs. The scope of the Special Issue will cover several edge-cutting areas: first, it will examine relevant legal issues concerning ocean governance in the context of SDGs for long-lasting benefits for the international community; second, it will identify new legal obligations to safeguard navigation and maritime security by considering the marine environment; third, it will evaluate effective legal frameworks for the sustainable use of marine resources (living and non-living); and fourth, it will discuss the regulations for marine scientific research and new developments of marine technologies for marine environmental protection. The purpose of this Special Issue is to highlight the concept of community interests in sustainable ocean governance, which will be fully reflected in a series of anticipated papers.

Relationship between this Special Issue and other research on the topic

References to community interests appear from time to time in scholarly writings in the field of international relations and international law. The concept of community interests refers to interests protected by international law binding either all, or a group of, states and go beyond the delimitation of a sovereign sphere of influence. In the literature, there are existing examples of research, such as in books and journal articles, that consider the various manifestations of what has been described as “community interests” in many areas regulated by international law, including natural resources, global markets, human rights, and the use of force, and observe how law has evolved from a legal system based on more or less specific consent and aimed at promoting particular interests of states, to one that is more generally oriented towards collectively protecting common interests and values. However, the topic is never thoroughly researched and there is a huge gap in the existing literature, particularly in the context of ocean governance and sustainability. This Special Issue attempts to fill this gap, so as to attract more studies on this important topic in academia.

Prof. Dr. Keyuan Zou
Prof. Dr. Yen-Chiang Chang
Guest Editors

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Keywords

community interests
humankind
ocean governance
SDGs
sustainable development
maritime security
piracy
climate change
marine fishery
transfer of technology
deepsea mining
benefit-sharing
marine genetic resources
BBNJ
integrated coastal management
marine environmental protection
marine ecological damage

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Published Papers (14 papers)

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Editorial

Jump to: Research

5 pages, 176 KiB

Open AccessEditorial

Preserving Community Interests in Ocean Governance towards Sustainability: An Editorial Note

by Keyuan Zou and Yen-Chiang Chang

Sustainability 2023, 15(22), 15894; https://doi.org/10.3390/su152215894 - 13 Nov 2023

Cited by 1 | Viewed by 962

Abstract

It is becoming increasingly evident that the preservation of the marine environment and the sustainable development of marine resources stand as the most critical elements of global ocean governance [...] Full article

(This article belongs to the Special Issue Preserving Community Interests in Ocean Governance towards Sustainability 2nd Edition)

Research

Jump to: Editorial

20 pages, 515 KiB

Open AccessArticle

Multilateral Debt Relief for Clean Ocean Energy

by Anastasia Telesetsky

Sustainability 2023, 15(20), 14702; https://doi.org/10.3390/su152014702 - 10 Oct 2023

Cited by 3 | Viewed by 1261

Abstract

As states bring more and more offshore wind online and build renewable energy capacity, the promise of large-scale ocean renewables such as offshore wind is not shared equally across all coastal states. This paper examines the situation of coastal states identified by the World Bank as Heavily Indebted Poor Countries (HIPCs) in the context of the boom in offshore wind investment. Specifically, the paper looks at the limited access to renewable energy production exacerbated by ongoing public debt loads, and the almost complete lack of access to clean ocean energy development for the poorest coastal states. Using statistics from the International Renewable Energy Agency and datasets from the Our World in Data project, this paper highlights that the most indebted coastal states only have access to 0.69% of the available renewable energy even though these states represent 4.6% of the global population. In the context of state responsibility for failing to meet climate obligations under the UNFCCC, this paper argues that a sovereign debt relief package offers an equitable remedy to HIPC coastal states, many of whom owe a substantial portion of their GDP as external public debt. The debt service payments would be invested in the upfront capital costs of ocean-based clean energy. These types of debt relief arrangements address international state responsibility and offer the dual co-benefits of long-term economic development and low-carbon sustainability. Full article

(This article belongs to the Special Issue Preserving Community Interests in Ocean Governance towards Sustainability 2nd Edition)

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19 pages, 335 KiB

Open AccessArticle

Bluer Than Blue: Exit from Policy Support for Clean Marine Energy

by Volker Roeben and Rafael Emmanuel Macatangay

Sustainability 2023, 15(19), 14629; https://doi.org/10.3390/su151914629 - 9 Oct 2023

Cited by 1 | Viewed by 1125

Abstract

The amendment or removal of superfluous government support policies is typically difficult, yet in the ever more important debate on low-carbon (i.e., clean) marine energy policy under the international law of climate action, the law of the sea, and international investment protection, there are additional dimensions of legal or economic peril. Coastal states enact policies subsidising clean energy investments, such as offshore wind energy generation, in their exclusive economic zones or continental shelves. Investors are attracted to the prospect that policies granting subsidies for ostensibly new industries are sufficiently durable. Are such subsidy policies salient or stale? In principle, the purpose of regulatory policy is the promotion of social welfare, and hence, there is an optimal incidence, magnitude, and duration of the subsidy, in essence, an ideal strategy for starting, altering, or exiting such policy. We aim to introduce the concept of optimisation to the design and implementation of regulatory policy in this context. Our contribution is to offer three maxims of optimal clean marine energy law and policy: the efficiency and equity of alternative regulatory arrangements; the continuous optimisation of such arrangements; and the recognition of linguistic entanglements in the law. We test these maxims against the case of clean marine energy policy on offshore wind energy generation. One legal implication for international investment protection is that coastal states should establish a policy exit clause in their investment contracts. Our analysis of policy optimisation is generalisable across policies supporting the transition to sustainable energy forms. Full article

(This article belongs to the Special Issue Preserving Community Interests in Ocean Governance towards Sustainability 2nd Edition)

12 pages, 239 KiB

Open AccessArticle

Revisiting Traditional Fishing Rights: Sustainable Fishing in the Historic and Legal Context

by Weikang Wang and Guifang Xue

Sustainability 2023, 15(16), 12448; https://doi.org/10.3390/su151612448 - 16 Aug 2023

Cited by 2 | Viewed by 2742

Abstract

Poor fishing practices and overfishing are now imperiling livelihoods on small-scale fishing. Traditional fishing rights as one of the legal guarantees for small-scale artisanal fishers under SDG 14 may be abused in various maritime zones, which is precisely because such rights are not well-reflected in the United Nations Convention on the Law of the Sea (UNCLOS), leading to uncertainty between theories and practice. In order to better implement SDG 14 and its targets for sustainable fishing, this paper examines the practical meaning of traditional fishing rights through tracing back the origins, nature and legal elements of such fishing rights by jurisprudence and state practice, and it differentiates its distinctions between ‘historic rights’. Based on this, the paper analyzes the application of these fishing rights in different maritime zones and suggests sustainable ways of making a balance between the jurisprudence and practice for a healthy ocean. Full article

(This article belongs to the Special Issue Preserving Community Interests in Ocean Governance towards Sustainability 2nd Edition)

14 pages, 1859 KiB

Open AccessArticle

Sustainable Management of Marine Protected Areas in the High Seas: From Regional Treaties to a Global New Agreement on Biodiversity in Areas beyond National Jurisdiction

by Rui Jiang and Ping Guo

Sustainability 2023, 15(15), 11575; https://doi.org/10.3390/su151511575 - 26 Jul 2023

Cited by 3 | Viewed by 2647

Abstract

The conservation and sustainable use of marine biodiversity have recently received attention, and Marine Protected Areas (MPAs) have become key management tools that are gradually being applied to the high seas. However, the sustainable management of MPAs in the high seas requires legal regimes to support them, though relevant regimes are still immature. This paper summarizes the existing regional treaties governing high seas MPAs, and the agreement on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ Agreement). After reviewing and comparing their law-making histories, it is argued that regional treaties have issues of legitimacy, democracy, and science and are not conducive to sustainable management. It is concluded that the BBNJ Agreement is better suited to the comprehensive and sustainable management of high seas MPAs and can overcome the limitations of regional treaties. As the BBNJ Agreement does not undermine existing instruments and frameworks, the management of high seas MPAs will face the co-existence of different legal regimes. In the context of “not undermining”, the Agreement should be applied preferentially, ensuring the universal participation of stakeholders in decision-making and the role of soft law for non-contracting parties. Full article

(This article belongs to the Special Issue Preserving Community Interests in Ocean Governance towards Sustainability 2nd Edition)

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27 pages, 359 KiB

Open AccessArticle

Further Development of the Law of the Sea Convention in the Anthropocene Era: The Case of Anthropogenic Underwater Noise

by Maruf and Yen-Chiang Chang

Sustainability 2023, 15(12), 9461; https://doi.org/10.3390/su15129461 - 12 Jun 2023

Cited by 2 | Viewed by 2722

Abstract

Anthropogenic underwater noise (AUN) is a growing concern for governments and international institutions around the world. This emerging issue signifies a rapid environmental change and raises questions about the applicability and effectiveness of current instruments. A key question to be addressed is whether the United Nations Convention on the Law of the Sea (UNCLOS) can address the challenges posed by AUN. While AUN is not explicitly mentioned in the UNCLOS, this article argues that some of its provisions are applicable to the problem. Part XII of the UNCLOS is proposed as a governing framework for protecting the marine environment from AUN. As a result, several options are presented to strengthen the regulation of AUN under the UNCLOS, including the adoption of a new implementing agreement, addressing AUN through the existing implementation agreement, and regulating through the rules of references. Full article

(This article belongs to the Special Issue Preserving Community Interests in Ocean Governance towards Sustainability 2nd Edition)

11 pages, 231 KiB

Open AccessArticle

China’s Incentives and Efforts against IUU Fishing in the South China Sea

by Chengyong Yu and Yen-Chiang Chang

Sustainability 2023, 15(9), 7255; https://doi.org/10.3390/su15097255 - 27 Apr 2023

Cited by 2 | Viewed by 3304

Abstract

Illegal, unreported, and unregulated (IUU) fishing is a massive problem that poses a significant threat to the sustainability of marine ecosystems and the livelihoods of millions of people who depend on fishing for their food and income. Many issues have emerged, such as declining fishery resources, regional fishery incidents, political impacts, and disputes over sovereignty, which all have mutual and complicated effects on IUU fishing, eventually hindering the sustainability of marine fisheries. In this situation, the People’s Republic of China (hereinafter referred to as China) has tried to undertake some efforts to combat IUU fishing over the past few years using domestic regulation and international cooperation, especially in the South China Sea. This article discusses the seriousness of IUU fishing; examines the causes of IUU fishing in the South China Sea; analyzes why frequent fishing conflicts have increased in the South China Sea; identifies what IUU fishing is, based on its definition in the International Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (IPOA-IUU) and in other countries; and examines what actions have been undertaken to prevent IUU fishing in China from international and national perspectives. By analyzing the cause of IUU fishing, identifying its scope and nature, and demonstrating China’s position on it, this study aims to prove that China has taken some positive measures to combat IUU fishing in the South China Sea. To promote the sustainable development of fisheries in the South China Sea, uniting China and other South China Sea states against IUU fishing could be an efficient way in the future. Full article

(This article belongs to the Special Issue Preserving Community Interests in Ocean Governance towards Sustainability 2nd Edition)

30 pages, 331 KiB

Open AccessArticle

Building Up a Sustainable Path to Maritime Security: An Analytical Framework and Its Policy Applications

by Lingqun Li

Sustainability 2023, 15(8), 6757; https://doi.org/10.3390/su15086757 - 17 Apr 2023

Cited by 6 | Viewed by 3029

Abstract

Maritime security is currently a buzzword in international relations. The popularity of the term reflects an emerging consensus across the international community recognizing increasing challenges to world oceans and helps to rally support for serious efforts to cope with these challenges. However, the term is highly contested with regard to its conceptual meaning and empirical implications. The discipline of security studies provides a critical perspective revealing the state-centered ontology embedded in many of the discussions of maritime security. The complicated and intertwining nature of maritime threats in today’s world oceans demands a systematic analytical framework to comprehend and address them, a framework that moves beyond statist ontology, military means, and zero-sum mentality to a people-centered, diversified toolkit and positive-sum mentality and opens space for a common, cooperative, and comprehensive security agenda. The evolving discourse on human security and sustainable development sheds light on a possible path to approach such an agenda in an effective and sustainable manner. It has also enlightened the mandates of major international institutions and a lot of states practices in the pursuit of maritime security. Against this background, this article aims to explore the conception of maritime security and provide an analytical framework for analyzing and guiding maritime security practices and explores a feasible path towards realizing sustainable maritime security that can meet the diversified challenges emerging in global maritime space today. To this end, the article draws on the discipline of security studies over the past few decades so as to structure a rigorous analytical tool for engaging maritime security as a theoretical concept and a set of policy objectives. Applying this framework to state practices, this article discusses the case of China, examining, on the one hand, China’s understanding of maritime security and related policy practices and, on the other hand, exploring the value of the proposed policy framework as serving the foundation for bridging disagreements, forging consensus, and coordinating policy actions in the pursuit of sustained security and development in the maritime domain. Full article

(This article belongs to the Special Issue Preserving Community Interests in Ocean Governance towards Sustainability 2nd Edition)

16 pages, 2073 KiB

Open AccessArticle

Measuring the Sustainable Development of Marine Economy Based on the Entropy Value Method: A Case Study in the Yangtze River Delta, China

by Xiaowei Ni and Yongbo Quan

Sustainability 2023, 15(8), 6719; https://doi.org/10.3390/su15086719 - 16 Apr 2023

Cited by 7 | Viewed by 2200

Abstract

The rapid growth of the marine economy has provided a strong impetus for the economic development of the Yangtze River Delta region, but it has also posed serious challenges to the ecological environment of the marine watersheds in which it is located. To investigate how to promote the sustainable development of the marine economy in the Yangtze River Delta region, this study used relevant statistical data from 2009 to 2019, combined with four factors—marine economy, marine resources, ecological environment, and scientific and technological innovation—to build an evaluation index system for the sustainable development of the marine economy and employed the entropy value method to conduct a deeper investigation. It was found that there are problems in the sustainable development of the Yangtze River Delta marine economy, such as imperfect marine industry structure, significant differences in resource allocation, insufficient support capacity of marine science and technology innovation, and insufficient ecological environmental protection. Therefore, the study suggests promoting regional collaboration in the Yangtze River Delta, improving technological innovation, and enhancing environmental protection to support the sustainable development of the regional marine economy. Full article

(This article belongs to the Special Issue Preserving Community Interests in Ocean Governance towards Sustainability 2nd Edition)

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17 pages, 278 KiB

Open AccessArticle

Taking Precautionary Approaches to the Governance of Commercial Deep Seabed Mining: Law-Making of International Seabed Authority and Multi-Subject Participation

by Jinpeng Wang, Wenqi Jiang, Chuanjuan Wang and Dahai Liu

Sustainability 2023, 15(8), 6414; https://doi.org/10.3390/su15086414 - 10 Apr 2023

Cited by 3 | Viewed by 3021

Abstract

Although commercial deep seabed mining could provide the international community with new sources of metals and minerals, it can potentially cause adverse effects on the marine environment and biodiversity of the Area. To date, insufficient scientific knowledge has been obtained about the complex deep seabed ecosystems and the detailed impacts of deep seabed mining. The International Seabed Authority has begun to make provisions for exploiting mineral resources and related environmental protection requirements. The draft exploitation regulations take precautionary approaches such as stipulating rules, including environmental standards and guidelines, environment impact assessment, environmental management and monitoring plan, and regional environmental management plan. However, there are still apparent differences and controversies about these rules between States. This article elaborates on the evolution and content of drafted rules and explores the manifested specific divergences and interest conflicts in formulating these rules. Implementing precautionary approaches requires balancing potential serious environmental risks, available scientific evidence, and cost-effectiveness. This article also explores the essential requirements of taking precautionary approaches for governing commercial deep seabed mining. The ISA, sponsoring States, Contractors, scientists, experts, and public all play roles in the governance of imminent commercial deep seabed mining. Strengthening multi-subject participation in the ISA’s law-making process for deep seabed environmental protection can be conducive to promoting consensus on taking precautionary approaches to govern commercial deep seabed mining. Full article

(This article belongs to the Special Issue Preserving Community Interests in Ocean Governance towards Sustainability 2nd Edition)

14 pages, 245 KiB

Open AccessArticle

The Impact of Globalisation on the Development of International Fisheries Law

by Kuan-Hsiung Wang and Hung-Jeng Tsai

Sustainability 2023, 15(7), 5652; https://doi.org/10.3390/su15075652 - 23 Mar 2023

Cited by 1 | Viewed by 2078

Abstract

As the starting point, this paper introduces the development of globalisation and the evolution of the international legal order and then discusses the interaction between the two. The article then explores the impact of the “concept” and “practice” of globalisation on the evolution of the international fisheries’ legal system by taking “sustainable development” and “international trade” as the probes to gain a practical understanding of the protection and conservation of high seas fisheries’ resources. The authors argued that the international law of the sea is an ever-renewing legal system, especially in the regulation of conserving and managing high seas fisheries resources, which has undergone tremendous and drastic changes in recent decades due to the development of global trade, the strengthening of environmental issues, and the flourishing of international organisations. Obviously, globalisation is an important and fundamental driving force behind it. The authors presented findings by observing the changes in international fisheries law during the two decades between the signing of the UNCLOS and the completion of the IPOA-IUU. Full article

(This article belongs to the Special Issue Preserving Community Interests in Ocean Governance towards Sustainability 2nd Edition)

31 pages, 440 KiB

Open AccessArticle

China’s Engagement in Arctic Governance for Its Sustainable Development Based on International Law Perspective

by Jiayu Bai and Kailei Zhu

Sustainability 2023, 15(6), 5429; https://doi.org/10.3390/su15065429 - 19 Mar 2023

Cited by 2 | Viewed by 2522

Abstract

With climate change, melting sea ice and snow in the Arctic increase the probability that states engage in activities there. The prosperity of Arctic activities serves as a reminder to the international community that the issue of Arctic governance must be prioritised to avoid Arctic unsustainable development. As a major stakeholder besides the Arctic states, it is necessary to study China’s role in Arctic governance for its sustainable development to provide a reference for the diplomatic decision-making of other states. The paper selects international law as a perspective. It discusses China’s engagement in the development of international law related to the theme from the global, regional, and bilateral/multilateral levels. At the global level, China’s national role is characterized by engaging in global governance under the international rule of law for guarding the international order based on international law. At the regional level, China maintains the role of supporting and engaging in the Arctic Council, both before and after its establishment. At the bilateral and multilateral levels, China, as an Arctic stakeholder pursuing cooperation, has achieved many cooperation results. The paper holds that under China’s national roles, China’s engagement has affected the development of international law referred to the theme to some extent. Full article

(This article belongs to the Special Issue Preserving Community Interests in Ocean Governance towards Sustainability 2nd Edition)

17 pages, 437 KiB

Open AccessArticle

Why International Conciliation Can Resolve Maritime Disputes: A Study Based on the Jan Mayen Case

by Limin Dong

Sustainability 2023, 15(3), 1830; https://doi.org/10.3390/su15031830 - 18 Jan 2023

Cited by 2 | Viewed by 3255

Abstract

The settlement of maritime disputes is an important issue faced by many countries. Choosing an appropriate settlement method is the primary task of policy makers. International conciliation, which results from careful and systematic evaluation, could become the primary choice of dispute settlement. During conciliation, parties have dominant and final decision-making power over the settlement of disputes, and there is flexibility in the application of law and procedural rules. The Conciliation Commission provides independent third-party advice, and the political and time costs of dispute settlements are relatively low. These are core advantages of conciliation that attract the attention of decision makers. The willingness and diplomatic relations of disputing parties, existence of external pressure, economization of delimitation, and capacity of the Commission are key factors that affect the success of conciliation. The roles these factors play depend on their controllability and the strength of the disputing parties. The effects of dispute settlement with the assistance of the Conciliation Commission are systemic. The successful settlement of maritime disputes between Norway and Iceland in the context of the Cold War not only demonstrated that conciliation is of great value in resolving maritime disputes and promoting inter-state relations but also had considerable uniqueness. Many questions regarding international conciliation cannot be clearly answered by the Jan Mayen Case. Increased state practice and further in-depth research are needed. Full article

(This article belongs to the Special Issue Preserving Community Interests in Ocean Governance towards Sustainability 2nd Edition)

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19 pages, 495 KiB

Open AccessArticle

Daily Penalty System under Revision of the Marine Environment Protection Law in China: Review and Prospect

by Kang Zhang and Yen-Chiang Chang

Sustainability 2022, 14(22), 14994; https://doi.org/10.3390/su142214994 - 13 Nov 2022

Cited by 3 | Viewed by 2129

Abstract

The strictness of legal liability for the marine environment protects the marine space of China. Designed to impose the most severe punishment for polluting marine environmental violations, the use of a daily penalty system in maritime legislation has been developed from scratch and from the national to the local levels. Based on Article 73 of The Marine Environment Protection Law, the introduced factors, application, and innovative regulations of the daily penalty system are also hereby discussed. Although substantial progress has been made, the daily penalty system still faces two major obstacles, i.e., shortcomings in The Marine Environment Protection Law and the imperfection in the marine supporting laws, regulations, and local legislation. To this end, to provide an effective guarantee for marine administrative law enforcement and fundamentally solve the problem of the low law-breaking cost, the liability design of the daily penalty system should be improved by expanding the application scope, increasing the daily fine quota, and formulating specific applicable standards adaptable to the marine environment. In this case, a reference can also be provided for the revision of The Marine Environment Protection Law in China. Additionally, it is also suggested to enhance the relevant provisions of marine supporting laws, regulations, and local legislation. Full article

(This article belongs to the Special Issue Preserving Community Interests in Ocean Governance towards Sustainability 2nd Edition)

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