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International Marine Environment Law: A Case Study in the Wider Caribbean Region
... It covers various aspects of land-based marine pollution and oil spills for which the Contracting Parties must adopt measures. In addition, the countries are required to take appropriate measures to protect and preserve rare or fragile ecosystems, as well as the habitat of depleted, threatened, or endangered species and to develop technical and other guidelines for planning and environmental impact assessments of important development projects in order to prevent or reduce harmful impacts (Sheehy, 2004). Sheehy (2004) notes that few countries have put in place the legal and administrative measures required to give effect to these agreements. ...
... In addition, the countries are required to take appropriate measures to protect and preserve rare or fragile ecosystems, as well as the habitat of depleted, threatened, or endangered species and to develop technical and other guidelines for planning and environmental impact assessments of important development projects in order to prevent or reduce harmful impacts (Sheehy, 2004). Sheehy (2004) notes that few countries have put in place the legal and administrative measures required to give effect to these agreements. ...
This article provides an overview of living marine resource governance in the Caribbean Large Marine Ecosystem (LME) and discusses how this relates to ecosystem-based management at the geographical scale of the LME. It also provides an overview of the approach to governance reform that will be taken by the Caribbean Large Marine Ecosystem and Adjacent Areas Project. The geopolitical complexity of the Caribbean region is such that regional governance appears to be more challenging there than in most other regions. The proximity of states leads to a high incidence of transboundary issues regarding living marine resources. The high proportion of small island developing states (SIDS), defined at the 1992 United Nations Conference on Environment and Development as countries facing specific social, economic, and environmental vulnerabilities, and high incidence of coastal use for industry, tourism, fisheries, and urban development leads to heavy impacts on coastal and marine resources. Regarding institutional arrangements, there are many organizations at regional and subregional levels already engaged in most aspects of marine resource management, sometimes in collaboration, sometimes in competition, and often in relative isolation. Likewise, at national and local levels there is a host of government and nongovernmental organizations with diverse aspirations and perspectives. The challenge then is to develop a regional approach that recognizes the existence of this diversity and works with it. The development of the Caribbean LME and Adjacent Areas Project has forced regional partners to reflect on the Caribbean living marine resource governance situation. It has led to the formulation and adoption of the LME Governance Framework. This framework, which departs somewhat from the conventional LME approach, appears to have the potential to meet the aforementioned challenge. It defines the relative roles of scientists, decision makers, and implementers at various levels and provides a basis for incremental implementation of improvements in governance.
... For effective governance, the focal point must be linked adequately to other sectors of national governments, to lower levels of government and to civil society organisations and stakeholders, and each player in this system should have the capacity to fulfil its role in governance. The patchy implementation of regionally agreed policies, e.g. as criticised by Sheehy (2004) in the Caribbean or Kirkman (2006) in East Asia, indicates that this is seldom the case. An additional limitation is that inter-governmental bodies can be wary of NGO and private sector participation in their affairs, especially where there is political sensitivity about marine border disputes, e.g. ...
... fisheries management). A case study by Sheehy (2004) states that national organisations have in many cases failed to implement the policies and actions agreed under CEP, for a variety of reasons: competing priorities in these under-developed countries, unsustainable consumption patterns driven by poverty (e.g. local fishing) or consumer lifestyle (e.g. ...
... Ideally, regional and international multilateral environmental agreements (MEAs) such as the CRFM and the Cartagena Convention/Specially Protected Areas and Wildlife Protocol should be reflected in national level policy. This is seldom the case (Sheehy, 2004). Few countries have national policy that incorporates a cohesive view of the Caribbean Sea as an integrating regional entity, or as a shared regional resource. ...
... This must at least take place via coordination of the many players to ensure they are acting in a consistent fashion with similar aims and according to the same norms. The Cartagena Convention and its SPAW Protocol may provide a good starting point for this but do not specify the nature of institutional arrangements that could serve this purpose and the lack of such a mechanism has made the former less effective than it should be (Sheehy, 2004). Ideally, the arrangement that will be developed to address Caribbean-wide governance for marine resources will provide a means for assessing and reporting on the Wider Caribbean marine ecosystem as a whole. ...
Living marine resources are critical for human well-being in the Wider Caribbean region. These are mainly fisheries resources which provide food and employment for many thousands of coastal inhabitants. Other non-exploited resources such as reef corals are also important in sustaining tourism. Many of these resources are transboundary and require collaboration for effective governance. The fact that many of the fisheries are small-scale makes this even more difficult. In this paper we address the governance needs for marine systems in the Wider Caribbean region through the evaluation of Institutional arrangements for governance (IAG) of transboundary marine resources. We observe that IAG in the region are weak or lacking, and issues of scale are the most challenging ones for this region given the range in size, development and capacity of the countries in the area. Existing organisations will need to be adapted for governance having been designed for other primary purposes. For instance, fisheries organisations are most well established but lack decision-making functions. There are no large fishery stocks from which to derive revenues to support a regional fisheries management organisation. Improved institutions must be tailored to Caribbean reality. Alternative models must be considered and evaluated with concerns such as cost, equitability and best use of expertise in mind. This paper is not prescriptive but outlines options and approaches for adequate regional governance of fisheries, including some pros and cons. There will be the need for a considerable amount of developmental work before feasible mechanisms can be proposed.
... Recognition of the importance of regional approaches to address both oceanic and land-based pollution led to the creation of several regional frameworks under the United Nations Regional Seas Program (RSP), including the Cartagena Convention [17,18]. The Convention was developed by the United Nations Environmental Programme as one of the specific actions coming out of the United Nations Conference on Environment and Development in 1972 [19]. Cartagena was intended to address, among other areas of marine management, conservation, and the aspects of pollution covered under the 1973/1976 International Convention for the Prevention of Pollution from Ships (MARPOL) [20]. ...
International agreements have been used to focus global attention on areas of both marine and terrestrial conservation concern. Currently, The Convention for the Protection and Development of the Marine Environment in the Wider Caribbean Region, known as the Cartagena Convention (Cartagena), is the only multilateral environmental agreement in force tht governs the marine environment of the Gulf of Mexico Large Marine Ecosystem (GoM-LME). The GoM-LME provides diverse habitats to maintain the high diversity of species, including endemic and endangered species, and provides natural resources for the United States, Cuba, and Mexico. This paper investigates the legal frameworks, currently recognized in the GoM-LME, to build a proposed tri-national framework. We investigated the selected multilateral agreements which currently govern conservation practices in the GoM-LME, and provide the legal context for decision-making at the national level. In addition, gaps in areas such as pollution, oil spill response, and species conservation were identified, providing the basis for the development of us to propose key elements of a tri-national agreement for the governance and biological conservation in the GoM-LME. The creation of a tri-national agreement which focuses conservation efforts in the Gulf of Mexico between the three GOM-LME countries, would allow their specific, regional conservation concerns to be comprehensively addressed.
... Relaxing standing requirements to citizens and environmental groups allows such groups to bring enforcement actions and increase the efficiency of environmental regulations. 213 Korea should adopt new provisions giving citizens increased standing in environmental suits. ...
The South Korean government designated three new Free Economic Zones in an effort to become the financial and logistical hub of Northeast Asia. One of these zones, the Incheon Free Economic Zone ("IFEZ"), will encompass 209 square kilometers of completely new development on reclaimed land and is said to be the biggest real estate development project currently in the world. China started using economic zones much earlier in history and although China experienced economic benefits, it also experienced severe environmental degradation in its highly successful special economic zones. Similarly tremendous economic growth will result from the influx of foreign direct investment into IFEZ, which is likely to result in some environmental harm. This Comment argues that with such high levels of concentrated development, the existing South Korean environmental regulatory system will not to be able to protect the natural environment within the IFEZ. Although many Korean environmental regulations were modeled after proven Western regulations, the Korean regulatory regime requires improvements. The current Korean environmental regulatory system is inadequate because of poor enforcement, narrow definitions of judicial standing and justiciability for purposes of judicial review, inadequate judicial remedies, and inadequate environmental laws. Comparison with U.S. environmental regulations provides evidence that South Korean environmental regulations lack mechanisms to adequately protect South Korea's natural resources. This comparison also shows some areas of the Korean environmental regulatory system that require change. Without government effort to enhance the effectiveness of existing regulations, South Korea will likely face the grave environmental degradation that China experienced. South Korea should make necessary changes to create a better regulatory system.
... It covers various aspects of landbased marine pollution and oil spills for which the contracting parties must adopt measures. In addition, the countries are required to take appropriate measures to protect and preserve rare or fragile ecosystems as well as the habitat of depleted, threatened or endangered species and to develop technical and other guidelines for planning and environmental impact assessments of important development projects in order to prevent or reduce harmful impacts (Sheehy 2004). Sheehy (ibid.) ...
... Currently classified as an endangered species in Belize, manatees have been legally have been cited as the most successful international agreements to come out of UNEP/CEP (Sheehy 2004). Article 10 of the Cartagena Convention specifically obligates Belize and other Contracting Parties to protect endangered species habitat and to establish protected areas. ...
The purpose of this study was to determine how manatees use Swallow Caye, Drowned Cayes, and Gallows Reef, three distinct habitat types within the Belize Barrier Reef lagoon system near Belize City. Data were collected using boat-based point scan methods with the assistance of volunteers. Presence/absence and photo ID methods ensured consistency of data collection despite a changing pool of volunteer researchers. Results confirmed the mangrove and seagrass ecosystem between the Belize Barrier Reef and Belize City as important manatee habitat. Inconsistent with the prevailing "seasonal distribution hypothesis" for manatees in Belize, the probability of encountering manatees at Swallow Caye and in the Drowned Cayes was equal between dry and wet seasons. However, manatees were only observed at Gallows Reef during the wet season. Swallow Caye had the highest probability of encountering manatees, confirming traditional knowledge held by local tour operators, which led to the establishment of Swallow Caye Wildlife Sanctuary in 2002. In contrast to previous studies, my data suggest that at least 44% of the manatee population carry scars from non-lethal boat strikes. The proportion of scarred animals did not vary as a function of habitat type, season, or year. The probability of encountering manatees did not change between years, despite an exponential increase in cruise ship tourism. Marine Protected Areas (MPAs) and wildlife protection laws indicate that Belize is working to meet obligations under international agreements. However, there is still cause for concern. Manatees do not remain inside designated refuge boundaries; governmental agencies depend on co-management agreements with local non-governmental organizations for enforcement of rules inside MPAs; regulations governing human behavior outside MPAs are lacking; funds for monitoring and evaluation of MPAs are lacking. Manatee conservation strategies should be integrated into a system of riverine, coastal, and marine protected areas supported by additional tactics such as required manatee training for boat captains, slow zones at hot spots outside MPAs, and continued educational outreach. With few modifications and increased enforcement and monitoring, the Belize model for manatee conservation could lead to a shared "triumph on the commons" for the manatees and the user groups that shared their habitat.
Understanding corruption is imperative for legal scholarship, both as an intellectual subject and because corruption impedes the operation of law in much of the world and inflicts damage on well-being, governance, and quality of life. Legal scholars have contributed substantial quantitative research on corruption; this paper adopts a qualitative methodology. The similarities and differences between Singapore and Malaysia present opportunities for research. Interviews with discussants in those two countries indicate a real difference in the degree to which corruption laws have been internalized. Differences in the degree of internalization suggest differences in the psychic costs imposed by violation of corruption laws. Discussions also reveal other costs considered by actors contemplating violation of the laws. Discussions also indicate that corruption manifests itself differently in each country, which does not comport with quantitative analyses that treat corruption as a unified, linear phenomenon. Finally, discussions suggest that corruption can be controlled.
An oil spill in July 2003 from the tanker Tasman Spirit attracted considerable public and media attention in Pakistan. This paper focuses on the experience of a developing country such as Pakistan in dealing with a major oil spill and its impact on bringing about change in the national regulatory framework. A major outcome has been the ratification of the International Convention on Civil Liability for Oil Pollution Damage 1992, which came into force in March 2006 in Pakistan. The convention provides a compensation mechanism for victims incurring oil pollution damages from maritime casualties involving oil laden ships. Several additional changes are still required to improve the country's ability to cope with marine oil spills. These include the development of a comprehensive domestic regulatory framework, implementation of an effective contingency plan, and capacity building of all relevant agencies.
Environmental Law in Latin America and the Caribbean: Overvew and Assessment
- A Katz De Barrera-Hernandez
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Katz de Barrera-Hernandez and A. Lucas, " Environmental Law in Latin America and the Caribbean:
Overvew and Assessment, " 12 Geo. Int'l Envtl. L. R., 207-245, p. 210.
94 Op cit.
95 Op cit, p. 212.
96 Op cit, 214.
The Other Mexico: The North American Triangle Complete (1995) 40
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J. Warnock, The Other Mexico: The North American Triangle Complete (1995) 40.
104 1976, 1982, and 1994.
Note: An Examination of Mexico and the Unreasonable
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Dames, " Note: An Examination of Mexico and the Unreasonable Goals of the United Nations
Conference on Environment and Development " (1998) 10
National Law Center for Inter-American Free Trade " Overview of the Environmental Laws of Mexico
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1A no page numbers.
102 Walker, op cit, p. 6
General Overview of Mexican Environmental Law
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S. Walker, "General Overview of Mexican Environmental Law" 1997, Southwest Texas State
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Protecting the Marine Environment of the Wider Caribbean Region: The Challenge of Institution-Building
The basis for this part of the discussion is M. Miller, "Protecting the Marine Environment of the Wider
Caribbean Region: The Challenge of Institution-Building." Green Globe Yearbook (1996) 37.
Overview of the Environmental Laws of Mexico
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Environmental Laws of Mexico" (1999) http://www.natlaw.com/pubs/spmxen13.htm at 2 July 2003, sec.
1A no page numbers.
536, who observes Mexico's announcement of relaxing standards for environmental impact studies, (apparently in response to the peso devaluation in the previous year) and in general
- In R Noted
- Cata
Noted, for example, in R. Cata, "Emerging Markets Liability in Latin America", 27 U. Miami, Inter.-Am. L.R. 509, at p. 536, who observes Mexico's announcement of relaxing standards for environmental
impact studies, (apparently in response to the peso devaluation in the previous year) and in general, Joel
Simon, Mexcio en Riesgo, (1998) Mexico, Editorial Diana, pp. 223-257.
Discussed generally in United Nations Office for Drug Control and Crime Prevention
Discussed generally in United Nations Office for Drug Control and Crime Prevention "Judicial
Corruption in Developing Countries: Its Causes and Consequences," March 2001, Vienna, CICP 14,
http://www.unodc.org/pdf/crime/gpacpublications/cicp14.pdf