Ocean management and rights of Nature: The case of the Galapagos in Ecuador and beyond

IF 3.5 2区社会学 Q2 ENVIRONMENTAL STUDIES

Marine Policy Pub Date : 2025-01-02 DOI:10.1016/j.marpol.2024.106564

Dorine Eva van Norren , Chris de Blok

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引用次数: 0

Abstract

The expanded protection zone of Galapagos encircling sea territories of Ecuador, Colombia, Costa Rica and Panama (CMAR¹) could incorporate a rights of Nature approach,² whereby prosecution of trespassers becomes more likely to be successful as cross boundary ecology is recognized in the rights of Nature approach and extra territorial application facilitated with positive effects for ocean governance. In the rights of Nature doctrine, anyone can stand up for Nature regardless of personal interest. The Galapagos sharkfin cases of 2015 and 2019 based on constitutional rights of Nature legislation in Ecuador demonstrate the preventative effect. This can be a first step towards recognizing ocean rights (as a substrand of rights of Nature). There are several options for implementation in CMAR. This fits into a wider buen vivir (good living in harmony with Nature) and development approach. Closing of areas for biodiversity protection has wider ecosystem effects (as Palau demonstrated) causing multiplication of species such as sharks outside the protection zones as well. Current levels of (CMAR and general) ocean protection are highly insufficient. The national Marine Protected Areas (MPAs) are too small in number. Moreover, the areas covered by MPAs do not always have high protection levels. The majority of areas beyond national jurisdiction are thus not protected. Which countries will ratify the new ocean protection regime (BBNJ)³ remains to be seen.

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来源期刊

Marine Policy Multiple-

CiteScore

7.60

自引率

13.20%

发文量

428

期刊介绍： Marine Policy is the leading journal of ocean policy studies. It offers researchers, analysts and policy makers a unique combination of analyses in the principal social science disciplines relevant to the formulation of marine policy. Major articles are contributed by specialists in marine affairs, including marine economists and marine resource managers, political scientists, marine scientists, international lawyers, geographers and anthropologists. Drawing on their expertise and research, the journal covers: international, regional and national marine policies; institutional arrangements for the management and regulation of marine activities, including fisheries and shipping; conflict resolution; marine pollution and environment; conservation and use of marine resources. Regular features of Marine Policy include research reports, conference reports and reports on current developments to keep readers up-to-date with the latest developments and research in ocean affairs.