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Towards a transboundary marine protected area network in the CARICOM Caribbean: Charting a course from international and regional policy

Posted on:2011-07-03Degree:LL.MType:Thesis
University:Dalhousie University (Canada)Candidate:Lancaster, Alana Malinde Soma NkeseFull Text:PDF
GTID:2446390002965165Subject:Law
Abstract/Summary:
The concept of transboundary marine protected area (TBMPA) management is a marine spatial concept that builds upon, and marries two concepts -- that of the marine protected area (MPA) and the transboundary protected area (TBPA). The basis of the TBMPA principle is for states to come to a legal agreement to largely ignore the political boundaries within an identified area, and pursue management based on the characteristics of the ecosystem, and not of the political demarcation. In so doing, states may bring about more effective biodiversity protection, foster improved relations between themselves, and accrue a range of other social, cultural and economic benefits. The concept evolved out of the recognition of the need to effectively address the sustainable management of the shared living marine resources and the challenges states face to achieve this goal. This Thesis seeks to identify the extent to which the international and regional legal regimes provide a supportive framework for TBMPA as a marine management tool in the CARICOM Caribbean, and within the context of this framework identify the options available to CARICOM states to pursue this strategy.Keywords: transboundary marine protected area legal and institutional framework ocean governance marine spatial planning CARICOM CaribbeanThe Research found that while there exists a high incidence of the use of MPAs as a tool for marine management in the CARICOM Caribbean, and a substantial degree of endorsement of the relevant international and regional legal regimes for TBMPA management, there was lack of comprehensive and effective management of the Region's marine resource. The Region has thus set sail on a journey toward the development and protection of the marine environment in the Caribbean largely by means of the Cartagena Convention and its Protocols, but has been driven off course by fragmented and unconsolidated actions. It therefore needs to urgently adopt a more efficient and effective course of action to ensure the future of the ecologically and economically important marine resource. The course forward would seem to necessitate the promulgation an Annex to the SPAW Protocol of the Cartagena Convention to address issues of transboundary management, and consolidate the administrative and decision making aspects in a manner that balances the decision making capacity of the CARICOM body with the scientific and technical expertise of the CEP. Additional support will also be necessary from other projects existing in the Region to address marine and coastal management issues. This coordination between administrative bodies and legal instruments would ensure non-duplication of efforts, optimisation of resources available for marine governance in the Region, and empower states to steer the vessel of ocean governance in the CARICOM Caribbean in a direction that is in the best interest of all regional stakeholders.
Keywords/Search Tags:CARICOM caribbean, Transboundary marine protected area, Regional, Management, TBMPA, Course
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