Ocean management and rights of Nature
The case of the Galapagos in Ecuador and beyond
Bibliographic Data
| ID | 21520161 |
|---|---|
| Authors | Dorine E van Norren (0000-0002-2701-9313, Hague Institute for Global Justice, corresponding author), Chris de Blok (Van Hall Larenstein University of Applied Sciences) |
| Year | 2025 |
| Volume | 173 |
| Pages | 106564 |
| Publication date | 2025-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Marine Policy (JOURNAL) |
| Journal identifiers | ISSN: 0308-597X • E-ISSN: 1872-9460 |
| Publisher | Elsevier BV (PUBLISHER) |
| DOI | 10.1016/j.marpol.2024.106564 |
| OpenAlex | W4406011716 |
| Language | EN |
| References cited | 18 |
The expanded protection zone of Galapagos encircling sea territories of Ecuador, Colombia, Costa Rica and Panama (CMAR 1 1 Corredor Marino del Pacifico Este Tropical (CMAR) ) could incorporate a rights of Nature approach, 2 2 Nature with a capital to denote its sacredness in indigenous cosmology 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 3 The Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) was adopted on 19 June 2023 by the Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction convened under the auspices of the United Nations. remains to be seen. • Apply rights of Nature (RoN) to oceans, recognizing biocentric harmony with nature and indigenous Good Living. • Enhancing Marine Protected Areas (MPA) and corridors such as in Palau, enhancing adjacent biodiversity. • Start with marine protection zone of Ecuador, Colombia, Costa Rica and Panama (CMAR) regarding Galapagos. • Draw on the experience of RoN jurisprudence in Ecuador and InterAmerican Court of Human Rights. • Link it to ocean regime of biodiversity beyond national jurisdiction (BBNJ)
Business · Economics · Environmental protection · Environmental resource management · Geography · Political science · Coastal and Marine Management · Environmental law and policy · International Maritime Law Issues
| Citation velocity | historical |
|---|---|
| Highly cited | No |