Effective Protection of the Marine Environment and Equitable Benefit Sharing in the Area: Empty Promises or Feasible Goals?

Willaert, Klaas

doi:10.1080/00908320.2020.1737444

Cited by 14 publications

(3 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…For example, the international legal framework governing seabed mining activities in the Area, which -despite its remote location -is part of the sacred ocean and may affectgui numerous marine species of cultural significance that migrate between coastal areas and high seas, contains very few provisions related to traditional knowledge and interests. Although the overarching status of the deep seabed and its mineral resources as the Common Heritage of Mankind (CHM) (article 136) reflects the idea of collective ownership and preservation for future generations, the associated measures and mechanisms have yet to be adequately implemented by the ISA (Willaert, 2020b) and no explicit references to traditional dimensions have been integrated in the Mining Code (Jaeckel et al, 2017;Bourrel et al, 2018). Moreover, overall improvements to the international regime for the deep seabed in terms of transparency and public participationwhich might serve as powerful catalysts to promote the integration and consideration of traditional knowledgein the relevant legal frameworks and decision-makingare certainly desirable (Willaert, 2020c).…”

Section: Integration Of Traditional Dimensions Into Regulatory Framew...mentioning

confidence: 99%

Traditional and Socio-Ecological Dimensions of Seabed Resource Management and Applicable Legal Frameworks in the Pacific Island States

Tilot

Guilloux²,

Willaert

et al. 2022

Perspectives on Deep-Sea Mining

Self Cite

View full text Add to dashboard Cite

HAL is a multi-disciplinary open access archive for the deposit and dissemination of scientific research documents, whether they are published or not. The documents may come from teaching and research institutions in France or abroad, or from public or private research centers. L'archive ouverte pluridisciplinaire HAL, est destinée au dépôt et à la diffusion de documents scientifiques de niveau recherche, publiés ou non, émanant des établissements d'enseignement et de recherche français ou étrangers, des laboratoires publics ou privés.

show abstract

Section: Integration Of Traditional Dimensions Into Regulatory Framew...mentioning

confidence: 99%

Traditional and Socio-Ecological Dimensions of Seabed Resource Management and Applicable Legal Frameworks in the Pacific Island States

Tilot

Guilloux²,

Willaert

et al. 2022

Perspectives on Deep-Sea Mining

Self Cite

View full text Add to dashboard Cite

show abstract

“…Without seemingly affecting the principles (arising from the CHM), the 1994 Implementation Agreement significantly reformed several underlying rules and mechanisms, further complicating the operationalization of the ideals embedded in Part XI of UNCLOS (Beurier, 2021). A lot of work remains to effectively implement the CHM concept in the run-up to the DSM exploitation phase (Willaert, 2020a) and there is still ample room for improvement with regard to transparency and public participation (Willaert, 2020b). Moreover, direct references to traditional knowledge and visions have not yet been integrated in the provisions of the "Mining Code, " this being the comprehensive set of rules and procedures issued by the ISA to regulate activities in the Area.…”

Section: International Legal Frameworkmentioning

confidence: 99%

Traditional Dimensions of Seabed Resource Management in the Context of Deep Sea Mining in the Pacific: Learning From the Socio-Ecological Interconnectivity Between Island Communities and the Ocean Realm

Tilot

Willaert

Guilloux³

et al. 2021

Front. Mar. Sci.

Self Cite

View full text Add to dashboard Cite

In many of the Pacific Islands, local communities have long-held cultural and spiritual attachments to the sea, in particular to species and specific marine areas, processes, habitats, islands, and natural seabed formations. Traditional knowledge, customary marine management approaches and integrated relationships between biodiversity, ecosystems and local communities promote conservation and ensure that marine benefits are reaped in a holistic, sustainable and equitable manner. However, the interaction between local traditional knowledge, contemporary scientific approaches to marine resource management and specific regulatory frameworks has often been challenging. To some extent, the value of community practices and customary law, which have provided an incentive for regional cooperation and coordination around ocean governance, is acknowledged in several legal systems in the Pacific and a number of regional and international instruments, but this important connection can be further enhanced. In this article we present a science-based overview of the marine habitats that would be affected by deep seabed mining (DSM) along with an analysis of some traditional dimensions and cultural/societal aspects of marine resource management. We then assess whether the applicable legal frameworks at different levels attach sufficient importance to these traditional dimensions and to the human and societal aspects of seabed (mineral) resource management in the region. On the basis of this analysis, we identify best practices and formulate recommendations with regard to the current regulatory frameworks and seabed resource management approaches. Indeed, the policies and practices developed in the Pacific could well serve as a suitable model elsewhere to reconcile commercial, ecological, cultural and social values within the context of deep sea mineral exploitation in addition to sustaining the Human Well-being and Sustainable Livelihoods (HWSL) of the Pacific communities and the health of the Global Ocean.

show abstract

“…Previous literature on Indonesia's DSM absence has been limited to its legal framework (Puspitawati, 2018) and lack of regional seabed regime (Nugroho and Putranti, 2018), when in fact the study of Indonesian DSM could have been explored through other fields of study. For instance, literature focusing on other countries has examined DSM practices via geopolitics (Childs, 2020), political economy (Childs, 2019;Filer and Gabriel, 2018), and state's preparedness (Willaert, 2020). As suggested by Carver et al (2020), there is a need to further scrutinise the practice of DSM from a multi-disciplinary perspective by using additional approaches, particularly social science.…”

Section: Introductionmentioning

confidence: 99%

Poliheuristic Theory and Indonesia’s Absence in Deep-Sea Mining (DSM)

Karim

Yudha

2021

Journal of Current Southeast Asian Affairs

View full text Add to dashboard Cite

Indonesia is among the many states that have become interested in conducting deep-sea mining (DSM) since it first became viable in the 1970s. However, it was during the administration of President Joko Widodo (2014–2019) that DSM became an important viable endeavour, with the increasing depletion of Indonesia’s mineral and metal reserves. Nevertheless, Indonesia is yet to undertake DSM activity. This article aims to explain the absence of DSM in Indonesia by analysing the political dimensions of the decision-making process during President Widodo’s administration. This research utilises the poliheuristic theory (PHT) of decision-making. It shows that Indonesia’s DSM absence is the result of conscious decisions made by President Widodo to avoid loss in public support and drop in popularity. This article contributes to expanding the study of non-event or non-decision, which has been largely ignored in decision-making literature in Indonesia.

show abstract

Effective Protection of the Marine Environment and Equitable Benefit Sharing in the Area: Empty Promises or Feasible Goals?

Cited by 14 publications

References 0 publications

Traditional and Socio-Ecological Dimensions of Seabed Resource Management and Applicable Legal Frameworks in the Pacific Island States

Traditional and Socio-Ecological Dimensions of Seabed Resource Management and Applicable Legal Frameworks in the Pacific Island States

Traditional Dimensions of Seabed Resource Management in the Context of Deep Sea Mining in the Pacific: Learning From the Socio-Ecological Interconnectivity Between Island Communities and the Ocean Realm

Poliheuristic Theory and Indonesia’s Absence in Deep-Sea Mining (DSM)

Contact Info

Product

Resources

About