The Ecosystem Approach in International Marine Environmental Law and Governance

Abstract

An ecosystem approach to the management of human activities in the marine environment began to feature as a normative concept in international instruments in the 1980s, beginning with the pioneering Convention on the Conservation of Antarctic Marine Living Resources. While an implicit basis for the ecosystem approach can be found in the 1982 Law of the Sea Convention, much of the additional conceptual development at the global level has occurred within the framework of the 1992 Convention on Biological Diversity. The subsequent widespread acceptance of the ecosystem approach has been described as a response to the failure of reactive and fragmented sectoral and zonal approaches to environmental protection and management. A consensus has emerged that a paradigm shift in thinking is needed, whereby traditional modalities of governance are replaced by proactive, integrative and holistic approaches involving adaptive management and greater cooperation between States, international institutions and other stakeholders in order to achieve effective and long-term, coherent implementation of policies across sectors. This chapter will discuss the origins and evolution of the ecosystem approach in international law, which can now be found in a wide range of international and regional instruments, including the regional seas conventions, fisheries management agreements, as well as the ongoing negotiations to develop an internationally legally binding instrument for the conservation and sustainable use of marine biodiversity beyond national jurisdiction. Finally, challenges to the operationalization of the concept in practice will be discussed.

Cumulative impact assessments highlight the benefits of integrating land-based management with marine spatial planning

“…In this context, specific interventions for conserving biodiversity are a cornerstone of ecosystem services protection (Duarte et al, 2020). Integrating a wide range of environmental, ecological and human factors, Ecosystem-Based Management (EBM) has emerged as a holistic and consensual approach to secure ecosystems' capacity to provide ecosystem services against local as well as distant human pressures (Enright and Boteler, 2020;Long et al, 2015;McLeod et al, 2005). Local management is key to both reducing exposure to local threats and improving resilience to global change (Harvey et al, 2018;Lefcheck et al, 2018;MacNeil et al, 2019;O'Leary et al, 2017;Roberts et al, 2017;Shaver et al, 2018;I.…”

Safeguarding marine life: conservation of biodiversity and ecosystems

“…As identified in our drivers of change for conservation of biodiversity and ecosystems, movement towards integrated, ecosystem-based management (EBM) will be a key factor in working towards a more sustainable future. Implementing EBM and ecosystem-based fisheries management (EBFM) has been a goal in international environmental laws – implicitly since the 1980s and, more recently, explicitly in legal instruments such as fisheries management agreements and in principles and guidance developed under the Convention for Biological Diversity (Enright and Boteler 2020 ). However, there remain significant challenges for its effective implementation through formal legal instruments, including the need for co-operation between agencies and more practical guidance about its implementation in different regions and at different governance scales, and the fundamental need for greater political willpower (Enright and Boteler 2020 ; Rudd et al 2018 ).…”

Waves of Change: Towards Ecosystem-Based Management to Climate Change Adaptation

“…With the consolidation of the EBM agenda, global agencies and commitments recognise its potential to promote sustainability and advocate for its implementation [27,41]. According to the Convention of Biological Diversity Secretariat, "There is no single way to implement the ecosystem approach (…).…”

“…Thus, including EBM at the foundation of public policies would be the first step to promoting and guiding action [25,26]. Although under different nomenclatures, many international agencies advocate and have included EBM in norms and proposals [27,28]. Even though many environmental policies and plans consider EBM principles, subtle and blurred references to such principles can undermine its implementation [28] since the lack of understanding of what EBM entails and how it translates into actions are still barriers to be overcome [25,26,28].…”