TY - JOUR
T1 - Do Alternative Dispute Resolution (ADR) and Track Two Processes Support Transboundary Marine Conservation? Lessons From Six Case Studies of Maritime Disputes
AU - Teff-Seker, Yael
AU - Mackelworth, Peter C.
AU - Vega Fernández, Tomás
AU - McManus, John
AU - Nam, Jungho
AU - Tuda, Arthur O.
AU - Holcer, Drasko
N1 - Funding Information:
Managing the proposed TBCA together would allow Tanzania and Kenya to mitigate the increasing threats and continue enjoying the ecological services and economic benefits this area provides. However, because of the different approaches applied by Kenya and Tanzania in marine resource management (Tuda et al., 2019), cooperation may bring about its own challenges. In recognition of the need to spur between country collaboration in marine conservation, the eighth Conference of Parties of the Nairobi Convention adopted a decision requesting support for the TBCA between Kenya and Tanzania. This initiative was supported by the Biodiversity program implemented by the Indian Ocean Commission (IOC) and the EU, in collaboration with the Wildlife Conservation Society. The main proposed form of support was to assess the institutional and legal instruments required to establish the TBCA as well as to build stakeholder engagement It has been recommended that the TBCA should be governed through shared management or joint management (UNEP, 2015), i.e., a partnership in which government agencies, local communities and resource users, NGOs and other stakeholders share the authority and responsibility for the management (Borrini-Feyerabend et al., 2000/2007; Tuda et al., 2019).
Funding Information:
This article was undertaken in the framework of COST Action 15121 “Advancing marine conservation in the European and contiguous seas” (MarCons; http://www.marcons-cost.eu), supported by COST (European Cooperation in Science and Technology).
PY - 2020/11/30
Y1 - 2020/11/30
N2 - By definition, marine protected areas (MPAs) and other effective area-based conservation measures (OECMs) address spatial aspects of the ecological processes and marine features. Such a requirement is especially challenging in areas where there is no clearly defined jurisdiction. However, in these areas, assigning sovereignty and rights can be achieved through bilateral or multilateral agreements, or with the use of alternative dispute resolution (ADR) tools such as mediation and arbitration. In some cases, states may engage in transboundary marine conservation initiatives to provide an entry point to enable wider collaboration. These processes can also evolve into a form of ‘environmental peacebuilding’ while ideally maintaining ecosystem functioning and resilience as a core goal. Conversely, MPAs and OECMs can also be used to assert maritime sovereignty rights over disputed waters, under the pretext of conserving marine habitats. This paper identifies emerging issues of conflict resolution and their interaction with transboundary marine conservation. While ADR focuses on negotiations and facilitated processes between state representatives (“track one diplomacy”), we also discuss other forms and levels of marine environmental peacebuilding and dispute resolution, particularly those between civil society organizations (“track two diplomacy”). The six case studies presented highlight areas of recent maritime conflict or border disputes in the Mediterranean Sea, the Red Sea, the West Indian Ocean, the Korean West Sea and the South China Sea. In all cases, high ecological value, vulnerable ecosystems, and the need to conserve ecosystem services provide a shared interest for cooperation despite on-going diplomatic difficulties. The strategies used in these cases are analyzed to determine what lessons might be learned from cross-border collaborative marine initiatives in situations of territorial dispute. The use of ADR tools and their ability to support joint marine initiatives are examined, as well as how such initiatives contribute to formal border negotiations. Other forms of inter-state dialogue and cooperation between local or civil organizations, circumventing formal treaties and negotiations between state leaders (‘track two’) are also investigated. Finally, other influencing factors, including third-party involvement, stakeholder interests, power dynamics, economic context, and socio-cultural aspects, are considered.
AB - By definition, marine protected areas (MPAs) and other effective area-based conservation measures (OECMs) address spatial aspects of the ecological processes and marine features. Such a requirement is especially challenging in areas where there is no clearly defined jurisdiction. However, in these areas, assigning sovereignty and rights can be achieved through bilateral or multilateral agreements, or with the use of alternative dispute resolution (ADR) tools such as mediation and arbitration. In some cases, states may engage in transboundary marine conservation initiatives to provide an entry point to enable wider collaboration. These processes can also evolve into a form of ‘environmental peacebuilding’ while ideally maintaining ecosystem functioning and resilience as a core goal. Conversely, MPAs and OECMs can also be used to assert maritime sovereignty rights over disputed waters, under the pretext of conserving marine habitats. This paper identifies emerging issues of conflict resolution and their interaction with transboundary marine conservation. While ADR focuses on negotiations and facilitated processes between state representatives (“track one diplomacy”), we also discuss other forms and levels of marine environmental peacebuilding and dispute resolution, particularly those between civil society organizations (“track two diplomacy”). The six case studies presented highlight areas of recent maritime conflict or border disputes in the Mediterranean Sea, the Red Sea, the West Indian Ocean, the Korean West Sea and the South China Sea. In all cases, high ecological value, vulnerable ecosystems, and the need to conserve ecosystem services provide a shared interest for cooperation despite on-going diplomatic difficulties. The strategies used in these cases are analyzed to determine what lessons might be learned from cross-border collaborative marine initiatives in situations of territorial dispute. The use of ADR tools and their ability to support joint marine initiatives are examined, as well as how such initiatives contribute to formal border negotiations. Other forms of inter-state dialogue and cooperation between local or civil organizations, circumventing formal treaties and negotiations between state leaders (‘track two’) are also investigated. Finally, other influencing factors, including third-party involvement, stakeholder interests, power dynamics, economic context, and socio-cultural aspects, are considered.
KW - alternative dispute resolution
KW - arbitration
KW - marine conservation
KW - marine protected areas
KW - maritime dispute
KW - mediation
KW - science diplomacy
KW - track two diplomacy
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U2 - 10.3389/fmars.2020.593265
DO - 10.3389/fmars.2020.593265
M3 - Article
AN - SCOPUS:85097623684
VL - 7
JO - Frontiers in Marine Science
JF - Frontiers in Marine Science
SN - 2296-7745
M1 - 593265
ER -