Start Research
All
La privatisation des mers et des océans : du mythe à la réalité
IRJI - Institut de recherche juridique interdisciplinaire
Privatization is undoubtedly one of the oldest myths of the Law of the Sea, but its problematic appears completely revisited in the modern Law of the Sea where it corresponds to a new reality, at the crossroads between governance and privatization. Superseding the historical dialectic Mare Liberum versus Mare Clausum, it henceforth results in contemporary forms of private appropriation. It is primarily justified by an older but renewed myth, privatization as a tool for fisheries management (I), what presupposes both to privatize fisheries resources and maritime areas. But it also refers to a form of private environmental governance that is now at the heart of a new myth, privatization as an instrument for the protection of biodiversity (II), what leads not only to privatize areas under national jurisdiction and in the next future parts of the high seas, but also to entrust their management to environmental NGOs actually greatly dependent from industrial lobbies. The example of Seychelles is particularly emblematic because the transformation of the EEZ into a no-take marine protected area was initiated by NGOs in the framework of a debt swap, while the managing NGO authorizes, however, the exploitation of hydrocarbons and minerals. Avatar of the private governance that is a consequence and a product of the triumphant liberalism, the privatization of the oceans and seas is no more a myth but a reality. This legal evolution, however, is correlative to more global changes of the international system, and corresponds to a real shift in our society where politics appears to be more and more dependent on economy ; it is possibly too late to stop it, but if we are aware of what is going to happen maybe we could mitigate the effects to prevent the emergence of a less human world, at sea as well as ashore.
Ensnared: 21st-Century Aquaculture Law and the Coming Battle for the Ocean
The Environmental Law Reporter
As overfishing has depleted wild fisheries, U.S. policymakers have pushed aquaculture as an ideal paradigm for ocean fisheries. However, the public perception and myths of finfish commercial aquaculture are far from its reality. This Article examines the industrial aquaculture debate through the lens of Gulf Fishermens Ass’n v. National Marine Fisheries Service, where conservationists and fishermen challenged the first-ever rulemaking to set up a new aquaculture industry in U.S. federal waters. It gives an overview of industrial net pen aquaculture and its adverse environmental and socioeconomic impacts; offers an “aquaculture law 101” overview, providing the legal and regulatory basis; and recounts Gulf Fishermens and its ramifications for open ocean aquaculture. It then details the post-Gulf Fishermens efforts to continue to promote aquaculture development in U.S. waters and the current regulatory and litigation landscape, and concludes with “lessons learned” for the broader debate over the future of our oceans.
Article on TVXS on the sustainability of aquaculture in Greece
Archipelagos Institute of Marine Conservation
Privatisation from a coastal community perspective
Maritime Studies
This article explores processes and impacts of privatisation from the perspective of coastal communities, drawing on ideas of governance, rights and the Commons, as well as previous studies of privatisation and the associated phenomenon of ‘grabbing’. The analysis shows how diverse mechanisms of privatisation are reflected in five key dimensions, relating to (a) jurisdictions; (b) the range of rights; (c) magnitude of privatisation; (d) distributional implications; and (e) community perceptions. The practical aspects of these privatisation dimensions are illustrated through three coastal community examples, drawing on several years of participatory research, with various qualitative methods producing a set of insights from community participants. A key result relates to how the community perceives privatisation, which depends less on the generic attributes of privatisation and more on how well the outcomes fit with the community’s underlying values and strategic goals. Accordingly, among the many complexities of privatisation, attention to community perceptions may be especially important, particularly in terms of community reactions to privatisation of different forms. This fits with governance results from elsewhere, and reinforces the need to understand community aspects of the Commons, with implications for the ‘blue economy’ and the future of a possibly privatized ocean.
Landlords, leaseholders & sweat equity: changing property regimes in aquaculture
Marine Policy
Saving Martha | Keep King Island Fish Farm Free
Patagonia
Fish farms in Poros: Why the residents don't want them
Solomon
A quarter of the island in the Saronic Gulf is set to be dedicated to fish farming, increasing its activity by 670%. The municipal authorities and residents — who disagree with the plan — fear that the character of the island will change forever.
Is Aquaculture the New Factory Farming?
The Bittman Project
Industrialization has turned an ancient, sustainable practice into an ecological and social disaster. Can this be changed?