scholarly journals Searching for a New Model of Governance in the High Seas: Game Theory Applied to International Commons Management

Mathematics ◽  
2021 ◽  
Vol 9 (19) ◽  
pp. 2516
Author(s):  
Manuel Coelho ◽  
José Filipe

In the last decade, the United Nations took important steps for the creation of a new instrument for biodiversity protection in areas beyond national jurisdiction. This put under discussion the central issues of international commons management and of the governance model for the High Seas. The aim of this paper is to discuss and evaluate critically the political negotiations already made and yet to come, as well as their rationale. For this purpose, the paper applies game theory to fisheries management to get insights. This research aims to contribute toward more qualified and grounded decisions. The key role of cooperation in the sustainable use of common resources is stressed.

2021 ◽  
pp. 13-45
Author(s):  
Nilufer Oral

The global commons, or common areas, are those areas that lie beyond the national jurisdiction and control of any state. In general, these areas include the deep seabed, the high seas, the atmosphere, the Moon and outer space, and Antarctica. However, other than falling under a common nomenclature there is no common regime that applies to these common areas, or global commons. This chapter examines the different regimes of common heritage, common concern, and the freedom of the high seas, as they apply to the different global commons looking at the specific case of the new international legally binding instrument for conservation and sustainable use of biological diversity in areas beyond national jurisdiction under negotiations at the United Nations. In conclusion the legal landscape that emerges for the global commons is one more of variation than commonality.


1999 ◽  
Vol 14 (1) ◽  
pp. 1-25 ◽  
Author(s):  
A.E. Boyle

AbstractModern fisheries law has for some time recognised the special interest of coastal states in the management of adjacent high seas fisheries. It has been slower to acknowledge a comparable interest on the part of high seas fishing states in the conservation and management of EEZ stocks by coastal states. This imbalance of rights and obligations between these two groups of states continues to be reflected in the fisheries articles of the 1982 UNCLOS and in the 1995 Agreement on Straddling and Highly Migratory Fish Stocks. Much of the Law of the Sea Convention is about balancing the interests of different groups of states, and maintaining that balance is one of the reasons for adopting the principle of compulsory binding dispute settlement of disputes in Part XV of the Convention. Disputes about straddling fish stocks are necessarily disputes about the balance between coastal and high seas fishing states, and more generally, about the interest of the international community in sustainable management of stocks. Despite the significant changes which the 1995 Agreement makes to the substantive UNCLOS fisheries law, it remains far from clear that disputes concerning coastal state overfishing or inadequate management of straddling stocks within its own EEZ can be the subject of any form of binding process initiated by another fishing state or entity, even if there is a serious impact on the viability of stocks in other EEZs or on the high seas beyond national jurisdiction. But while coastal states and high seas states may have unequal rights and obligations with regard to fisheries access and management, they do have an equal interest in access to dispute settlement options. Both share a need for authoritative interpretation of difficult and complex texts; in both cases compulsory dispute settlement may be required in the event of failure to reach agreement on the management of shared access to straddling stocks. To hold that only coastal states have the right to compulsory binding settlement in such cases is to stabilise and protect one side of an equitable balance while leaving the other side vulnerable to erosion and instability. The question whether disputes concerning all or part of a straddling stock fall inside or outside compulsory jurisdiction is thus more than a technical question of treaty interpretation. It poses some fundamental questions about the nature of equitable utilisation as a legal principle governing use of common resources. Both in the interests of equitable access to justice, and the effective management and sustainable use of straddling stocks, compulsory jurisdiction should apply to all aspects of such a dispute. The rights of coastal states


1973 ◽  
Vol 27 (1) ◽  
pp. 85-98 ◽  
Author(s):  
Thomas J. Volgy

As periodic stock–taking efforts would indicate,1students of international organizations have become increasingly sophisticated in the methods and techniques used for assessing the dynamics of international efforts at cooperation, and the impact of these efforts on the general stream of international politics. Nowhere has this been more true than in attempts by scholars to come to grips with the political processes acted out in the General Assembly of the United Nations. To para–phrase Keohane,2we have come to witness a change of focus from a somewhat static description of structures, rules and regulations, to analyses of patterns of voting behavior (and correlates thereof) to, finally, systematic analyses of patterns of interactions leading to votes and resolutions.


2017 ◽  
Vol 32 (1) ◽  
pp. 1-35 ◽  
Author(s):  
Andrew Friedman

In 2016, countries began meeting at the United Nations (un) to prepare for negotiations to develop an international legally binding instrument on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (abnj). How the instrument will relate to submarine cables, if at all, remains to be decided. The preparatory committee will address a “package” of issues, among them the application of area-based management tools, including marine protected areas (mpas) and environmental impact assessments (eias) to activities in abnj. eias and mpas already affect submarine cable operations in national jurisdictions. In abnj, a new instrument should formalize a cooperative framework with the cable industry to provide limited environmental management where necessary without over-burdening cable operations. This approach would be consistent with the un Convention on the Law of the Sea and could also inform governance with respect to other activities likely to be benign in abnj.


1948 ◽  
Vol 41 (1) ◽  
pp. 9-29 ◽  
Author(s):  
Herbert Chayyim Youtie

Among the Graeco-Oriental cults that shared the loyalties of the Mediterranean peoples during the first four centuries of our era, the religion of Sarapis occupied a commanding position. Throughout his career Sarapis was a worker of miracles, but no miracle of his doing ever equalled in historical significance the political thaumaturgy by which he was brought to life. A composite figure created in the last years of the fourth century B.C. by the first Ptolemy, for the purpose of binding together the divergent ethnic elements of Egypt, he was the Greek Pluto imposed on Apis, the Egyptian bull-god of Memphis, who became at death another Osiris, and specifically Osiris-Apis. The identification was of the usual syncretistic type, since Pluto and Osiris were both gods of the dead. As a newcomer Sarapis underwent a long probation at the side of Osiris and Isis, and although with characteristic inconsequence Sarapis never wholly supplanted Osiris, by the second century A.D. he had become, together with Isis, the most beloved figure of the native pantheon, while outside Egypt he was receiving the reverent attention of Greeks of the rank of Plutarch and Aristides. In great measure, the prestige of his magnificent temple at Alexandria and the unceasing flow of propaganda literature account for his eminence at this time. His greatest glory, however, was still to come. In the fourth century, when the approaching victory of the Christian cult threatened all pagan beliefs with extermination, Sarapis took on the rôle of a universal solar deity.


Author(s):  
Corell Hans

This chapter discusses the contributions of the United Nations to the development of the law of the sea during the period following the adoption of the United Nations Convention on the Law of the Sea (LOSC) in 1982. It covers preparing for the entry into force of the LOSC; informal consultations relating to the implementation of Part XI of the LOSC; establishing the Convention institutions after the entry into force of the LOSC; the Division for Ocean Affairs and the Law of the Sea (DOALOS); United Nations conferences on the human environment; the role of the General Assembly; the Meeting of States Parties to the LOSC; sustainable fisheries and straddling fish stocks and highly migratory fish stocks; the Oceans and Coastal Areas Network (UN-Oceans); the United Nations open-ended informal consultative process on oceans and the law of the sea; the so-called Regular Process; the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction; and piracy on the agenda of the Security Council.


2018 ◽  
Vol 51 ◽  
pp. 01007
Author(s):  
Lelde Metla-Rozentale

The globalization process has transformed substantially understanding of the issue of border. Revising borders is also seen in political science – in the area of political elite recruitment. Recruitment criteria and their importance are changing, including the importance of gender. In 1981 the United Nations General Assembly adopted the Convention on the Elimination of All Forms of Discrimination Against Women, which provides equal rights of genders in the political elite, the so-called “mirror representation”, i.e., in the political elite men and women should be represented proportionally according to their number in society [4]. It should be particularly stressed that the purpose of “mirror representation” is not only to ensure equal rights of genders, but first of all to improve the quality of politics. As soon as Latvia regained its independence in 1990, the complicated process of formation (recovery) of the democratic governance model started. In 1993 the first parliamentary elections were held, and by 2016 elections for eight parliamentary terms had been held [3]. In view of the complex political history of Latvia, it is interesting and important to clarify the role of gender in the Latvian parliamentary political elite recruitment process – what correlations can be observed with regard to the male and female share in the parliament during the period from 1995 till 2016, and the extent to which it complies with the sex ratio breakdown of the society.


2017 ◽  
Vol 5 (1) ◽  
Author(s):  
Fiona Wilkie

AbstractIn Renaissance and Restoration England, many popular plays functioned as “voyage dramas,” offering opportunities for vicarious tourism to their audiences (McInnis 2012). The theatre became one site in which to receive and negotiate information about elsewhere, at a time before mass access to travel was available. The tagline of London’s Young Vic theatre – “It’s a big world in here” – suggests that something of this spirit survives in twenty-first-century performance. It is a sentiment that we find also in the festival director Mark Ball’s assertion that “theatre is my map of the world.” But the version of the world created here is necessarily skewed by a politics of mobility (Cresswell 2010): the uneven frictions, routes, speeds, levels of comfort, and power relations affecting how theatre-makers and productions move around the world. And contemporary audiences are themselves likely to come to the theatre with multiple and unequal experiences of travel. This article asks what function contemporary voyage dramas serve in a context of the widespread mobility of people, finance, goods and ideas, and what might be the political challenges of representing travel in the theatre. It investigates the claim to authenticity, the negotiation of privilege and remoteness, and the role of the performer as mediator in theatrical travel narratives. In particular, it focuses on Simon McBurney’s solo performance


2014 ◽  
Vol 7 (4) ◽  
pp. 544-564 ◽  
Author(s):  
Federico Battera

This article argues that differences in Arab authoritarian regimes were mainly linked to the relationship between the state, the political party in power and the military. By exploring such differences in Tunisia, Egypt and Syria prior to the 2011 crisis, they are explained in the context of the political changes that ensued in the wake of the crisis. How the army played the dual role of instigating change while impeding it at crucial points in the transitional process is described. The mutual lack of autonomy between the state, the party and the military appears to have been a key factor in impeding change, whereas a clear separation of the functions of these institutions was more likely to enable political change to come about.


2017 ◽  
Vol 32 (4) ◽  
pp. 672-708 ◽  
Author(s):  
Genevieve C. Quirk ◽  
Harriet R. Harden-Davies

Abstract unga Resolution 69/292 requires that the development of an international legally binding instrument (ilbi) for the conservation and sustainable use of biodiversity in areas beyond national jurisdiction (abnj) under the United Nations Convention on the Law of the Sea should not undermine existing relevant legal instruments and frameworks and relevant global, regional and sectoral bodies. The South West Pacific regional oceans governance framework is reviewed, highlighting the importance of dedicated mechanisms for cooperation in the integration of regional institutions and in collective diplomacy for the development of an ilbi. It is argued a sufficiently inclusive description of existing arrangements under an ilbi is needed to not undermine the competence or integration of the regional architecture for oceans’ governance. Shared governance principles between an ilbi and existing regional governance architecture could play an important role in preserving coherence and contribute to ensuring regional standards for conservation of bbnj are not diminished.


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