Ocean Governance A Way Forward
Ocean—a source of life, has been overused and heavily polluted. While the traditional approaches might not be able to solve the complexity of the ocean governance issues, there is a need to adopt a new way of thinking in order to deal with the current pro
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For further volumes: http://www.springer.com/series/10050
Yen-Chiang Chang
Ocean Governance A Way Forward
123
Yen-Chiang Chang School of Law Shandong University Hongjialou 5 250100 Jinan, Shandong People’s Republic of China e-mail: [email protected]
ISSN 2211-4165 ISBN 978-94-007-2761-8 DOI 10.1007/978-94-007-2762-5
e-ISSN 2211-4173 e-ISBN 978-94-007-2762-5
Springer Dordrecht Heidelberg London New York Library of Congress Control Number: 2011940781 Ó The Author(s) 2012 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Cover design: Deblik, Berlin Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Preface
Ocean—a source of life, has been overused and heavily polluted. While the traditional approaches may not be able to solve the complexity of the ocean governance issues, there is a need to adopt a new way of thinking in order to deal with the current problems. This book emphasises the importance of law and policy while generating ocean governance initiatives. ‘‘Good Ocean Governance’’ as a new way of thinking, needs to be supported by legislation and decision makers. It is, therefore, necessary to examine whether the idea of good ocean governance exists within the international legal system and is subsequently subject to transfer into the domestic law. During this transaction process, a number of examples provided from the United States, Canada and Australia demonstrate the broad picture. The picture would not be entirely clear without discussions on the governance of marine resources, ship recycling and marine pollution, the impact of maritime clusters as well as social and culture impact of ports. The ultimate aim of this book is to tease out more new ideas and talks on ocean governance issues.
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Contents
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Getting Into a New Era: Good Ocean Governance 1.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . 1.2 The Elements of Good Governance . . . . . . . . . 1.3 State Practice in Relation to Each Element of Good Governance . . . . . . . . . . . . . . . . . . . 1.4 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . .
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Good Ocean Governance and International Law . . . . 2.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.2 The Legal Governance Framework for the Oceans 2.3 International Law and Good Ocean Governance . . 2.3.1 The Rule of Law . . . . . . . . . . . . . . . . . . 2.3.2 Participatory . . . . . . . . . . . . . . . . . . . . . . 2.3.3 Transparency . . . . . . . . . . . . . . . . . . . . . 2.3.4 Consensus Based Decision Making . . . . . . 2.3.5 Accountability . . .
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