Marine governance, adaptation, and legitimacy

Elizabeth A. Kirk

    Research output: Contribution to journalArticlepeer-review

    Abstract

    From time to time, changes in behaviour, or in understanding, in the marine
    environment itself, or in society’s values, demand a change or a development in
    the law. At times, this development fits with the existing principles underpinning
    the law, but at other times it demands revision of those core principles. This
    necessity gives rise to a number of questions. Does such change always take
    place? Does, for example, the evolution of scientific understanding automatically
    lead to evolution in the law? If it does not, then how and why do changes come
    about in some regimes and not others? What do the answers to these questions
    tell us about international law or about the concept of legitimacy in international
    law and whether or not it is maintained during periods of change within regimes?
    These are the questions examined in this article with the aid of three issue areas:
    the adoption and maintenance of the whaling moratorium, dumping at sea, and
    fishing. In relation to fishing, a particular case study is also highlighted—the
    introduction of a discards ban within the European Union (EU).
    Original languageEnglish
    Pages (from-to)110-139
    Number of pages30
    JournalYearbook of International Environmental Law 2013
    Volume22
    Early online date6 Nov 2012
    DOIs
    Publication statusPublished - 2012

    Keywords

    • Governance
    • Advocacy coalitions
    • Transnational Networks
    • Multi-Dimensional Policy Networks

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