This book argues for the utility of human rights in the practice of ocean governance.Maritime spatial planning (MSP) has become the dominant marine management paradigm, with MSP frameworks already at various stages of elaboration and implementation in more than half of all coastal states. However, as experience with MSP accrues, a central systemic shortcoming has become apparent, insofar as the normative frameworks that underpin MSP tend to be grounded in a rationalistic and economistic worldview. The result is a post-political, neoliberal approach to the implementation of MSP, which favours technocratic ‘fixes’ to complex societal problems over efforts to address underlying issues of power and inequality. Building upon the new field of critical MSP studies, this book offers a much-neglected legal contribution. More specifically, it analyses the extent to which law, and particularly human rights law, can be utilised to meaningfully challenge the unjust patterns of human-ocean interaction that MSP preserves or creates, and so provide a vehicle for the formulation and realisation of transformative blue futures. The book looks to human rights as norms that are uniquely capable of bringing into relief the values, cause-and-effect relationships, and uncertainties that prevailing capitalist-industrial framings of the ocean tend to downplay or, worse, disregard. And so, from a more pragmatic viewpoint, the book argues that the policy and advocacy tools associated with human rights can be used within MSP processes to foster patterns of human-ocean interaction which are more conducive to social and environmental justice.This book will be of interest to legal and planning scholars, geographers, and others concerned with ocean governance and the ‘blue turn’ in the social sciences and humanities more generally.
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This book argues for the utility of human rights in the practice of ocean governance.
Acknowledgments vii1 Introduction 12 The Oceanic imaginary in Western culture, thought, and law: archetypes and alternatives 151. Introduction 152. The ghosts of oceanic imaginaries past 172.1. The oceanic sublime, fear, and the allure of the unknown 172.1. The advent of the geo-coded ocean and the birth of the modern law of the sea 192.2. Winds of ‘progress’, tide of resistance 223. Maritime territorialisation under the LOSC: old legacies, new institutions 273.1. An introduction to coastal state jurisdiction 293.2. The blind spots of maritime sovereignty 354. Maritime territorialisation under MSP: a missed opportunity for transformation? 394.1. The emergence and early evolution of MSP 414.2. The legal framework for MSP in the EU 434.3. The critical turn in MSP studies 475. The untapped potential of human rights 525.1. Horizons established 535.2. Horizons expanded 556. Conclusion 673 The ecosystem approach in marine planning and management: from ‘productively ambiguous’ to normatively productive 981. Introduction 982. Ecosystem-based marine planning and management under EU law 992.1. The ecosystem approach as an exercise in scientific and technological-managerial rationality 1012.2. The ecosystem approach as a locus of scalar politics and struggles 1142.2.1. Connecting the dots between ecological and geographic conceptions of scale 1162.2.2. The legal scaling of ecosystem-based marine planning and management in the EU 1253. Ecosystem-based marine planning and management under international biodiversity law 1323.1. The ecosystem approach as a vehicle for communitybased management 1343.2. The ecosystem approach as a vehicle for upholding and cultivating relational values 1414. Conclusion 1454 The maritime dimension of EU territorial action: towards just blue futures? 1691. Introduction 1692. The rise and maturation of EU territorial action 1712.1. The birth of cohesion policy (1957–1989) 1722.2. The emergence of European spatial planning (1989–1999) 1752.3. Territorial cohesion (1999–present) 1802.4. EU territorial action coming of age? The European Social Model and its spatial and ecological dimensions 1843. European imaginaries of maritime territorial vulnerability, equity, and solidarity 1893.1. Locating spatial justice 1913.2. Territorial vulnerability as spatial peripherality and functional marginality 1963.3. Territorial vulnerability as ecological and cultural sensitivity 2003.4. Prospects for the ‘insurgent architects’ of Europe’s blue futures 2074. Conclusion 2145 Conclusion 238Index 246
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Produktdetaljer

ISBN
9781032519593
Publisert
2023-12-12
Utgiver
Vendor
Routledge
Vekt
644 gr
Høyde
234 mm
Bredde
156 mm
Aldersnivå
U, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
254

Forfatter

Om bidragsyterne

Mara Ntona is Lecturer in Human Rights and Environmental Law at the University of Strathclyde, Glasgow, UK.