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Chapter
Legal frameworks for community- based marine management
DOI link for Legal frameworks for community- based marine management
Legal frameworks for community- based marine management book
Legal frameworks for community- based marine management
DOI link for Legal frameworks for community- based marine management
Legal frameworks for community- based marine management book
ABSTRACT
Sustainable development necessarily requires the integration of environmental, cultural, social and economic considerations. Community-based environmental management (CBEM) projects provide an example of this integration at work, involving local communities in biodiversity conservation and the establishment of sustainable livelihoods. These projects are therefore at the interface of sociocultural and environmental concerns. The recent interest in CBEM is a trend that will not go away. Most importantly, it respects and recognises the important role that indigenous peoples have to play in addressing the multifaceted environmental concerns involving the marine environment. The law can assist communitybased initiatives by providing legislative provisions which recognise indigenous rights to land and resources and which create a favourable environment for their success.1 In particular enforcement can be facilitated by providing formal legal recognition of community-based marine management initiatives.2 If CBEM is to be ‘scaled up’ to address regional-and ecosystem-level goals, then these approaches and the supportive legal frameworks must be integrated with national and regional aims for the development of the coastal zone. The last decade has seen a rapid rise in the number of marine protected areas (MPAs) in the Pacific island region.3 The conservation mechanisms and tools utilised to conserve the marine environment varies considerably; from statecontrolled waters to locally managed marine areas. Of the independent small island developing states (SIDS) the Fiji Islands have, by far, the highest number of marine managed areas covering the largest area.4 This is followed by the Solomon Islands with a large number of sites, and Kiribati having fewer in number, but covering a larger area.5 In the previous chapter, the background to the Pacific context was considered. Here the focus is upon the specific case study countries and the legal approaches that have been taken to support community-based marine management. The chapter commences with a consideration of the Fijian context, where no formal legal support is provided and yet the Locally Managed Marine Area (LMMA) Network has achieved considerable success. This is followed by Samoa and
law-making power in Samoa, and central recognition of community-conserved areas in Vanuatu. These specific cases illustrate three very different approaches that have been taken. Also included are legal frameworks from other Pacific jurisdictions which might also offer valuable lessons.