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Abstract(s)
By definition, marine protected areas (MPAs) and other effective area-based
conservation measures (OECMs) address spatial aspects of the ecological processes
and marine features. Such a requirement is especially challenging in areas where there
is no clearly defined jurisdiction. However, in these areas, assigning sovereignty and
rights can be achieved through bilateral or multilateral agreements, or with the use of
alternative dispute resolution (ADR) tools such as mediation and arbitration. In some
cases, states may engage in transboundary marine conservation initiatives to provide
an entry point to enable wider collaboration. These processes can also evolve into a
form of ‘environmental peacebuilding’ while ideally maintaining ecosystem functioning
and resilience as a core goal. Conversely, MPAs and OECMs can also be used to
assert maritime sovereignty rights over disputed waters, under the pretext of conserving
marine habitats. This paper identifies emerging issues of conflict resolution and their
interaction with transboundary marine conservation. While ADR focuses on negotiations
and facilitated processes between state representatives (“track one diplomacy”), we
also discuss other forms and levels of marine environmental peacebuilding and dispute
resolution, particularly those between civil society organizations (“track two diplomacy”).
The six case studies presented highlight areas of recent maritime conflict or border
disputes in the Mediterranean Sea, the Red Sea, the West Indian Ocean, the Korean
West Sea and the South China Sea. In all cases, high ecological value, vulnerable
ecosystems, and the need to conserve ecosystem services provide a shared interest
for cooperation despite on-going diplomatic difficulties. The strategies used in these
cases are analyzed to determine what lessons might be learned from cross-border
collaborative marine initiatives in situations of territorial dispute. The use of ADR tools
and their ability to support joint marine initiatives are examined, as well as how such initiatives contribute to formal border negotiations. Other forms of inter-state dialogue
and cooperation between local or civil organizations, circumventing formal treaties
and negotiations between state leaders (‘track two’) are also investigated. Finally,
other influencing factors, including third-party involvement, stakeholder interests, power
dynamics, economic context, and socio-cultural aspects, are considered.
Description
Keywords
Track two diplomacy Marine protected areas Marine conservation Maritime dispute Alternative dispute resolution Mediation Arbitration Science diplomacy
Citation
Publisher
Frontiers Media