Ocean Governance for the 21st Century: Making Marine Zoning Climate Change Adaptable

46 Pages Posted: 16 Jul 2011 Last revised: 3 Feb 2013

Robin Kundis Craig

University of Utah S.J. Quinney College of Law

Date Written: September 3, 2012

Abstract

The variety of anthropogenic stressors to the marine environment - including, increasingly, climate change - and their complex and synergistic impacts on ocean ecosystems testifies to the failure of existing governance regimes to protect these ecosystems and the services that they provide. Marine spatial planning has been widely hailed as a means of improving ocean governance through holistic ecosystem-based planning. However, that concept arose without reference to climate change, and hence it does not automatically account for the dynamic alterations in marine ecosystems that climate change is bringing.

This Article attempts to adapt marine spatial planning to climate change adaptation. In so doing, it explores three main topics. First, it examines how established marine protected areas can aid climate change adaptation. Second, the Article looks at how nations have incorporated climate change considerations into marine spatial planning to increase marine ecosystem resilience, focusing on the international leader in marine spatial planning: Australia. Finally, the Article explores how marine spatial planning could become flexible enough to adapt to the changes that climate change will bring to the world’s oceans, focusing on anticipatory zoning. Governments, of course, can establish marine zoning governance regimes in anticipation of climate change impacts, as has already occurred in the Arctic. However, drawing on work by Josh Eagle, Barton H. Thompson, and James Sanchirico, this Article argues that governments could also combine anticipatory zoning and closely regulated marine use rights bidding regimes to encourage potential future private users to make informed bets about the future productivity value of different parts of the ocean, potentially improving both our knowledge regarding climate change impacts on particular marine environments and ocean governance regimes for climate-sensitive areas.

Keywords: marine spatial planning, ocean zoning, climate change, marine protected areas, MPAs, Papahanaumokuakea Marine National Monument, Great Barrier Reef, use rights, ocean governance, marine governance

Suggested Citation

Craig, Robin Kundis, Ocean Governance for the 21st Century: Making Marine Zoning Climate Change Adaptable (September 3, 2012). Harvard Environmental Law Review, Vol. 36, No. 2, 2012, pp. 305-350 ; FSU College of Law, Public Law Research Paper No. 509. Available at SSRN: https://ssrn.com/abstract=1887326

Robin Kundis Craig (Contact Author)

University of Utah S.J. Quinney College of Law ( email )

383 South University St.
Salt Lake City, UT 84112-0730
United States
801-585-5228 (Phone)

HOME PAGE: http://https://faculty.utah.edu/u0793211-ROBIN_KUNDIS_CRAIG/biography/index.hml

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