Marine Governance, Adaptation, and Legitimacy

Kirk, Elizabeth (2012) Marine Governance, Adaptation, and Legitimacy. Yearbook of International Environmental Law, 22 (1). pp. 110-139. ISSN 0965-1721

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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).

ID Code:37072
Deposited On:16 Sep 2019 10:33

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