The international legal framework for the management of the global oceans social-ecological system
Bigagli, E. - \ 2016
Marine Policy 68 (2016). - ISSN 0308-597X - p. 155 - 164.
Ecological resilience - International law - Oceans - Social-ecological systems - UNCLOS
This paper evaluates the international agreements in place for the protection of the environment and the regulation of human activities taking place in world's oceans and seas. 500 multilateral agreements were reviewed against a framework of reference, grounded on the theoretical approaches of Adaptive Management and Transition Management. According to this framework, oceans complex systems management should: (1) consider the global oceans as a Social-Ecological System (SES); (2) aim to achieve or maintain their ecological resilience; and (3) implement iterative, learning-based management strategies, supported by science-based advice to policy and management. The results show that the present international legal framework for the global oceans does not require countries to adopt an adaptive, complex systems approach for global oceans ecological resilience. Instead, this study supports the perspective of a double fragmentation among international agreements. First, global agreements focus on issue-based objectives for determined human activities, ecological components or anthropogenic pressures. Second, regional agreements have a wider scope, but also a varying level of inclusion of ecological resilience considerations. There is the need to foster the inclusion of such an approach into existing and future international agreements and their implementation, including through soft-law, project-based initiatives at global and regional scales.
Reforming the UN Human Rights Protection Procedures : A Legal Perspective on the Establishment of the Universal Periodic Review Mechanism
Bernaz, Nadia - \ 2009
In: New Institutions for Human Rights Protection / Boyle, Kevin, Oxford University Press - ISBN 9780199570546
Human rights council - International law - Soft law - Treaty reporting procedures - Universal periodic review - UPR
This chapter analyses the universal periodic review (UPR) mechanism of the Human Rights Council from a public international law perspective. In a system purely modelled by law, it argues that human rights protection would enjoy both clear standards and efficient monitoring mechanisms. The purpose of the chapter is to assess the substantive and procedural aspects of the new mechanism against these ideal features. While safeguarding human rights at the international level should entail clear substantive law, rather uncertain standards were adopted for the UPR. From a procedural point of view, the establishment of the UPR could lead to a questioning of the very existence of the human rights treaties' reporting system, which indicates that the time may have come to re-examine the different UN human rights procedures with a view to rationalizing them.