In most coastal communities throughout the South Pacific customary rights to regulate access to vital and scarce resources evolved a long time ago. In many places, these systems have formed the basis of community-based marine management efforts. At the same time, national (fisheries and environmental) legislation regulates various aspects regarding the marine realm. The result is a legal pluralist situation – a circumstance that can affect the governability of coastal fisheries. This study draws on data from Fiji and Solomon Islands to examine how the national marine governance frameworks and customary/community-based marine resource management interact. Fiji has a centralized government and customary governance structures are fairly well defined. Various mechanisms exist that link the national and customary systems. In Solomon Islands customary systems and national governance authority are more dispersed and the latter is partly delegated to provincial governments. Here, partner organizations that engage in local marine management can play a vital role in bridging local and (sub-) national levels. The analysis of the two countries reveals that legal pluralist patterns can play out and be addressed differently. A deeper understanding of the interactions between national and customary marine governance systems can help to design procedures or legal mechanisms which optimize relations across levels and systems, and thus contribute to improving governance outcomes.
Rohe J.R., Govan H., Schlüter A. and Ferse S.C.A. (2019) A legal pluralism perspective on coastal fisheries governance in two Pacific Island countries. Marine Policy 100: 90-97. 10.1016/j.marpol.2018.11.020
@article{Rohe2019,
Title = {A legal pluralism perspective on coastal fisheries governance in two Pacific Island countries},
Author = {Rohe, Janne R and Govan, Hugh and Schlüter, Achim and Ferse, Sebastian C.A.},
Editor = {},
Journal = {Marine Policy},
Year = {2019},
Pages = {90-97},
Volume = {100},
Doi = {10.1016/j.marpol.2018.11.020},
Abstract = {In most coastal communities throughout the South Pacific customary rights to regulate access to vital and scarce resources evolved a long time ago. In many places, these systems have formed the basis of community-based marine management efforts. At the same time, national (fisheries and environmental) legislation regulates various aspects regarding the marine realm. The result is a legal pluralist situation – a circumstance that can affect the governability of coastal fisheries. This study draws on data from Fiji and Solomon Islands to examine how the national marine governance frameworks and customary/community-based marine resource management interact. Fiji has a centralized government and customary governance structures are fairly well defined. Various mechanisms exist that link the national and customary systems. In Solomon Islands customary systems and national governance authority are more dispersed and the latter is partly delegated to provincial governments. Here, partner organizations that engage in local marine management can play a vital role in bridging local and (sub-) national levels. The analysis of the two countries reveals that legal pluralist patterns can play out and be addressed differently. A deeper understanding of the interactions between national and customary marine governance systems can help to design procedures or legal mechanisms which optimize relations across levels and systems, and thus contribute to improving governance outcomes.},
}
TY - JOUR
AU - Rohe, Janne R
AU - Govan, Hugh
AU - Schlüter, Achim
AU - Ferse, Sebastian C.A.
TI - A legal pluralism perspective on coastal fisheries governance in two Pacific Island countries
T2 - Marine Policy
PY - 2019
SP - 90-97
VL - 100
DO - 10.1016/j.marpol.2018.11.020
AB - In most coastal communities throughout the South Pacific customary rights to regulate access to vital and scarce resources evolved a long time ago. In many places, these systems have formed the basis of community-based marine management efforts. At the same time, national (fisheries and environmental) legislation regulates various aspects regarding the marine realm. The result is a legal pluralist situation – a circumstance that can affect the governability of coastal fisheries. This study draws on data from Fiji and Solomon Islands to examine how the national marine governance frameworks and customary/community-based marine resource management interact. Fiji has a centralized government and customary governance structures are fairly well defined. Various mechanisms exist that link the national and customary systems. In Solomon Islands customary systems and national governance authority are more dispersed and the latter is partly delegated to provincial governments. Here, partner organizations that engage in local marine management can play a vital role in bridging local and (sub-) national levels. The analysis of the two countries reveals that legal pluralist patterns can play out and be addressed differently. A deeper understanding of the interactions between national and customary marine governance systems can help to design procedures or legal mechanisms which optimize relations across levels and systems, and thus contribute to improving governance outcomes.
ER -
