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This book reviews the frameworks and implementation of marine,
fishery and coastal laws and policies in Chile, Mexico and Peru.
Chile, Mexico and Peru share biodiverse coastal and marine
environments which are being affected by unregulated and informal
developments, and thus share similar challenges. Each country is
currently at a different stage of advancement in their
institutional response to these complex challenges. By providing a
comparison of the frameworks, approaches and overall implementation
of policies and laws, this book acts as a tool to influence and
inform further efforts in conservation and sustainable use of
marine resources, particularly fisheries, in these countries and
others in Latin America and the Caribbean. A broad range of issues
are covered including food security, tourism, fisheries, oil and
mineral extraction from the seabed, wind power, coastal and marine
pollution and endangered species conservation. The chapters compare
how each country addresses these issues from an institutional,
legal and policy perspective. The book concludes by identifying
common lessons, reoccurring challenges and develops scalable
recommendations applicable to the case study countries and the
wider region. The book will be of interest to advanced students,
policy makers and researchers in marine and fishery science, law
and policy.
Demonstrating the shortcomings of current policy and legal
approaches to access and benefit-sharing (ABS) in the Convention on
Biological Diversity (CBD), this book recognizes that genetic
resources are widely distributed across countries and that
bilateral contracts undermine fairness and equity. The book offers
a practical and feasible regulatory alternative to ensure the goal
of fairness and equity is effectively and efficiently met. Through
a legal analysis that also incorporates historic, economic and
sociological perspectives, the book argues that genetic resources
are not tangible resources but information. It shows that the
existing preference for bilateralism and contracts reflects
resistance on the part of many of the stakeholders involved in the
CBD process to recognize them as such. ABS issues respond very well
to the economics of information, yet as the author explains, these
have been either sidelined or overlooked. At a time when the Nagoya
Protocol on ABS has renewed interest in feasible policy options,
the author provides a constructive and provocative critique. The
institutional, policy and regulatory framework constitute "bounded
openness" under which fairness and equity emerge.
Demonstrating the shortcomings of current policy and legal
approaches to access and benefit-sharing (ABS) in the Convention on
Biological Diversity (CBD), this book recognizes that genetic
resources are widely distributed across countries and that
bilateral contracts undermine fairness and equity. The book offers
a practical and feasible regulatory alternative to ensure the goal
of fairness and equity is effectively and efficiently met. Through
a legal analysis that also incorporates historic, economic and
sociological perspectives, the book argues that genetic resources
are not tangible resources but information. It shows that the
existing preference for bilateralism and contracts reflects
resistance on the part of many of the stakeholders involved in the
CBD process to recognize them as such. ABS issues respond very well
to the economics of information, yet as the author explains, these
have been either sidelined or overlooked. At a time when the Nagoya
Protocol on ABS has renewed interest in feasible policy options,
the author provides a constructive and provocative critique. The
institutional, policy and regulatory framework constitute "bounded
openness" under which fairness and equity emerge.
This book reviews the frameworks and implementation of marine,
fishery and coastal laws and policies in Chile, Mexico and Peru.
Chile, Mexico and Peru share biodiverse coastal and marine
environments which are being affected by unregulated and informal
developments, and thus share similar challenges. Each country is
currently at a different stage of advancement in their
institutional response to these complex challenges. By providing a
comparison of the frameworks, approaches and overall implementation
of policies and laws, this book acts as a tool to influence and
inform further efforts in conservation and sustainable use of
marine resources, particularly fisheries, in these countries and
others in Latin America and the Caribbean. A broad range of issues
are covered including food security, tourism, fisheries, oil and
mineral extraction from the seabed, wind power, coastal and marine
pollution and endangered species conservation. The chapters compare
how each country addresses these issues from an institutional,
legal and policy perspective. The book concludes by identifying
common lessons, reoccurring challenges and develops scalable
recommendations applicable to the case study countries and the
wider region. The book will be of interest to advanced students,
policy makers and researchers in marine and fishery science, law
and policy.
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