The dynamics of the marine environment versus the rigid interpretation of nature conservation law
Rabaut, M.; Cliquet, A. (2009). The dynamics of the marine environment versus the rigid interpretation of nature conservation law, in: Rabaut, M. Lanice conchilega, fisheries and marine conservation: Towards an ecosystem approach to marine management. pp. 175-199
In: Rabaut, M. (2009). Lanice conchilega, fisheries and marine conservation: Towards an ecosystem approach to marine management. PhD Thesis. Ghent University: Gent. ISBN 978-90-8756-025-6. xvii, 354 pp.
Dynamics in the marine environment tend to be orders of magnitude higher than their terrestrial counterparts. The functioning of marine ecosystems depends on these high dynamics and takes therefore place at vast geographical scales. Furthermore, oceans and seas seem to be quite prone to be affected by global climate change. As marine ecosystems are threatened, conservation strategies are set out in international policy to face the large scale of the ecosystem. However, not only the scale is important to manage marine ecosystems, also ecosystem dynamics should have a prominent place in the strategies. Present chapter points out the risk of applying an (international) environmental law system in a narrow way, leading to a slow decision making process and the inflexibility of management programs. This strict interpretation of international legislation is therefore expected to fail in its aim of implementing a sustainable use of the sea. The Belgian case is developed as an example, pointing out that international (EU) legislation is too rigidly interpreted and decelerates the implementation rate. During the policy process of MPA-designation, objection was given to the protection of particular tube worm aggregations. The reluctance of protecting important reef structures is amongst others due to the fact that interpretation of nature conservation law is related to difficulties in adapting to natural developments that are not easy to predict or to model. So far, application of nature conservation law has been rather static. This is well illustrated in this chapter with the case study on the Belgian part of the North Sea. Nonetheless, in the case of the EU Habitats Directive, a more flexible approach is possible and needed. We therefore advocate a robust though flexible interpretation of environmental legislation in the marine environment, especially because a changing climate is altering the environment in an even more profound and more unpredictable way. We acknowledge this is a difficult exercise, as there is a risk of undermining the final goal of environmental legislation if increasing flexibility would be translated into looser protection.
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