Ecosystem Approach to Salmon Mariculture: Charting Law and Policy Coordinates from Theory, International Law, and State Practice

Abstract

The Dissertation addresses the legal dimensions of an ecosystem approach to salmon mariculture. Its objective is to identify legal features that support, enable or obstruct the operationalization of an ecosystem approach in the planning and management of the activity. This objective is pursued through three consecutive analyses: theory, international law, and State practice. The Dissertation clarifies the concept of ecosystem approach to aquaculture through a critical analysis of the technical guidelines on ecosystem approach to aquaculture developed by the Food and Agriculture Organization of the United Nations. Building on the broader scholarship on ecosystems and the law, it develops a practical framework for analysis by identifying three distinct but interrelated dimensions of an ecosystem approach: a social process; a normative concept; and an adaptive and flexible approach. Each of these dimensions is linked to law and policy coordinates that facilitate operationalization as well as legal structures and principles in tension with the approach. The second analysis addresses international law and aquaculture. It identifies substantive and procedural obligations and standards for salmon mariculture planning and management, identifies their limitations, and regulatory gaps. It further clarifies the extent to which international binding agreements and policy instruments reflect the law and policy coordinates for an ecosystem approach to aquaculture. The third analysis addresses State practice through an assessment and comparison of salmon mariculture legal frameworks in four key producing countries: Norway, Chile, United Kingdom (Scotland) and Canada (Nova Scotia). Building on the three-dimensions of an ecosystem approach to aquaculture and the international obligations identified in earlier analyses, four more specific themes are assessed and compared: the recognition of ecosystem approach for aquaculture planning and management; the balancing of diverse ecological, social, and economic objectives in zoning and planning instruments; the legal instruments addressing ecosystem-level and cumulative impacts; and the adoption of adaptive and flexible management. The three-part analysis provides insights on the increasing recognition of the ecosystem approach as an environmental principle for decision-making in the aquaculture context. It further reveals a clear, yet recent and incomplete, evolution of aquaculture legal frameworks to address the more complex social and ecological interactions of salmon mariculture.