Based on the above, the notion that fragmentation in international law-making is
inherently bad or undesirable and needs to be surmounted is rejected. These illustrations show that in some instances, having several organizations or regimes with
overlapping jurisdiction may increase the intensity of efforts to address a common
problem. Rather, the problem of fragmentation in relation to marine environmental
protection only becomes an issue where there are competing activities where
overlapping measures are adopted that are either inconsistent or in conflict with
each other. For instance, the establishment a protected area by a competent fisheries
organization in areas of rich biodiversity such as seamounts, wherein measures such
as bottom trawling are prohibited, will less likely achieve its objective of preserving
the ecosystem for fish stocks to recover if a separate and competent organization
decides to issue mining licenses in that area. Thus, what is most necessary in
addressing the concern of fragmentation is enhancing cooperation and promoting
coordination between the various actors and institutions involved in marine environmental protection.
As demonstrated above, there is ample evidence on how to enhance coordination
and cooperation between regimes. The institutionalization of information exchange
between treaty bodies, the execution of memoranda of understanding, the carrying
out of joint action plans, and the creation of collaborative expert working groups
play an important role in coordinating efforts and promoting cooperation among
regimes and actors in environmental law-making.
67 Increasing the participation of
various international organizations and scientific institutions by granting them
observer status within a particular regime also promotes coherence and collaboration
across regimes. This enables for the prior works, knowledge and experiences
generated from one regime concerning a related subject matter to be transported to
other regimes dealing with a similar concern without the latter having to reinvent the
wheel or start from scratch. Simultaneously, this reduces the likelihood of conflicting
results across regimes.
While fragmentation remains a valid concern due to the high number of organizations and actors involved in various areas, the negative consequences arising from
it may be averted through enhanced cooperation at all levels. Accordingly, the future
of ocean governance and protection of the marine environment will largely depend
on managing the negative effects of fragmentation through enhanced cooperation
and improving participation and transparency in decision-making.
67 Wolfrum and Matz (2003), pp. 159–175.
52
P. A. Singh
inherently bad or undesirable and needs to be surmounted is rejected. These illustrations show that in some instances, having several organizations or regimes with
overlapping jurisdiction may increase the intensity of efforts to address a common
problem. Rather, the problem of fragmentation in relation to marine environmental
protection only becomes an issue where there are competing activities where
overlapping measures are adopted that are either inconsistent or in conflict with
each other. For instance, the establishment a protected area by a competent fisheries
organization in areas of rich biodiversity such as seamounts, wherein measures such
as bottom trawling are prohibited, will less likely achieve its objective of preserving
the ecosystem for fish stocks to recover if a separate and competent organization
decides to issue mining licenses in that area. Thus, what is most necessary in
addressing the concern of fragmentation is enhancing cooperation and promoting
coordination between the various actors and institutions involved in marine environmental protection.
As demonstrated above, there is ample evidence on how to enhance coordination
and cooperation between regimes. The institutionalization of information exchange
between treaty bodies, the execution of memoranda of understanding, the carrying
out of joint action plans, and the creation of collaborative expert working groups
play an important role in coordinating efforts and promoting cooperation among
regimes and actors in environmental law-making.
67 Increasing the participation of
various international organizations and scientific institutions by granting them
observer status within a particular regime also promotes coherence and collaboration
across regimes. This enables for the prior works, knowledge and experiences
generated from one regime concerning a related subject matter to be transported to
other regimes dealing with a similar concern without the latter having to reinvent the
wheel or start from scratch. Simultaneously, this reduces the likelihood of conflicting
results across regimes.
While fragmentation remains a valid concern due to the high number of organizations and actors involved in various areas, the negative consequences arising from
it may be averted through enhanced cooperation at all levels. Accordingly, the future
of ocean governance and protection of the marine environment will largely depend
on managing the negative effects of fragmentation through enhanced cooperation
and improving participation and transparency in decision-making.
67 Wolfrum and Matz (2003), pp. 159–175.
52
P. A. Singh