Burns, V. orcid.org/0000-0003-4428-3041 (2023) Analysis of ocean ontologies in three frameworks: a study of law of the sea discourse. Environment and Planning E: Nature and Space, 6 (2). pp. 1138-1163. ISSN 2514-8486
Abstract
Legal frameworks have historically used a colonial territorialist approach to governing ocean space. The United Nations Convention on the Law of the Sea (1982) represents a theoretical departure from colonial territorialism. Instead, UNCLOS employs a functionalist logic approach that is based on principles of sovereignty and consent and uses administrative reasoning as a basis for decision-making. This paper investigates what ontological principles are employed in the development of UNCLOS and asks how these are reproduced in other frameworks. I consider whether ontologies can be extrapolated and studied as latent but agential positions in ocean law and governance frameworks and examine how they might be obstructive to the development of effective regional ocean governance. Lastly, I ask whether ontological principles can be reformed, and through what type of interventions this might be achieved. Results show that tenets of colonial territorialism persist in UNCLOS as terrestrialising practices that are reappropriated towards marine communities. Further, that there are fundamental ways in which ontological principles are obstructive to conservation goals in ocean governance frameworks. Lastly, while the structural reproduction of ontological principles between frameworks resists intervention, evidence suggests that interventionist legal mechanisms that displace anthropocentrisms may offer distinct opportunities for reform.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s) 2022. This article is distributed under the terms of the Creative Commons Attribution-NonCommercial 4.0 License (https://creativecommons.org/licenses/by-nc/4.0/) which permits non-commercial use, reproduction and distribution of the work without further permission provided the original work is attributed as specified on the SAGE and Open Access page (https://us.sagepub.com/en-us/nam/open-access-at-sage). |
Keywords: | Ocean ontologies; marine governance; anthropocentrism; UNCLOS; the Coral Triangle |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > Department of Geography (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 23 Sep 2022 12:45 |
Last Modified: | 12 Jul 2024 09:36 |
Status: | Published |
Publisher: | SAGE Publications |
Refereed: | Yes |
Identification Number: | 10.1177/25148486221110436 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:190698 |