Ocean management and rights of nature : the case of the Galapagos in Ecuador and beyond

Abstract

The expanded protection zone of Galapagos encircling sea territories of Ecuador, Colombia, Costa Rica and Panama (CMAR) could incorporate a rights of Nature approach, whereby prosecution of trespassers becomes more likely to be successful as cross boundary ecology is recognized in the rights of Nature approach and extra territorial application facilitated with positive effects for ocean governance. In the rights of Nature doctrine, anyone can stand up for Nature regardless of personal interest. The Galapagos sharkfin cases of 2015 and 2019 based on constitutional rights of Nature legislation in Ecuador demonstrate the preventative effect. This can be a first step towards recognizing ocean rights (as a substrand of rights of Nature). There are several options for implementation in CMAR. This fits into a wider buen vivir (good living in harmony with Nature) and development approach. Closing of areas for biodiversity protection has wider ecosystem effects (as Palau demonstrated) causing multiplication of species such as sharks outside the protection zones as well. Current levels of (CMAR and general) ocean protection are highly insufficient. The national Marine Protected Areas (MPAs) are too small in number. Moreover, the areas covered by MPAs do not always have high protection levels. The majority of areas beyond national jurisdiction are thus not protected. Which countries will ratify the new ocean protection regime (BBNJ) remains to be seen.