In the vast and complex world of marine governance, a new study is making waves, offering insights that could reshape how countries manage their marine environments. The research, led by Xiaoping Li from the School of Law and Intellectual Property at Guangdong Polytechnic Normal University in Guangzhou, China, delves into the intricacies of China’s 2023 Marine Environmental Protection Law (MEPL 2023) and its potential to address the longstanding issue of fragmented administrative systems in unitary states.
The study, published in *Frontiers in Marine Science* (translated as “海洋科学前沿”), explores the tension between the integrity of marine ecosystems and the often-siloed administrative systems that govern them. Li and her team draw upon theoretical frameworks of holistic governance to investigate the institutional innovations introduced by the MEPL 2023. The research conducts a comparative analysis of institutional practices from the European Union’s Maritime Strategy Framework Directive, the Chesapeake Bay Watershed Agreement, and the Arctic MOSPA Agreement.
At the heart of the analysis is the examination of the responsibilities of each department at the central level, the local primacy at the local level, and a three-tiered responsibility framework encompassing “local primary responsibility, cross-regional coordination, and cross-departmental coordination.” This framework aims to address the fragmentation in marine governance, a critical issue for the energy sector, which relies heavily on marine environments for operations such as offshore drilling and renewable energy projects.
Li’s research highlights that the MEPL 2023 has effectively transformed local governments from passive implementers into proactive collaborators. However, it also identifies significant gaps in enforcement due to ambiguities in the delineation of vertical and horizontal responsibilities and the heterogeneous institutional structures at the local level.
To enhance intergovernmental cooperation, the study proposes targeted strategies from both legislative and enforcement perspectives. These include clarifying the specific responsibilities of administrative entities at all levels, establishing uniform enforcement standards, creating regional marine management committees, codifying coordinative mechanisms within the draft Ecological Environment Code, and developing a digital platform to support joint monitoring, emergency response, and cross-jurisdictional enforcement.
“The MEPL 2023 represents a significant step forward in marine governance,” Li explains. “However, its success hinges on the ability of different levels of government to work together effectively. Our research provides a roadmap for achieving this collaboration, which is crucial for the energy sector and other industries that depend on healthy marine ecosystems.”
The study offers a replicable and scalable governance model for unitary states within the context of comparative environmental law. It aims to achieve the United Nations Sustainable Development Goal 14, which focuses on conserving and sustainably using the oceans, seas, and marine resources.
As the energy sector continues to expand into marine environments, the insights from this research could be instrumental in shaping future developments. By providing a clearer framework for government coordination and enforcement, the MEPL 2023 and the strategies proposed by Li’s team could help ensure that marine ecosystems are protected while also supporting the sustainable growth of the energy sector.
In a world where the health of our oceans is more critical than ever, this research offers a beacon of hope and a practical path forward. As Li puts it, “The future of our marine environments depends on our ability to work together. This research is a step towards that future.”