University of Wollongong Research Online University of Wollongong Thesis Collection 1954-2016 University of Wollongong Thesis Collections 2016 Developing Marine Protected Areas: Lessons from Environmental Justice Theories and Practice Huey-Shian Elly Chung University of Wollongong Follow this and additional works at: https://ro.uow.edu.au/theses University of Wollongong Copyright Warning You may print or download ONE copy of this document for the purpose of your own research or study. The University does not authorise you to copy, communicate or otherwise make available electronically to any other person any copyright material contained on this site. You are reminded of the following: This work is copyright. Apart from any use permitted under the Copyright Act 1968, no part of this work may be reproduced by any process, nor may any other exclusive right be exercised, without the permission of the author. 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Recommended Citation Chung, Huey-Shian Elly, Developing Marine Protected Areas: Lessons from Environmental Justice Theories and Practice, Doctor of Philosophy thesis, Australian National Centre for Ocean Resources and Security, University of Wollongong, 2016. https://ro.uow.edu.au/theses/4922 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: [email protected] Developing Marine Protected Areas: Lessons from Environmental Justice Theories and Practice A thesis submitted in fulfilment of the requirements for the award of the degree of DOCTOR OF PHILOSOPHY from the UNIVERSITY OF WOLLONGONG By HUEY-SHIAN ELLY CHUNG BA in Political Science, Soochow University, Taiwan MA in Political Science, National Sun Yat-Sen University, Taiwan Australian National Centre for Ocean Resources and Security (ANCORS) Faculty of Law, Humanities and the Arts December 2016 CERTIFICATION I, Huey-Shian Elly Chung, declare that this thesis, submitted in fulfilment of the requirements for the award of Doctor of Philosophy, in the Australian National Centre for Ocean Resources and Security (ANCORS), Faculty of Law, Humanities and the Arts, University of Wollongong, is wholly my own work unless otherwise referenced or acknowledged. The document has not been submitted for qualifications at any other academic institution. Huey-Shian Elly Chung December 2016 i ii ABSTRACT Marine Protected Areas (MPAs) are one of the most comprehensive and prevalent tools to manage the oceans. The conceptual basis of MPAs is to zone ocean space for various purposes and manage the areas using regulations that provide a balance between conservation of the marine ecology and human activities. Numerous MPAs have been designated in every ocean region of the world. However, MPAs may result in justice concerns for different groups of marine users. Marine-related economic activities and job opportunities may be reduced due to restrictions on marine resource use and access under MPA regulations. The protection of the marine environment and its resources is important, but the rights and interests of marine users also need to be considered. This thesis argues that incorporating the concept of environmental justice into the design of MPAs can address justice concerns. It evaluates the discourse of justice in public affairs and environmental justice scholarship which is widely adopted in land- based environmental laws and policies, and examines its application in marine areas. The purpose is to critically analyse the application of an environmental justice approach to the design of MPAs to minimise the prospect of unfair outcomes in marine management. It examines the justice literature and the scholarship of MPAs, and conducts case studies. It presents a framework of MPA-based environmental justice which comprises the concept and principles of environmental justice in the context of MPAs. The framework serves as an analytical approach to assess the degree of environmental justice in current MPAs and can be transferred to a combination of process and management measures for establishing an environmental justice-based MPA. iii iv ACKNOWLEDGEMENTS It was an unforgettable adventure which I experienced a wide range of emotions and many difficulties but interesting intellectual discussions. Doing research might be a lonely process, but I cannot reach this stage without many people’s support and encouragement. I give my deepest gratitude to my supervisors, Professor Warwick Gullett and Professor Greg Rose who provided immense generous expertise and insightful comments which assist me constructing the thesis structure and developing arguments. I truly appreciate Professor Warwick Gullett for being the first person who pointed out the Southern Cross on the sky to me in the first month of my PhD life in Australia. Since then, he has guided me every time I almost got lost in this journey and made me believe in myself. I thank him for making me grow professionally. To Annie Gullett, I deeply thank for being my friend and making my previous three years easier. I also thank Professor Greg Rose for having many highly intellectual and philosophical discussions with me, inspiring me thinking deeper and helping me articulating a comprehensive thought. I am grateful to have both of them who fully support my research interests. It has been a privilege to be supervised by them. To my ANCORS family, I would also like to thank all staff and members for creating a wonderful research environment. I sincerely thank Professor Martin Tsmenyi for his warm welcome when I enrolled. I thank Professor Stuart Kaye for generously allocating research resources for supporting me presenting my research findings in several international conferences. I appreciate Myree Mitchell for her kindness and encouragement during the past three years. During the thesis writing, I thank Dr. Lowell v Bautista, Dr. Yubing Shi, Dr. Carole Durussel, Dr. Kamal-Deen Ali, Dr. I Made Andi Arsana, Dr. Josie Tamate, Dr. Wayne Kuo, and Katie O'Neal who set good examples for me and inspired me in my PhD life. At the last stage before submission, I am very grateful for the proofreading and editing assistance provided by Dr. Mary Ann Palma- Robles. To my other ANCORS fellow friends and colleagues- Anh, Daisy, Duddy, Harriet, Brooke, Constance, Genevieve, Karen, Candice, Lora, Aurélie, Owen, Tiff and Shishir, I thanks for their companionship and friendship. I am indebted to the Australian Government and the University of Wollongong for granting me an International Postgraduate Research Scholarship and the Australian Postgraduate Award. Both of scholarships allow me concentrating on my research without financial concern. I am enormously grateful to Professor Nien-Tsu Hu for his valuable advice no matter in research or in personal life. I thank so much for the ongoing support from the first day I start my research. I specially thank Yu-Ling Lin for her encouragement and warm welcome every time when I visit the Center for Marine Policy Studies in the National Sun Yat-Sen University. Finally, I own endless thanks to my dearest family, my father, Dr. Chii-Day Chung and my sister Cherng-Shian Chung for their endless love and fully supporting me pursuing my dream without any worry. I dedicate this work to them. vi TABLE OF CONTENTS CERTIFICATION ............................................................................................................. i ABSTRACT ..................................................................................................................... iii ACKNOWLEDGEMENTS .............................................................................................. v TABLE OF CONTENTS ................................................................................................ vii LIST OF FIGURES ....................................................................................................... xiii LIST OF TABLES .......................................................................................................... xv LIST OF ACRONYMS ................................................................................................ xvii Chapter One: Introduction ................................................................................................ 1 1.1 Background ................................................................................................................. 3 1.1.1 MPAs as a Means for Managing Marine Activities ............................................. 4 1.1.2 Socio-economic Aspects of Justice and Equity Concerns in Marine Protected Areas and Current Solutions ........................................................................................ 10 1.1.3 The Need to Develop Justice-based MPAs ........................................................ 14 1.2 The Objective of the Research .................................................................................