A critical analysis of marine environmental indicators within regulatory and policy texts

The use of indicators within marine legislation and policy is a developing phenomenon worldwide. What is less apparent, however, is the effectiveness of such policies in prompting regulatory or remedial responses and achieving particular conservation objectives. Even less well-understood are the relationships that develop between the science, policies, and law in these regulatory frameworks. As such, it is imperative to reach an understanding as to how scientific, economic and social goals are interconnected, and how they in turn influence indicator development. This gap in understanding provides the rationale for this work, which is to explore and explain the way in which law, policy and science interface in the context of marine regulations. The overall aim of this thesis is to provide a detailed, critical analysis of marine environmental indicators within regulatory and policy texts at the international, European and national levels. Furthermore, it measures the effectiveness of such indicators, as well as their foundation within science, by providing an examination of the operational efficiency of marine environmental indicators, with an emphasis on the techniques and approaches used to accommodate indicators and similar devices. It also analyzes the resultant relationships that have evolved between science, policy and legislation, with a particular focus on the utilization of indicators within national marine industries. The thesis also evaluates the understanding and application of indicators by non-technical personnel by demonstrating through case law review the courts’ stance on the utilization of evidence and expert testimony. This research also examines a variety of indicators used in support of the environmental management of the national marine aggregate-extraction industry. The central argument of this thesis is that indicators are relevant within policy and legislative agenda – they create dialogue and bridge communication gaps. This thesis demonstrates that when founded upon the discussed criteria, indicators allow for effective communication and provide the opportunity to gauge the success of current marine management techniques within international, European and national set agenda. Whether scientifically or politically driven, they are crucial to the successful development and implementation of environmental policies and legislation world-wide. They cross various disciplines (scientific, political, legal) and when properly understood and applied, can assess progress in achieving political and legal goals, ensuring that the needs of humans and the environment are equally balanced.