The theme of this thesis is that ecologically sustainable coastal management (ESCM) is achievable through the application of law. Once the legal principles and the administrative structures that that law supports have been put into place a framework is created within which the goal of ecologically sustainable development - 'Development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends' can be realised. This thesis approaches the task by analysing the components of ecologically sustainable development (ESD), synthesising them into a set of principles for achieving ESCM and then, by using a comparative approach, devising a number of recommendations, which, if followed, will enable ESCM to be achieved. While the focus is on ESCM, the recommendations could be applied with minimal adaptation, to most, if not all, natural resource management. The thesis is divided into five Parts. Part A looks at the function of law in ESCM and proposes a theoretical model for a legal and administrative regime to be tested in the remaining Parts. Part B considers the context for ESCM and the policies and approaches followed by the different jurisdictions compared throughout this thesis, in addressing sustainable development, with emphasis in chapter four on devising the principles for ESCM. These principles are then developed and analysed in the remaining Parts of the thesis. Part C looks at the current constitutional legal regime for the coastal zone in each jurisdiction and then moves on to consider the first two of the principles for ESCM, international responsibilities and integrated coastal zone management, linked together in this part by the direct dependence on law as the agent for management Part D is about the four remaining principles of ESCM - the practical instruments for achieving ESCM. These are environmental impact assessment, public participation, coastal planning and economic instruments. In the last Part, Part E, the suggested principles for ESCM are brought together and, by a comparison of the various legal and administrative mechanisms used in the jurisdictions reviewed in this thesis, recommendations for achieving ESCM are drawn up. It is suggested that implementation of these recommendations will achieve ecologically sustainable coastal management.
| Identifer | oai:union.ndltd.org:ADTP/264804 |
| Date | January 2003 |
| Creators | Macdonald, Roslyn |
| Publisher | Queensland University of Technology |
| Source Sets | Australiasian Digital Theses Program |
| Detected Language | English |
| Rights | Copyright Roslyn Macdonald |
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