Managing institutional overlap in the protection of marine ecosystems on the high seas. The case of the North East Atlantic

The existence of regional and global institutions with the mandate to regulate different human activities that impact on the marine ecosystems on the high seas has created a need for inter institutional coordination. The article examines the overlap and interaction between two regional institutions addressing the issue in the North East Atlantic high seas, namely the Commission for the Protection of the Marine Environment of the North-East Atlantic (the OSPAR Commission) and the North East Atlantic Fisheries Commission (NEAFC). The question raised is whether the overlaps between NEAFC and the OSPAR Commission represent a management problem. Applying insights from regime theory on institutional interplay, the study argues that the overlap in objective, but not in the activities that can be regulated, combined with structural overlaps, can give both supportive and obstructive policies. The study finds that when moving from the agenda setting to the implementation and assessment phases the cooperation has increased. We therefore see a development from a rather reluctant coexistence to a formal and more operative, and synergic, interaction. The study concludes that successful management of the high seas ecosystems requires horizontal interaction at both the international and national level, and that the interaction between NEAFC and the OSPAR Commission are used as a basis for integrating other institutions relevant for protecting vulnerable marine ecosystems in areas beyond national jurisdiction in the North East Atlantic.