A New Paradigm for Social License as a Path to Marine Sustainability

摘要: Traditional marine governance can create inferior results. Management decisions customarily reflect fluctuating political priorities and formidable special-interest influence. Governments face distrust conflicts of interest. Industries or confusing rules. Communities feel disenfranchised to affect change. The environment exhibits the impacts. While perceived harm diverse values priorities, disputed facts legal questions conflict, informed empowered public engagement prepares governments forge socially legitimate environmentally acceptable decisions. Integrity, transparency inclusiveness matter. This article examines positive contributions engaged communities make relates it social license. Social license suffers critique as vague manufactured. Here its traditional understanding extra-legal approval that give resource choices is broadened include a legally sanctioned power deliberate—social engage. starting hypothesis rests in tradition designating oceans assets for which hold fiduciary duties sustainable management benefiting current future generations. trust doctrine houses this custom. A procedural due process right should stem from public-asset classification afford stakeholders standing ensure policy accords with doctrinal principles. (free), prior, consent participation standard provides best practice decision-making. Building on theories law, social, science, we suggest robust deliberation use actors methods earn sustain their operate, while governmental legitimacy bolstered by assuring opportunities are available protected outcomes utilized.