Embedding Law in Participatory Processes Enables an Ecosystem Approach to Marine Decision Making: Analysis of a North Sea Example

Abstract

In Scotland, marine spatial planning (MSP) is still both a new idea and a new legal process. The legislation and policy enacted and developed to implement MSP has been subject to a long gestation period followed by extensive consultation.1 The recent development of laws in the UK and Scotland reflects a particular UK and Scottish perspective on MSP but also the emerging EU law and policy on maritime spatial planning.2 Integral to the new MSP regime is the requirement to adopt and enshrine in law an ecosystem approach to marine decision-making.3 Implementing the ecosystem approach is a novel and challenging idea, in terms of both process and outcomes. There is also no generally accepted method for its implementation in marine planning.