Ecosystem-Based Management (EBM) and Ecosystem Services in EU Law, Policy and Governance

Abstract

Ecosystem-Based Management has become the dominant desired paradigm for environmental management globally yet what it entails and how it can be implemented presents many challenges. This chapter seeks to set out the legal bases for Ecosystem-Based Management (EBM) and Ecosystem Services in EU law and policy frameworks. It traces both concepts with a view to establishing how their legal status internationally and regionally has influenced their uptake within national governance frameworks. The rationale for EBM is to manage resources in a way that maintains the health of the ecosystem alongside appropriate human use of the marine environment, for the benefit of current and future generations, and accordingly is intrinsic to achieving sustainable development. EBM therefore represents two keys challenges for existing governance systems: firstly, the need to move away from sectoral based management and towards more integrated approaches and secondly, to embed the notion of ‘healthy’ ecosystems into all law and policy instruments. The chapter begins with the international and regional levels of governance and how both approaches have been incorporated. It then proceeds to a brief overview of the EU legal system, examines the key elements of biodiversity policy and conclude with a discussion and conclusions on whether these have enabled the implementation of EBM and ecosystem services.