Law Goes Blue: A Phase towards a Sustainable Marine Life

Abstract

The blue economy concept gained significant momentum in Rio +20, where nations undertook the promise to embark on sustainable blue growth. The overexploitation of ocean resources has brought in a sustainable development crisis, and in response to tackling its challenges has emerged the concept of the Blue Economy, which encompasses the two competing discourses - exploiting the marine resources and ocean sustainability. Blue economy, therefore, offers a fresh approach to conserving the oceans while extracting its benefits equitably and sustainably. In an age where the emphasis is on the green economy, the blue economy tries to bolster it rather than replace it. Sri Lanka, due to its geographical location in the Indian Ocean, is blessed with maritime areas seven times larger than the land area, and it provides one of the frontiers for economic development. Fishing, sea transportation, tourism, seabed mining and minerals are the activities that have immense potential in providing sustainable livelihood. Findings of the existing literature on this topic show that they are not comprehensive nor give sufficient attention to the legislative framework of Sri Lanka in harnessing the emerging concept so as to attain sustainable development. Hence, there is a gap in the existing literature as no study has discussed the legislative and policy framework and the challenges in giving effect to the blue economy. Research Problem includes despite the fact that there are catena of environmental legislation enacted in the idea of protecting and preserving the nature and its riches to which extent the legislations could be utilized to promote the blue economy concept? The purpose of this research paper is to examine the existing legal framework that bolsters the emerging concept of the blue economy and the challenges in protecting the marine ecosystem in the Sri Lankan context. This paper, employing a doctrinal legal research methodology, examines the importance of the blue economy concept to the island as a whole and the legislative initiatives that have been taken by the government to honour the concept of the blue economy while preserving and protecting the marine ecology. To this end, the paper analyses the relevant national legislations and the International Conventions which constitute as primary sources and to a lesser extent the scholarly articles on the concept as secondary sources. The paper concludes that the existing domestic legal framework could be utilized successfully to implement the concept and highlights the fact that the decision-makers and the judiciary should be willing and committed to recognizing the concept and, at the same, time prioritizing the conservation of the marine ecosystem.