Interdisciplinary research is paramount to addressing ocean sustainability challenges in the 21st... more Interdisciplinary research is paramount to addressing ocean sustainability challenges in the 21st century. However, women leaders have been underrepresented in interdisciplinary marine research, and there is little guidance on how to achieve the conditions that will lead to an increased proportion of women scientists in positions of leadership. Here, we conduct in-depth qualitative research to explore the main barriers and enablers to women’s leadership in an academic interdisciplinary marine research context. We found that interdisciplinarity can present unique and additional barriers to women leaders (e.g., complexity and lack of value attributed to interdisciplinary research) and are exacerbated by existing gender-specific issues that women experience (e.g., isolation and underrepresentation and stereotyping). Together these barriers overlap forming the “glass obstacle course”—which is particularly challenging for women in minoritized groups. Here, we provide a list of concrete, ambitious, and actionable enablers that can promote and support women’s leadership in academic interdisciplinary marine research.
The profile of small-scale fisheries has been raised through a dedicated target within the United... more The profile of small-scale fisheries has been raised through a dedicated target within the United Nations Sustainable Development Goals (SDG14b) that calls for the provision of 'access of small-scale artisanal fishers to marine resources and markets'. By focusing on access to fisheries resources in the context of European Union, in this article we demonstrate that the potential for small-scale fishing sectors to benefit from fishing opportunities remains low due to different mechanisms at play including legislative gaps in the Common Fisheries Policy, and long-existing local structures somewhat favouring the status quo of distributive injustice. Consequently, those without access to capital and authority are faced by marginalizing allocation systems, impacting the overall resilience of fishing communities. Achieving SDG14b requires an overhaul in the promulgation of policies emanating from the present nested governance systems.
The designations employed and the presentation of material in this information product do not imp... more The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations (FAO) concerning the legal or development status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The mention of specific companies or products of manufacturers, whether or not these have been patented, does not imply that these have been endorsed or recommended by FAO in preference to others of a similar nature that are not mentioned. The views expressed in this information product are those of the author(s) and do not necessarily reflect the views or policies of FAO.
The introduction of the Green Development Mechanism (GDM) as a governance tool for biodiversity c... more The introduction of the Green Development Mechanism (GDM) as a governance tool for biodiversity conservation is presented as a legal transplant, originating in the Clean Development Mechanism from the climate regime. The case provides an instance of a transplanted legal idea not from one jurisdiction to another but between two transnational regimes. The legal transplantation approach highlights the motives for replication and factors that hinder it. In this context, the discussion reveals that while the GDM was constructed for effectiveness concerns, it was presented as a transplant in order to import to the newly established model legitimacy from the original one. Yet, a uniform acceptance of the transplant was prevented because of divergent evaluations of the original model. The existence of several, not one, ideologies and perceptions explains why transplanting is a highly unpredictable strategy for fostering acceptance of a legal idea in the transnational space, and ultimately f...
Penca examines the International Rights of Nature Tribunal (IRNT), exploring how and why the lang... more Penca examines the International Rights of Nature Tribunal (IRNT), exploring how and why the language and concept of an international tribunal is used. The aim of the chapter is to describe the endeavour aiming at legal authority, as an empirical fact, and flag some of the issues deserving of wider theoretical and practical study. The claim being made is that the disputes contemplated by the IRNT (which consist of disputes that fail to reach courts as well as those that are dissatisfied with the judicial rulings) constitute a valuable critique of where the existing international judiciary fails.
Improved access to markets by small-scale fisheries (SSF), as called by Sustainable Development G... more Improved access to markets by small-scale fisheries (SSF), as called by Sustainable Development Goal 14b and other global and Mediterranean policy documents, is impeded by the existing organisation of value chains and market structures, which are typically antagonistic to the nature of SSF. This article analyses the markets in the Mediterranean to map the drivers and feedback loops that keep fisheries in an unsustainable trajectory and reviews the key innovations in support of a socially, economically and environmentally sustainable small-scale fishing sector. We show how the current market is dominated by lack of product traceability and underappreciation of the inherent value of SSF products (e.g. local production, freshness, season dependence, quantitatively and culinary varied nature). In addition, due to a lack of organisation and the capacity to act, small-scale fishers are poised to have little to no influence over the price. In what we conceptualise as a response to the nega...
In order to advance both the mapping and theorizing of transnational law, this article considers ... more In order to advance both the mapping and theorizing of transnational law, this article considers a range of tactics used by small-scale fisheries (SSFs) in Europe and North America to improve market access, political influence, and legal recognition. Trans-national law enables the framing of initiatives not only as implementation practices that occur as a result of international law, but also as transnational regulation in support of SSFs. The article uses the case study of SSFs to draw attention to the rise of 'trans-national localism'. This is defined as the reinforcement of local-specific approaches (reflecting local ecologies, values, and socioeconomic specificities) within a transnational structure that provides support and recognition. It offers an alternative to the view that globalization necessitates global, uniform regulatory solutions. Transnational localism challenges the fascination with large certification schemes such as that administered by the Marine Steward...
The judgement by the Court of Justice of the EU in Case C-733/19 dismissed the request of the Kin... more The judgement by the Court of Justice of the EU in Case C-733/19 dismissed the request of the Kingdom of Netherlands to reverse the ban on pulse fishing to take effect in July 2021. The decision is concerned with the integration of inconclusive scientific evidence into policymaking as well as the application of the precautionary principle and the role of innovation in fisheries policy. The article reviews the factual background underlying the legal dispute and analyses the key aspects of the judgement relating to these issues. The case is a reminder of the obligation to base legislation on available scientific evidence, but also that a plurality of scientific knowledge is possible and that decisions may ultimately be informed also by other factors, such as values and ethical considerations. The case confirms that the precautionary approach applies to fisheries policy but could not be invoked to justify the introduction of fishing gear, whose impact and environmental benefit is uncertain. Finally, there is legal scope to pursue innovation in fisheries and the introduction of innovative fishing gear in particular, but this needs to support the principal goal of the long-term sustainability of fisheries.
To contribute to the debate about sustainable seafood consumption, this article considers the rol... more To contribute to the debate about sustainable seafood consumption, this article considers the role of mandatory food labeling. The article first flags the rise of a policy paradigm of shared responsibility and policy imperatives at various levels calling for increased integration of the citizen/consumer into public regimes, including in fisheries governance. It then explores the options available to citizen/consumers to engage in the fisheries regime in different stages of the value chain and evaluates their readiness to respond to the expectations. Mandatory food labeling of seafood is introduced as an under-unexplored governance tool, alongside the key enabling technological and policy trends. The rise of transparency and traceability, both as norms and a set of technological capabilities, is highlighted as an opportunity for implementation of mandatory seafood labeling. While recognizing equity challenges and various supplementary actions needed to ensure an effective behavioral ...
The COVID-19 pandemic unveiled the fragility of food sovereignty in cities and confirmed the clos... more The COVID-19 pandemic unveiled the fragility of food sovereignty in cities and confirmed the close connection urban dwellers have with food. Although the pandemic was not responsible for a systemic failure, it suggested how citizens would accept and indeed support a transition toward more localized food production systems. As this attitudinal shift is aligned with the sustainability literature, this work aims to explore the tools and actions needed for a policy framework transformation that recognizes the multiple benefits of food systems, while considering local needs and circumstances. This perspective paper reviews the trends in production and consumption, and systematizes several impacts emerged across European food systems in response to the first wave of pandemic emergency, with the final aim of identifying challenges and future strategies for research and innovation toward the creation of resilient and sustainable city/region food systems. The proposal does not support a retu...
In order to advance both the mapping and theorizing of transnational law, this article considers ... more In order to advance both the mapping and theorizing of transnational law, this article considers a range of tactics used by small-scale fisheries (SSFs) in Europe and North America to improve market access, political influence, and legal recognition. Transnational law enables the framing of initiatives not only as implementation practices that occur as a result of international law, but also as transnational regulation in support of SSFs. The article uses the case study of SSFs to draw attention to the rise of 'transnational localism'. This is defined as the reinforcement of local-specific approaches (reflecting local ecologies, values, and socioeconomic specificities) within a transnational structure that provides support and recognition. It offers an alternative to the view that globalization necessitates global, uniform regulatory solutions. Transnational localism challenges the fascination with large certification schemes such as that administered by the Marine Stewardship Council (MSC) in fisheries governance. It implies a need to reconcile transnational challenges with heterogeneous values and community approaches. To capture the simultaneous demand for the local and transnational within transnational law, this article proposes treating the described empowerment tactics within the scope of transnational standards. This requires a rethinking of standards away from fixed technical rules that are uniformly applicable across the globe.
Z izbruhom pandemije Covid-19 je instrument znanstvenega nasveta politiki (angl. science advice t... more Z izbruhom pandemije Covid-19 je instrument znanstvenega nasveta politiki (angl. science advice to policy) postal viden bolj kot kdajkoli prej. Ideja strukturiranega in stalnega oblikovanja priporočil odločevalcem s strani znanosti je v številnih državah uveljavljena že dlje. Ključne značilnosti uspešnega znanstvenega nasveta so neodvisnost sodelujočih, interdisciplinarna zastopanost ter transparentnost glede sprejemanja priporočil.
Z odločnostjo, s katero je politika zagrizla v reševanje učinkov pandemije Covid-19, bi nujno mor... more Z odločnostjo, s katero je politika zagrizla v reševanje učinkov pandemije Covid-19, bi nujno morala preprečevati naslednje-z obširnimi ukrepi za varstvo narave. // Izbruh epidemije Covid-19 je nezamisljivo pretresel našo družbo. Na nov virus smo se odzvali s pojasnjevanjem učinkov ter iskanjem rešitev; prilagodili smo javno življenje, zdravstveni sistem in preusmerili precej denarja v iskanje cepiva in omilitve družbeno-ekonomskih učinkov recesije. V tem zanosu so preveč spregledani razlogi za nastanek virusa in izoblikovanje trajnejše strategije za varnejšo ter boljšo prihodnost. Ta postavlja v središče varstvo okolja, bolj je občutljiva na socialno pravičnost, in je manj materialistična. Po raziskavah javnega mnenja v številnih državah si večina prebivalcev želi, da bi prav epidemija Covid-19 pomenila točko preobrazbe.
[Vigorous action by politicians in response to the outbreak of the Covid-19 pandemic should be replicated in designing the measures for preventing the next pandemic - plans for extensive nature conservation play a key role.]
Interdisciplinary research is paramount to addressing ocean sustainability challenges in the 21st... more Interdisciplinary research is paramount to addressing ocean sustainability challenges in the 21st century. However, women leaders have been underrepresented in interdisciplinary marine research, and there is little guidance on how to achieve the conditions that will lead to an increased proportion of women scientists in positions of leadership. Here, we conduct in-depth qualitative research to explore the main barriers and enablers to women’s leadership in an academic interdisciplinary marine research context. We found that interdisciplinarity can present unique and additional barriers to women leaders (e.g., complexity and lack of value attributed to interdisciplinary research) and are exacerbated by existing gender-specific issues that women experience (e.g., isolation and underrepresentation and stereotyping). Together these barriers overlap forming the “glass obstacle course”—which is particularly challenging for women in minoritized groups. Here, we provide a list of concrete, ambitious, and actionable enablers that can promote and support women’s leadership in academic interdisciplinary marine research.
The profile of small-scale fisheries has been raised through a dedicated target within the United... more The profile of small-scale fisheries has been raised through a dedicated target within the United Nations Sustainable Development Goals (SDG14b) that calls for the provision of 'access of small-scale artisanal fishers to marine resources and markets'. By focusing on access to fisheries resources in the context of European Union, in this article we demonstrate that the potential for small-scale fishing sectors to benefit from fishing opportunities remains low due to different mechanisms at play including legislative gaps in the Common Fisheries Policy, and long-existing local structures somewhat favouring the status quo of distributive injustice. Consequently, those without access to capital and authority are faced by marginalizing allocation systems, impacting the overall resilience of fishing communities. Achieving SDG14b requires an overhaul in the promulgation of policies emanating from the present nested governance systems.
The designations employed and the presentation of material in this information product do not imp... more The designations employed and the presentation of material in this information product do not imply the expression of any opinion whatsoever on the part of the Food and Agriculture Organization of the United Nations (FAO) concerning the legal or development status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. The mention of specific companies or products of manufacturers, whether or not these have been patented, does not imply that these have been endorsed or recommended by FAO in preference to others of a similar nature that are not mentioned. The views expressed in this information product are those of the author(s) and do not necessarily reflect the views or policies of FAO.
The introduction of the Green Development Mechanism (GDM) as a governance tool for biodiversity c... more The introduction of the Green Development Mechanism (GDM) as a governance tool for biodiversity conservation is presented as a legal transplant, originating in the Clean Development Mechanism from the climate regime. The case provides an instance of a transplanted legal idea not from one jurisdiction to another but between two transnational regimes. The legal transplantation approach highlights the motives for replication and factors that hinder it. In this context, the discussion reveals that while the GDM was constructed for effectiveness concerns, it was presented as a transplant in order to import to the newly established model legitimacy from the original one. Yet, a uniform acceptance of the transplant was prevented because of divergent evaluations of the original model. The existence of several, not one, ideologies and perceptions explains why transplanting is a highly unpredictable strategy for fostering acceptance of a legal idea in the transnational space, and ultimately f...
Penca examines the International Rights of Nature Tribunal (IRNT), exploring how and why the lang... more Penca examines the International Rights of Nature Tribunal (IRNT), exploring how and why the language and concept of an international tribunal is used. The aim of the chapter is to describe the endeavour aiming at legal authority, as an empirical fact, and flag some of the issues deserving of wider theoretical and practical study. The claim being made is that the disputes contemplated by the IRNT (which consist of disputes that fail to reach courts as well as those that are dissatisfied with the judicial rulings) constitute a valuable critique of where the existing international judiciary fails.
Improved access to markets by small-scale fisheries (SSF), as called by Sustainable Development G... more Improved access to markets by small-scale fisheries (SSF), as called by Sustainable Development Goal 14b and other global and Mediterranean policy documents, is impeded by the existing organisation of value chains and market structures, which are typically antagonistic to the nature of SSF. This article analyses the markets in the Mediterranean to map the drivers and feedback loops that keep fisheries in an unsustainable trajectory and reviews the key innovations in support of a socially, economically and environmentally sustainable small-scale fishing sector. We show how the current market is dominated by lack of product traceability and underappreciation of the inherent value of SSF products (e.g. local production, freshness, season dependence, quantitatively and culinary varied nature). In addition, due to a lack of organisation and the capacity to act, small-scale fishers are poised to have little to no influence over the price. In what we conceptualise as a response to the nega...
In order to advance both the mapping and theorizing of transnational law, this article considers ... more In order to advance both the mapping and theorizing of transnational law, this article considers a range of tactics used by small-scale fisheries (SSFs) in Europe and North America to improve market access, political influence, and legal recognition. Trans-national law enables the framing of initiatives not only as implementation practices that occur as a result of international law, but also as transnational regulation in support of SSFs. The article uses the case study of SSFs to draw attention to the rise of 'trans-national localism'. This is defined as the reinforcement of local-specific approaches (reflecting local ecologies, values, and socioeconomic specificities) within a transnational structure that provides support and recognition. It offers an alternative to the view that globalization necessitates global, uniform regulatory solutions. Transnational localism challenges the fascination with large certification schemes such as that administered by the Marine Steward...
The judgement by the Court of Justice of the EU in Case C-733/19 dismissed the request of the Kin... more The judgement by the Court of Justice of the EU in Case C-733/19 dismissed the request of the Kingdom of Netherlands to reverse the ban on pulse fishing to take effect in July 2021. The decision is concerned with the integration of inconclusive scientific evidence into policymaking as well as the application of the precautionary principle and the role of innovation in fisheries policy. The article reviews the factual background underlying the legal dispute and analyses the key aspects of the judgement relating to these issues. The case is a reminder of the obligation to base legislation on available scientific evidence, but also that a plurality of scientific knowledge is possible and that decisions may ultimately be informed also by other factors, such as values and ethical considerations. The case confirms that the precautionary approach applies to fisheries policy but could not be invoked to justify the introduction of fishing gear, whose impact and environmental benefit is uncertain. Finally, there is legal scope to pursue innovation in fisheries and the introduction of innovative fishing gear in particular, but this needs to support the principal goal of the long-term sustainability of fisheries.
To contribute to the debate about sustainable seafood consumption, this article considers the rol... more To contribute to the debate about sustainable seafood consumption, this article considers the role of mandatory food labeling. The article first flags the rise of a policy paradigm of shared responsibility and policy imperatives at various levels calling for increased integration of the citizen/consumer into public regimes, including in fisheries governance. It then explores the options available to citizen/consumers to engage in the fisheries regime in different stages of the value chain and evaluates their readiness to respond to the expectations. Mandatory food labeling of seafood is introduced as an under-unexplored governance tool, alongside the key enabling technological and policy trends. The rise of transparency and traceability, both as norms and a set of technological capabilities, is highlighted as an opportunity for implementation of mandatory seafood labeling. While recognizing equity challenges and various supplementary actions needed to ensure an effective behavioral ...
The COVID-19 pandemic unveiled the fragility of food sovereignty in cities and confirmed the clos... more The COVID-19 pandemic unveiled the fragility of food sovereignty in cities and confirmed the close connection urban dwellers have with food. Although the pandemic was not responsible for a systemic failure, it suggested how citizens would accept and indeed support a transition toward more localized food production systems. As this attitudinal shift is aligned with the sustainability literature, this work aims to explore the tools and actions needed for a policy framework transformation that recognizes the multiple benefits of food systems, while considering local needs and circumstances. This perspective paper reviews the trends in production and consumption, and systematizes several impacts emerged across European food systems in response to the first wave of pandemic emergency, with the final aim of identifying challenges and future strategies for research and innovation toward the creation of resilient and sustainable city/region food systems. The proposal does not support a retu...
In order to advance both the mapping and theorizing of transnational law, this article considers ... more In order to advance both the mapping and theorizing of transnational law, this article considers a range of tactics used by small-scale fisheries (SSFs) in Europe and North America to improve market access, political influence, and legal recognition. Transnational law enables the framing of initiatives not only as implementation practices that occur as a result of international law, but also as transnational regulation in support of SSFs. The article uses the case study of SSFs to draw attention to the rise of 'transnational localism'. This is defined as the reinforcement of local-specific approaches (reflecting local ecologies, values, and socioeconomic specificities) within a transnational structure that provides support and recognition. It offers an alternative to the view that globalization necessitates global, uniform regulatory solutions. Transnational localism challenges the fascination with large certification schemes such as that administered by the Marine Stewardship Council (MSC) in fisheries governance. It implies a need to reconcile transnational challenges with heterogeneous values and community approaches. To capture the simultaneous demand for the local and transnational within transnational law, this article proposes treating the described empowerment tactics within the scope of transnational standards. This requires a rethinking of standards away from fixed technical rules that are uniformly applicable across the globe.
Z izbruhom pandemije Covid-19 je instrument znanstvenega nasveta politiki (angl. science advice t... more Z izbruhom pandemije Covid-19 je instrument znanstvenega nasveta politiki (angl. science advice to policy) postal viden bolj kot kdajkoli prej. Ideja strukturiranega in stalnega oblikovanja priporočil odločevalcem s strani znanosti je v številnih državah uveljavljena že dlje. Ključne značilnosti uspešnega znanstvenega nasveta so neodvisnost sodelujočih, interdisciplinarna zastopanost ter transparentnost glede sprejemanja priporočil.
Z odločnostjo, s katero je politika zagrizla v reševanje učinkov pandemije Covid-19, bi nujno mor... more Z odločnostjo, s katero je politika zagrizla v reševanje učinkov pandemije Covid-19, bi nujno morala preprečevati naslednje-z obširnimi ukrepi za varstvo narave. // Izbruh epidemije Covid-19 je nezamisljivo pretresel našo družbo. Na nov virus smo se odzvali s pojasnjevanjem učinkov ter iskanjem rešitev; prilagodili smo javno življenje, zdravstveni sistem in preusmerili precej denarja v iskanje cepiva in omilitve družbeno-ekonomskih učinkov recesije. V tem zanosu so preveč spregledani razlogi za nastanek virusa in izoblikovanje trajnejše strategije za varnejšo ter boljšo prihodnost. Ta postavlja v središče varstvo okolja, bolj je občutljiva na socialno pravičnost, in je manj materialistična. Po raziskavah javnega mnenja v številnih državah si večina prebivalcev želi, da bi prav epidemija Covid-19 pomenila točko preobrazbe.
[Vigorous action by politicians in response to the outbreak of the Covid-19 pandemic should be replicated in designing the measures for preventing the next pandemic - plans for extensive nature conservation play a key role.]
This talk is an introductory foray into the current state of the art in protection of animals in ... more This talk is an introductory foray into the current state of the art in protection of animals in international law. The consideration of animals in international law is marked by a number of contrasts and gaps. One is that between the interest in a group and an individual: while the protection of some animal species in nature is a long-‐ standing objective of international law, the protection of individuals has so far only been emerging in international law. Distinction is made also between wild animals, farm animals and animals used in experiments. Even within these groups, not all species receive the same attention. Generally, the lack of attention devoted to rights and standards of care with regard to animals come in stark contrast with the wealth of international law that engages with rights of human beings. The ongoing boundary-‐ drawing in international law could easily be dismissed as a legal " inconsistency " but it buttresses significant injustices. Some of the legal methods to overcome them are considered in turn. First, I make a conceptual difference between animal conservation, animal protection, animal welfare and animal rights. I then proceed to discussing some key and some possible contemporary developments in international law to extend protection of animals, including individual beings. They include the emergence of intergovernmental and private standards but also the rise of the 'rights of nature' movement. This represents a radical move away from the current consideration of animals, which is for the most part based on the assumption that nature is property. The movement is particularly interesting for straddling the border of the legal. One particular challenge for the prospective global standards is the issue of compatibility of global regulation with cultural differences, as some of the recent real-‐ world cases and jurisprudence has shown.
The European Commission has introduced the European Green Capital Award (EGCA) as a policy tool t... more The European Commission has introduced the European Green Capital Award (EGCA) as a policy tool to spur innovation and commitment in the management of environmental problems in urban areas. In this presentation I explore the law behind this policy tool, as well as the implications of the award on the established environmental rules and rights. I examine the procedure leading to the selection of the winner city and situates the initiative in transnational environmental governance beyond the State, including spelling out its value. But emphasis is placed on that, which gets obscured. Above all, I criticize the perplexing absence of reference to law in the initiative's selection documents and the lack of transparency in the process. I also consider the EGCA initiative to illustrate the problematic role of indicators in environmental governance, serving as bad proxies for compliance with some of environmental norms and diminishing the participative and distributive aspects. The challenge of framing the EGCA in the study of contemporary environmental governance is to make sense of its weak links to the body of environmental law on the one hand and its motivating role on the other.
Veerle Heyvaert's book is a seminal monograph in the field of transnational environmental law. Th... more Veerle Heyvaert's book is a seminal monograph in the field of transnational environmental law. The phenomena explored by this book have fundamentally transformed the conventions of international, environmental and public law, as well as the scope of analysis of “governance.” As such, this is not just a mandatory supplement to classical portrayals of international environmental law - a notion that no longer adequately reflects the scope of environment-related regulatory activity. It is also a deeply well researched depiction of contemporary governance in the transnational space and a reflection on its associated challenges that regulatory initiatives must respond to.
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Papers by Jerneja Penca
[Vigorous action by politicians in response to the outbreak of the Covid-19 pandemic should be replicated in designing the measures for preventing the next pandemic - plans for extensive nature conservation play a key role.]
[Vigorous action by politicians in response to the outbreak of the Covid-19 pandemic should be replicated in designing the measures for preventing the next pandemic - plans for extensive nature conservation play a key role.]