Research that investigates protection of the marine environment crosses many boundaries and disciplines. Whilst some areas can clearly be classified as falling within the parameters of pure science, law or social science, there are many areas that encompass several of these disciplines. As such the methodological approach to this research needed to take account of and adapt to these varied disciplines. Research into marine environmental protection could be undertaken through a positivistic approach. However, this approach assumes that there exists an object truth which can be shown through scientific methods and where the hypothesis is tested by measuring relationship variables systematically and statistically (Cassell & Symon, 1994). As the focus of this research was to investigate the effectiveness of marine environmental protection from shipping and maritime activities, factors that fall outside of purely scientific data needed to be considered and incorporated within the study. For this reason a post positivistic approach was utilised. Within post positivism the researcher can interpret results within the context of individual data sets, both spatial and temporal, in order to make connections whilst at the same time accounting for differences (Wisker, 2008). The flexibility to interpret results within the context of a given area is imperative within this research project as within each PSSA designation there are many differences including date of designation, geographical location, size of area, perceived levels of vulnerability to shipping, environmental sensitivity, level of active engagement by States with regard to enforcement, stakeholder knowledge and stakeholder education.
The research methodology at the early stages was predominately inductive, allowing for data to be collected and a theory developed as a result of the data analysis (Saunders, et al., 2007). The use of this approach allowed for key areas such as vulnerability and sensitivity mapping in conjunction with stakeholder awareness/responsibility and the role of local, national and international governance to be examined in order to fulfil the aim of measuring perceived effectiveness of a designation. In an environment that is fluid and dynamic and where the effect of inputs that fall outside of a designated protective area can have catastrophic consequences which cannot be controlled through the designation alone, the issue of effectiveness requires rigorous and systematic testing in order to identify those elements that fall within and outside the parameters of the process.
42 5.1 Literature review
Literature reviews are the basis of all preliminary research and form the foundation of any research project. Primary literature, sometimes referred to as ‘grey’, includes reports, theses, government publications and conference reports that contain a high level of detail (Saunders et al., 2007). The majority of literature reviewed for this research was in the form of primary literature; however rather than being paper based, availability of many reports was via the internet, which enabled many of the earliest reports (such as those relating to the IMO) to be accessed through ‘electronic archives’.
The initial stage of the research (objective 1 & 2) comprised an extended literature review in order to inform the research process and to assist with the development of an appropriate mechanism that could be utilised within the case of study of the Wadden Sea. Firstly the literature reviewed addressed the development of the IMO and their response to change with regard to protection of the marine environment and how this related to the initial concept behind the development of PSSAs. Secondly literature pertaining to other environmental protective mechanisms was reviewed.
Evaluation of reports from the IMO and the Marine Environmental Protection Committee (MEPC) was integral to understanding the concept behind PSSA designations, the problems associated with development of the guidelines for designation and for identifying potential shortfalls within the existing guidelines. The findings were reviewed in conjunction with scholarly articles and books relating to PSSAs in order to ensure that a systematic appraisal was undertaken. It should be pointed out that a limited amount of literature pertaining to PSSAs exists, however the focus of much of this relates to legal issues associated with the designation as opposed to effectiveness of the designations as an environmental protective mechanism. For this reason there was a need to review literature that pertained to environmental protection that falls outside the remit of the IMO.
In order to understand the processes and issues faced when implementing environmental protection a review of some of the key protection mechanisms was undertaken. The process started with the identification of major environmental conventions, treaties and agreements in order to place them in chronological order and to identify those that had a marine element (Appendix A). From this list, those that were deemed to be exemplars or which had a major marine element were reviewed in chronological order in order to
43 identify how these protective mechanisms developed and how they are designated and managed, particularly with respect to the role of monitoring and assessment.
5.2 Case study
Case studies allow for an in depth exploration of a situation, involving ‘….an empirical investigation of a particular contemporary phenomenon in its real life context using multiple sources of evidence.’ (Robson, 1993:52 cited in Wisker, 2008). Through case studies both temporal and spatial issues can be examined and issues pertaining to availability of and collection of both qualitative and quantitative data can be taken into account.
5.2.1. The Wadden Sea Case study
The opportunity to meet objectives 3 and 4 of this research - to develop a methodology to evaluate the effectiveness of PSSAs and the evaluation of an existing PSSA, was undertaken through a research project on behalf of the Common Waddensee Secretariat (CWSS). The following section describes the methodology utilised for the evaluation of the Wadden Sea PSSA. The process undertaken was informed by the terms of reference (TOR) as set by the CWSS:
“Assess the effectiveness of the Wadden Sea PSSA, and whether the designation has contributed to provide specific protection of the Wadden Sea from impacts through shipping. Furthermore, whether the current PSSA designation needs to be enhanced in terms of the area and associated matters or with regard to additional measures”.
The TOR also required the identification of shipping related incidents since designation of the PSSA in 2002 and an evaluation of awareness of the designation amongst mariners and other sectors, both of which are pertinent with regards to identification of the ‘effectiveness’ of the designation. Within this research the final element of the TOR, relating to enhancement of the PSSA with regard to additional measures, is omitted as it does not relate directly to the research aim of establishing the ‘effectiveness of a PSSA as a protective mechanism from international shipping’.
5.2.2. Development of the evaluation process
To evaluate the Wadden Sea PSSA a methodology needed to be developed which would allow a systematic and rigorous evaluation to take place, thereby enabling assessment of
44 how ‘effective’ the designation was. To achieve this, the evaluation was broken down into three tasks. The first task was a scoping exercise which comprised two elements, a desk study of relevant documents and legislation pertaining to PSSAs and the marine environment, which was undertaken in conjunction with the literature review for objective 1 of this research, the findings of which were supplemented by the opinion and views of ‘experts’ on the marine environment and PSSAs. The second task pertained of the development of an evaluative framework which was then utilised in order to undertake a risk assessment, the process being informed by the findings of objective 2. The final task entailed a review of the findings of the risk assessment in order to make a judgement on the effectiveness of the PSSA.
Task 1: Part A - Desk study to review the status of PSSAs at IMO and identify changes