Legal Pluralism, Maritime Security, and the Blue Economy

Regional-International Governance Dynamics in Africa’s Great Lakes

Abstract

Maritime security and sustainable blue economy have, over time, been acknowledged as inseparable pillars of growth, stability and development, yet their administration in inland transboundary waters is under-theorised. It is against this backdrop that this study examines how regional-international legal frameworks shape blue economy governance and maritime security outcomes in the Great Lakes region of Africa. Using comparative qualitative case studies and doctrinal legal analysis of Lakes Victoria, Albert and Tanganyika, this study examines the interaction between global regimes, such as the International Maritime Organization (IMO) conventions, the United Nations Convention on the Law of the Sea (UNCLOS), including the Sustainable Development Goal 14 and other regional institutions, for example, Africa Union, the Lake Victoria Basin Commission and the East African Community. The study finds that there is a situation of functional legal pluralism marked by normative diffusion without regard to proper enforcement, uneven domestication of legal instruments and institutional overlap. While the available frameworks offer a robust normative architecture, fragmented regional coordination and lack of capacity to implement thwarts their ability to prevent illegal fishing, unlock blue economy potential and enhance maritime security. This study makes a significant scholarly contribution on maritime governance by carrying forward the debates on the governance of the blue economy, maritime security, and inland waters by giving a clear demonstration that the capacity to enforce, legal coherence and regional integration are important variables in translating law into sustainable development outcomes.