The incongruity between the ecosystem approach to high seas marine protected areas and the existing high seas conservation regime

2012 ◽  
Vol 2 (1-2) ◽  
pp. 1-36 ◽  
Author(s):  
Jung-Eun Kim
Keyword(s):  
Protected Areas ◽  
Marine Protected Areas ◽  
Ecosystem Approach ◽  
High Seas

Conservation on the High Seas: Developing the Concept of the High Seas Marine Protected Areas

2012 ◽  
Vol 27 (4) ◽  
pp. 849-857 ◽  
Author(s):  
Karen N. Scott
Keyword(s):  
Protected Areas ◽  
Marine Protected Areas ◽  
General Assembly ◽  
Orkney Islands ◽  
South Orkney Islands ◽  
National Jurisdiction ◽  
Un General Assembly ◽  
The Creation ◽  
The Relationship ◽  
High Seas

Abstract This article explores developments in connection with marine protected areas (MPAs) on the high seas, beginning with a brief survey of existing high seas MPAs, recent initiatives such as the designation of the South Orkney Islands MPA, the creation of a network of OSPAR MPAs and the work undertaken by the UN General Assembly on developing a framework for oceans governance in areas beyond national jurisdiction. It considers: the absence of a clear legal basis for the creation of MPAs on the high seas; the relationship between MPA designation and traditional high seas freedoms; and the complex jurisdictional arrangements that govern activities on and in the high seas.

Marine Protected Areas on the High Seas: Some Legal and Policy Considerations

2004 ◽  
Vol 19 (1) ◽  
pp. 1-17 ◽  
Author(s):  
Tullio Scovazzi
Keyword(s):  
Protected Areas ◽  
International Law ◽  
Marine Protected Areas ◽  
Biological Diversity ◽  
Customary International Law ◽  
National Jurisdiction ◽  
The Subject ◽  
Consultative Process ◽  
Specially Protected Areas ◽  
High Seas

AbstractThe 2003 meeting of the United Nations Open-Ended Informal Consultative Process on Oceans and the Law of the Sea made a call to explore a range of tools for the protection and management of vulnerable and threatened marine ecosystems and biodiversity beyond national jurisdiction. To achieve this aim, the establishment of marine protected areas (MPAs) on the high seas not only fully complies with customary international law, but is also the subject-matter of specific obligations arising under a number of treaties (starting from UNCLOS Art. 194, para. 5). Today the time-honoured concept of freedom of the sea is to be understood in the context of the present range of marine activities and in relation to all the potentially conflicting uses and interests, such as the protection of the marine environment and the sound exploitation of marine living resources. The 1995 Protocol Concerning Specially Protected Areas and Biological Diversity in the Mediterranean is an interesting precedent on the issue of MPAs on the high seas.

scholarly journals LEGAL GENESIS OF THE CONCEPT OF FREEDOM OF THE HIGH SEA

2021 ◽  
pp. 93-99
Author(s):  
А. V. Kovban
Keyword(s):  
Protected Areas ◽  
Marine Protected Areas ◽  
Legal Framework ◽  
Maritime Law ◽  
Exclusive Jurisdiction ◽  
Progressive Development ◽  
Stage Of Development ◽  
The Creation ◽  
The Right ◽  
High Seas

The article examines the content of freedom of the high seas at the present stage of development, the role of the Conventions Maritime Law in the formation and formation of freedom of the high seas as an institution of international maritime law and analysis of the results of the Conventions. The author considers the legal genesis of the concept of freedom of the high seas and current trends in the transformation of freedom of the high seas in modern international maritime law. The principle of freedom of the high seas expresses the objective need of States and peoples for the free use of maritime space for international economic, political and cultural ties, as well as for the use of living ocean resources. An important transformation of international cooperation and legislation is also related to the principle of exclusive jurisdiction of the flag state. All four conventions have been widely recognized by the member states and are considered to be the most important stage in the codification of international maritime law and its further progressive development. The adoption of the four conventions meant that the unity of the law of the sea was lost, but there may be advantages: for example, the adoption of conventions and a single protocol, instead of a single legal act, tried to involve more states in at least some of the conventions. The creation of marine protected areas in the open waters of the world’s oceans outside national jurisdiction has no legal basis. The 1982 Convention does not give states the right to extend their jurisdiction to certain parts regardless of the objectives pursued, so the creation of marine protected areas on the high seas is impossible within the existing international legal framework.

Reflections on High Seas Marine Protected Areas: A Comparative Analysis of the Mediterranean and the North-East Atlantic Models

2012 ◽  
Vol 81 (3) ◽  
pp. 295-326 ◽  
Author(s):  
Yoshifumi Tanaka
Keyword(s):  
Protected Areas ◽  
Marine Protected Areas ◽  
Biological Diversity ◽  
Legal Issues ◽  
East Atlantic ◽  
North East ◽  
The North ◽  
The Creation ◽  
The Mediterranean ◽  
High Seas

In 2010, the Contracting-Parties to the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention) created six marine protected areas (MPAs) on the high seas beyond 200 nautical miles with a view to protecting marine biological diversity. This is a significant step toward conservation of biological diversity on the high seas. The creation of high seas MPAs seems to provide a useful insight into the protection of community interests in marine spaces beyond the limits of national jurisdiction. At the same time, however, the creation of MPAs on the high seas raises some legal issues with regard to, inter alia, its legal ground, opposability to non-Contracting Parties, legitimacy, and practical implementation. Thus, this contribution seeks to examine legal issues regarding two types of MPAs on the high seas, namely: MPAs on the high seas which fall within potential exclusive economic zone of coastal States (the Mediterranean model) and MPAs on the high seas beyond 200 nautical miles (the North-East Atlantic model), respectively.

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