The Impact of Maritime Boundaries on Cooperation in the Creation of Transboundary Marine Protected Areas: Insights from Three Cases

2010 ◽  
Vol 24 (1) ◽  
pp. 115-150
Author(s):  
Catarina Grilo
2021 ◽  
Author(s):  
Amanda K. Pettersen ◽  
Ezequiel M. Marzinelli ◽  
Peter Steinberg ◽  
Melinda A. Coleman

2012 ◽  
Vol 27 (4) ◽  
pp. 849-857 ◽  
Author(s):  
Karen N. Scott

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.


2008 ◽  
Vol 65 (4) ◽  
pp. 765-779 ◽  
Author(s):  
Dominique Pelletier ◽  
Joachim Claudet ◽  
Jocelyne Ferraris ◽  
Lisandro Benedetti-Cecchi ◽  
José Antonio Garcìa-Charton

Two kinds of approaches have been used for assessing conservation and fisheries-related effects of marine protected areas (MPAs): (i) statistical modelling based on field data and (ii) mathematical modelling quantifying the consequences of MPAs on the dynamics of populations, communities, and fisheries. Statistical models provide a diagnostic on the impact of MPAs on the ecosystem and resources; they are also needed for devising and assessing sampling designs for monitoring programs. Dynamic models enable exploration of the consequences of MPA designs and other management policies. We briefly review how each of these approaches has been implemented up to now in the literature and identify potential indicators of MPA effects that can be obtained from each approach to provide scientific advice for managers. Methodological gaps that impede the assessment of MPA effects and the construction of appropriate indicators are then discussed, and recent developments in this respect are presented. We finally propose ways to reconcile the two approaches based on their complementarity to derive suitable indicators to support decision making. In this respect, we suggest in addition that MPA managers should be associated from the beginning to the design and construction of indicators.


2021 ◽  
pp. 93-99
Author(s):  
А. V. Kovban

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.


2019 ◽  
Author(s):  
RAFAEL Almeida MAGRIS ◽  
Martinho Marta-Almeida ◽  
Jose Alberto Monteiro ◽  
Natalie Ban

Analysis that link hydrological processes with oceanographic dispersion offer a promising approach for assessing impacts of land-based activities on marine ecosystems. However, such an analysis has not yet been customised to quantify specific pressures from mining activities on marine biodiversity including those from spillages resulting from tailing dam failure. Here, using a Brazilian catchment in which a tailing dam collapsed (Doce river) as a case study, we provide a modelling approach to assess the impacts on key ecosystems and marine protected areas subjected to two exposure regimes: (i) a pulse disturbance event for the period 2015-2016, following the immediate release of sediments after dam burst, which witnessed an average increase of 88% in sediment exports; and (ii) a press disturbance phase for the period 2017-2029, when impacts are sustained over time by sediments along the river’s course. We integrated four components into impact assessments: hydrological modelling, coastal-circulation modelling, ecosystem mapping, and biological sensitivities. The results showed that pulse disturbance causes sharp increases in the amount of sediments entering the coastal area, exposing key sensitive ecosystems to pollution (e.g. rhodolith beds), highlighting an urgent need for developing restoration strategies for these areas. The intensity of impacts will diminish over time but the total area of sensitive ecosystems at risk are predicted to be enlarged. We determined monitoring and restoration priorities by evaluating and comparing the extent to which sensitive ecosystems within marine protected areas were exposed to disturbances. The information obtained in this study will allow the optimization of recovery efforts in the marine area affected, and valuation of ecosystem services lost.


2012 ◽  
Vol 81 (3) ◽  
pp. 295-326 ◽  
Author(s):  
Yoshifumi Tanaka

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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