scholarly journals Towards Integrated Management of Regional Marine Protected Area Networks

2021 ◽  
Vol 9 (2) ◽  
pp. 212-242
Author(s):  
James Harrison
Keyword(s):  
Marine Protected Area ◽  
Integrated Management ◽  
Legal Framework ◽  
Ocean Governance ◽  
Antarctic Marine ◽  
National Jurisdiction ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Institutional Fragmentation

Abstract Marine protected areas (MPA s) are an important tool for protecting marine ecosystems both within and beyond national jurisdiction, but the integrated management of MPA s is challenging due to the institutional fragmentation that exists in international ocean governance at global and regional levels. In the absence of fundamental reform of international ocean governance, integrated management of MPA s can at present only be achieved through cross-sectoral cooperation and coordination between relevant international institutions. Understanding regime interaction in this context requires an analysis of both the relevant legal framework and the manner in which coordination mechanisms operate in practice. This article carries out a case study of regime interaction between the Antarctic Treaty and the Convention on the Conservation of Antarctic Marine Living Resources, as well as other relevant institutions, in order to identify the key opportunities and challenges for promoting the integrated management of regional MPA networks in practice. It will also consider how the cooperative arrangements for the regional management of the Southern Ocean may provide lessons for the development of a new legally binding instrument for the conservation and management of biodiversity in areas beyond national jurisdiction.

Part V Regional Perspectives on Global Ocean Governance, 15 The Australian and Antarctic Perspective on Global Ocean Governance

2018 ◽  
Author(s):  
Warner Robin
Keyword(s):  
Maritime Security ◽  
Policy Framework ◽  
Global Ocean ◽  
Marine Biodiversity ◽  
Law And Policy ◽  
Ocean Governance ◽  
National Jurisdiction ◽  
Antarctic Treaty ◽  
Marine Areas ◽  
The Antarctic

This chapter examines issues of global ocean governance in Australia and Antarctica. It first provides an overview of Australia's law and policy framework for ocean governance as well as its maritime jurisdiction before discussing issues regarding management of rights and responsibilities on Australia's extended continental shelf. It then considers Australia's engagement with regional initiatives to conserve and sustainably use marine biodiversity, and the ways it addresses global and regional maritime security. In particular, it analyses the Australian Oceans Policy on maritime security and how it evolved in response to rising instances of ‘people-smuggling’ incidents to establish both national and regional policies against this practice. The chapter goes on to assess ocean governance in Antarctica, focusing on the Antarctic Treaty and the cooperation among its partners in the development of a comprehensive environmental protection regime which applies to marine areas both within and beyond national jurisdiction.

The Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) and the Ecosystem Approach

2008 ◽  
Vol 23 (3) ◽  
pp. 567-598 ◽  
Author(s):  
Adriana Fabra ◽  
Virginia Gascón
Keyword(s):  
Ecosystem Approach ◽  
The Core ◽  
Iuu Fishing ◽  
Marine Habitats ◽  
Ocean Governance ◽  
Antarctic Marine ◽  
Antarctic Treaty ◽  
Conservation Principles ◽  
Management Policies ◽  
The Antarctic

AbstractLack of adequate governance of the high seas areas has resulted in the continued degradation of ocean and marine habitats. The ecosystem approach, which comprises integrated, precautionary management policies, can be an important tool to reverse this situation. CCAMLR was a pioneer in the incorporation of an ecosystem approach to the conservation and management of marine living resources, and continues to be a leader in its implementation. Through its actions at scientific, institutional and compliance levels, it has attempted to balance conservation objectives with the maintenance of commercial fisheries. CCAMLR has many achievements in this regard, but needs to face new challenges posed by the expansion of fisheries, including illegal, unreported and unregulated (IUU) fishing, if it is not to abandon the core conservation principles embodied in the Antarctic Treaty. Other regional fishery bodies that have committed themselves to incorporating the ecosystem approach in their regimes can learn important lessons from CCAMLR's successes and also from its difficulties. Incorporating the ecosystem approach is an ambitious goal, but one that can contribute significantly to ocean governance.

scholarly journals “Logrolling” in Antarctic governance: Limits and opportunities

Polar Record ◽  
2020 ◽  
Vol 56 ◽  
Author(s):  
Jeffrey McGee ◽  
Bruno Arpi ◽  
Andrew Jackson
Keyword(s):  
Marine Protected Areas ◽  
International Institutions ◽  
Marine Resources ◽  
International Governance ◽  
Short Term ◽  
Current Case ◽  
Antarctic Marine ◽  
Antarctic Treaty ◽  
Kunlun Station ◽  
The Antarctic

Abstract The Antarctic Treaty System (ATS) is considered a successful example of international governance as it has managed tensions over sovereignty claims, avoided militarisation and dealt with marine resources and environmental protection. Recently, China’s influence and assertiveness in many international institutions have significantly grown. What effect this shift in the international politics will have upon Antarctic governance remains to be seen. However, to further thinking on this issue we explore two current case studies that reveal pressure points within the ATS. First, in the Commission for the Conservation of Antarctic Marine Living Resources, Australia has proposed marine protected areas off East Antarctica, to which China and several other states have objected. Second, in the Antarctic Treaty Consultative Meetings, China has proposed special management arrangements for the area around the “Kunlun” station, to which Australia and several other states have objected. Negotiation theory suggests “logrolling” (i.e. trade of mutual decision-making support across issue areas) can be an effective strategy to avoid diplomatic deadlocks. We therefore consider the merits of a logrolling strategy for the above issues. We find that while a logrolling strategy in the ATS might facilitate short-term diplomatic success, it would carry significant risks, including the weakening of existing norms.

MPAs in the Southern Ocean under CCAMLR

2021 ◽  
Vol 9 (1) ◽  
pp. 84-107
Author(s):  
Karen N. Scott
Keyword(s):  
Southern Ocean ◽  
Protected Area ◽  
Marine Protected Area ◽  
Ross Sea ◽  
Coastal Areas ◽  
Antarctic Marine ◽  
National Jurisdiction

Abstract In 2016, the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) designated the largest marine protected area (MPA) in the Ross Sea. Hailed as both a precedent and a prototype for MPAs in both Antarctica and in areas beyond national jurisdiction more generally, it is nevertheless proving challenging to implement. Moreover, further MPAs have yet to be designated in the region although a number are under negotiation. This article will evaluate the contribution made by CCAMLR to the implementation of SDG 14.5 (the conservation of at least 20 per cent of marine and coastal areas by 2020), its relationship to area-based protection under the 1991 Environmental Protocol, and highlight the challenges of establishing MPAs beyond the jurisdiction of states.

The Snow Crab Dispute on the Continental Shelf of Svalbard: A Case-Study on Options for the Settlement of International Fisheries Access Disputes

2020 ◽  
Vol 22 (3-4) ◽  
pp. 455-470
Author(s):  
Valentin J. Schatz
Keyword(s):  
Dispute Settlement ◽  
Legal Framework ◽  
Snow Crab ◽  
The European Union ◽  
Dispute Settlement Mechanism ◽  
International Court Of Justice ◽  
International Court ◽  
International Dispute ◽  
National Jurisdiction

Abstract Disputes concerning access to fisheries within national jurisdiction can be drivers of illegal, unreported, and unregulated (IUU) fishing. International courts and tribunals may play an important role in settling certain categories of fisheries access disputes and in clarifying the applicable legal framework. This article explores international dispute settlement options for the dispute between the European Union (EU) and Norway over access to the snow crab fishery in Svalbard’s waters as an example of a complex fisheries access dispute. In doing so, it considers the potential and limits of: 1) the compulsory dispute settlement mechanism under Section 2 of Part XV of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and 2) litigation before the International Court of Justice (ICJ).

scholarly journals Antarctic politics and Antarctic science — are they at loggerheads?

1991 ◽  
Vol 3 (2) ◽  
pp. 123-123
Author(s):  
John A Heap
Keyword(s):  
Legal Framework ◽  
Scientific Investigation ◽  
Antarctic Treaty ◽  
The Creation ◽  
The Law ◽  
The Many ◽  
The Antarctic ◽  
Antarctic Environment

“Antarctica shall be used for peaceful purposes only …… Freedom of scientific investigation and co-operation toward that end …… shall continue, subject to the provisions of the present Treaty.”These are the fundamental objectives of the Antarctic Treaty as expressed in Articles I and II. What follows in the Treaty, and in most of the many “Recommendations” to the Governments of Antarctic Treaty Consultative Parties (ATCPs), is aimed at securing these objectives by the creation of a framework of law. Unusually for a system of laws, most of this legal framework is hortatory rather than mandatory in character - it cajoles rather than orders. Perhaps not surprisingly this has given rise to damaging suggestions about its ability to provide adequate protection for the Antarctic environment. The response of the ATCPs to this criticism has been to embark on a review of existing Antarctic law, to make it more consistent, reduce overlaps and more especially, make much of it mandatory. This process began at the XIth Special Antarctic Treaty Consultative Meeting in Chile last November. Since it aims to provide greater clarity, accessibility and certainty in the law, it must be welcomed. But within these admirable objectives a prospect of loggerheads begins to loom.

scholarly journals Nexus and Imbroglio: ccamlr, the Madrid Protocol and Designating Antarctic Marine Protected Areas in the Southern Ocean

2015 ◽  
Vol 30 (4) ◽  
pp. 727-764 ◽  
Author(s):  
Laurence Cordonnery ◽  
Alan D. Hemmings ◽  
Lorne Kriwoken
Keyword(s):  
Southern Ocean ◽  
Protected Areas ◽  
Marine Protected Areas ◽  
Legal Context ◽  
Antarctic Marine ◽  
National Jurisdiction ◽  
Complicating Factors ◽  
The Antarctic ◽  
The Relationship ◽  
Global Oceans

The paper examines the process and context of international efforts to designate Marine Protected Areas (mpas) in the Southern Ocean. The relationship between the Convention on the Conservation of Antarctic Marine Living Resources (camlr Convention) and the Madrid Protocol is examined in relation to legal, political and administrative norms and practices. A contextual overview of the Antarctic mpa system is considered, followed by an analysis of the overlapping competencies of the camlr Commission (ccamlr) and the Madrid Protocol. The Antarctic mpa debate is placed in a wider international legal context of the management of global oceans space in areas beyond national jurisdiction. We provide an analysis of the politico-legal discourse and point to complicating factors within, and external to, the Antarctic system. The concluding section suggests options for breathing new life into the Southern Ocean mpa discourse.

Antarctica, Viña del Mar and the 1990 UN debate

Polar Record ◽  
1991 ◽  
Vol 27 (162) ◽  
pp. 211-216 ◽  
Author(s):  
Peter J. Beck
Keyword(s):  
South Africa ◽  
New York ◽  
United Nations ◽  
Environmental Impacts ◽  
International Research ◽  
Legal Framework ◽  
Research Station ◽  
30Th Anniversary ◽  
Antarctic Treaty ◽  
The Antarctic

AbstractThe Xlth Antarctic Treaty Special Consultative Meeting in Viña del Mar, Chile (19 November to 6 December 1990) aired the Antarctic Treaty Consultative Parties' views on conservation, following the collapse of support for the minerals convention. Almost simultaneously at the United Nations Assembly in New York, the eighth successive annual discussion on Antarctica included the usual critique of the Treaty System's political and legal framework. The conservationist emphasis apparent in 1989 continued in 1990, accompanied by an attack on Antarctic science. Particular emphasis was placed on adverse environmental impacts from the crowding together of scientific stations. Treaty parties countered with their long-standing opposition to UN interference in Treaty matters. Resolutions on Antarctica sought to exclude South Africa from ATS activities and to consider the establishment of a UN international research station. The 1990 discussions showed that the Treaty System at its 30th anniversary fails to enjoy universal support, and contributed to an emerging debate on the merits of Antarctic science.

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