scholarly journals Addressing the Relationship between Area-based Management Tools (ABMTs) Including Marine Protected Areas (MPAs) and the Right of the Adjacent Coastal State to the High Seas: Recent Discussion and Suggestion

2020 ◽  
Vol 7 (1) ◽  
Author(s):  
Firdos Firdos ◽  
Ubbadul Adzkiya’
Keyword(s):  
Protected Areas ◽  
Marine Protected Areas ◽  
Recent Discussion ◽  
Management Tools ◽  
Coastal State ◽  
The Right ◽  
The Relationship ◽  
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.

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.

scholarly journals Regional Management of Areas beyond National Jurisdiction in the Western Indian Ocean: State of Play and Possible Ways Forward

2017 ◽  
Vol 32 (4) ◽  
pp. 765-796 ◽  
Author(s):  
Glen Wright ◽  
Julien Rochette
Keyword(s):  
Indian Ocean ◽  
Protected Areas ◽  
Marine Protected Areas ◽  
Western Indian Ocean ◽  
Marine Biodiversity ◽  
International Organisations ◽  
Management Tools ◽  
Regional Management ◽  
National Jurisdiction ◽  
Regional Organisations

Abstract In recent years, the international community has become increasingly aware of the growing threats to marine biodiversity in areas beyond national jurisdiction (abnj), and international discussions on a new international legally binding are underway. In parallel, some States, through regional organisations, have progressively extended their activities into abnj, particularly through the development of area-based management tools (abmts). In this article, we consider how actors in the Western Indian Ocean (wio) might engage in abnj governance. In particular, we develop some possible scenarios for developing abmts in the wio, including through the development of fisheries closures, the establishment of marine protected areas (mpas), and the adoption of abmts under the auspices of relevant international organisations. We conclude that while the wio is currently not the most advanced region in terms of ongoing efforts to improve the governance of abnj, there are already some positive signals and promising options for the future.

Area-based Management on the High Seas: Possible Application of the IMO’s Particularly Sensitive Sea Area Concept

2010 ◽  
Vol 25 (4) ◽  
pp. 483-522 ◽  
Author(s):  
Siân Prior ◽  
Aldo Chircop ◽  
Julian Roberts
Keyword(s):  
Southern Ocean ◽  
Marine Protected Areas ◽  
Management Tools ◽  
The Core ◽  
Limited Experience ◽  
State Practice ◽  
Integrated Conservation ◽  
Sea Area ◽  
Practical Implications ◽  
High Seas

AbstractArea-based management is an important tool to improve integrated conservation of high seas biodiversity. While States clearly support the need to protect high seas biodiversity, some States remain reluctant to adopt internationally binding measures that may have an impact on high seas freedoms. Since there is limited experience to date with the application of area-based management tools on the high seas, this article examines the practical implications of establishing such measures through an analysis of the International Maritime Organization’s (IMO) particularly sensitive sea area concept. After providing an overview of the legal complexities associated with the designation of high seas marine protected areas, this article introduces the PSSA concept and identifies the unique features that make it appropriate as a measure for protecting high seas biodiversity. The core of the analysis is an examination of State practice within the IMO in the context of the potential designation of a PSSA in the Southern Ocean.

scholarly journals The role of marine protected areas in environmental management

2008 ◽  
Vol 66 (1) ◽  
pp. 16-21 ◽  
Author(s):  
Simon Jennings
Keyword(s):  
Environmental Management ◽  
Protected Areas ◽  
Marine Protected Areas ◽  
Fishery Management ◽  
Scientific Advice ◽  
Management Tools ◽  
Goods And Services ◽  
Trade Offs ◽  
High Level

Abstract Jennings, S. 2009. The role of marine protected areas in environmental management. – ICES Journal of Marine Science, 66: 16–21. Marine protected areas (MPAs) are one of several tools used to meet management objectives for the marine environment. These objectives reflect political and societal views, and increasingly reconcile fishery and conservation concerns, a consequence of common high-level drivers, such as the World Summit on Sustainable Development. The contribution of MPAs to meeting objectives should be assessed in conjunction with other tools, taking account of the management systems of which they are part. Many of the same factors determine the success of MPAs and other management tools, such as quality of governance and the social and economic situation of people using marine goods and services. Diverse legislation governs MPA designation. Designation could be simplified by prearranged and prenegotiated agreements among all relevant authorities. Agreements could specify how to make trade-offs among objectives, interpret scientific advice, ensure effective engagement among authorities and stakeholders, deal with appeals, and support progressive improvement. The jurisdiction and competence of fishery management authorities mean that they are well placed to contribute to the design, designation, and enforcement of MPAs. Their strengths include well-established procedures for accessing scientific advice, the capacity to work across multiple jurisdictions, experience with MPA management, and access to vessels and personnel for enforcement.

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.

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