Starting with Nothing: A Paradigm Change Advancing Marine Conservation Beyond National Jurisdiction
17 Pages Posted: 10 Nov 2013 Last revised: 19 Apr 2014
Date Written: March 30, 2014
Abstract
Ocean areas lying beyond jurisdiction of nation States have an historical presumption of open access and exploitation of resources found there. Despite regulatory modifications and limitations on complete freedom in the high seas, this laissez faire ‘freedom to exploit’ attitude has hindered accomplishment of meaningful marine conservation and protection. Marine protected areas (MPAs) are a tool to conserve and protect marine ecosystems.
For MPAs to exist in areas beyond national jurisdiction, the obvious question involves identifying legal basis for enforcement and designation of the enforcer within the international legal regime.
This paper provides an overview of freedoms and limitations existing in marine areas beyond national jurisdiction (ABNJ) under the Law of the Sea Convention (LOSC) framework. It extracts and analyzes various components of this regime and other sources of international law that may allow MPAs to lawfully exist and also effectively function in areas beyond national jurisdiction. Also addressed is the need for progressive legal interpretation and State political will to reach desired marine conservation goals. Weaknesses in the current marine conservation legal system are summarized and factors necessary for conservation rules in ABNJ to become binding and enforceable on all States, regardless of their ‘contractual’ agreement are overviewed.
Keywords: marine protected areas, areas beyond national jurisdiction, law of the sea, marine conservation, high seas, the area, common heritage of mankind, marine preservation enforcement in international law, MPA ABNJ, Marine Protection, Marine Governance, Marine Law
JEL Classification: K33, K39, Q25
Suggested Citation: Suggested Citation