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Marine Protected Areas in International Law: An Arctic Perspective

Ingvild Ulrikke Jakobsen

ISBN13: 9789004254725

Published: August 2016

Publisher: Brill Nijhoff

Country of Publication: The Netherlands

Format: Hardback

Price: £167.00

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Marine Protected Areas in International law: An Arctic Perspective, introduces and analyzes the legal rights and obligations of states under international law, using Marine Protected Areas (MPAs) as a tool to protect marine biodiversity. The fragile Arctic marine environment is under growing pressure from climate change and the prospect of increasing human activity affecting previously untouched areas. The conservation of Arctic marine biodiversity is a pressing and global concern, not least because the melting of sea ice will have widespread effects. By analyzing regional cooperation through the OSPAR Convention and under the Arctic Council, Jakobsen examines the implementation of the global legal framework for biodiversity protection and conservation in the Arctic. The book has a particular focus on the possibilities of the states to regulate shipping within the MPAs, as the increasing shipping activities represent a major threat to the sensitive marine Arctic.

Subjects:: Public International Law

Contents:: Acknowledgements; List of Acronyms; Part 1; Marine Protected Areas as a Tool for Conservation and Sustainable Use of Marine Biological Diversity; 1. Introduction; 1.1 The Subject; 1.2 The Concept of MPAS; 1.3 International Legal Framework for MPAS; 1.4 Global Political Developments with Regard to MPAS; 1.5 Scope of the Book; 2. Legal Competence to Establish MPASwithin National Jurisdiction and on the High Seas; 2.1 Introduction; 2.2 The Competence to Establish MPASwithin National Jurisdiction; 2.3 MPASin the Territorial Sea; 2.4 MPAS in the EEZ; 2.5 MPAS on the Continental Shelf; 2.6 MPAS on the High Seas; 2.7 The Enforcement Jurisdiction of Regulations and Prohibitions within MPAS; Part 2; Development from a Functional to a Holistic Approach; 3. From a Functional to a Holistic Approach; 4. Pre-LOS Convention: Principles in Customary Law; 5. The Traditional Approach of the LOS Convention to Protect and Preserve the Marine Environment and to Conserve Living Resources; 5.1 Introduction; 5.2 The Obligations to Protect and Preserve the Marine Environment; 5.3 Obligations on Conservation and Management of Marine Living Resources; 6. Developments since 1982: The Obligations to Protect and Conserve Marine Biodiversity; 6.1 General; 6.2 United Nations Conference on Environment and Development; 7. Global Obligations on Conservation of Marine Biological Diversity; 7.1 General; 7.2 The CBD Convention; 8. Regional Obligations and Implementation of Obligations on Conservation of Marine Biodiversity; 8.1 General; 8.2 The OSPAR Convention: Obligations and Principles; 8.3 The Arctic Council; 9. Conclusions; Part 3; Legal Obligations to Establish MPAS; 10. Legal Obligations to Establish MPAS – Introductory Remarks; 11. The LOS Convention and Establishment and Management of MPAS; 11.1 General; 11.2 Does the Obligation to Protect and Preserve the Marine Environment Include a Legal Duty to Adopt MPAS?; 11.3 The Obligation to Protect the Marine Environment in Areas beyond National Jurisdiction; 12. Is There a Legal Duty to Establish mpas under the CBD?; 12.1 Introduction – The Implications of “as far as possible and as appropriate” for the Legal Duty to Establish MPAS; 12.2 Criticisms in Legal Theory of the Vague Obligations and the Use of a Qualifier; 12.3 Which Evaluations Do the Terms “as far as possible and as appropriate” Require?; 12.4 Conclusions; 13. When is there a Legal Obligation under the cbd to Establish MPAS?; 13.1 Introduction; 13.2 The Duty to Adopt Protected Areas or Areas Where Special Measures Need to be Taken; 13.3 The Duty to Establish a System of MPAS; 13.4 Which Considerations Must be Made under the Term “as far as possible”?; 13.5 Which Considerations Must be Made under “as appropriate”?; 13.6 Interactions between “as far as possible” and “as appropriate”; 13.7 Conclusions; 14. The Management of MPAS under the CBD Convention; 14.1 Introduction; 14.2 Development of Criteria for Selection and Management of MPAS; 14.3 The Significance of the Term “as far as possible and as appropriate” for the Management of MPAS; 14.4 The Significance of the Legal Obligation on in situ Conservation for the Management of MPAS; 14.5 Procedural Requirements to the Establishment of MPAS; 14.6 Substantive Requirements to the Content of MPAS; 15. The OSPAR Convention and MPAS; 15.1 Introduction; 15.2 The Development of a Framework of MPAS within OSPAR; 15.3 The Legal Status and Significance of the Recommendation on a Network of MPAS; 15.4 A Legal Duty to Establish mpas in the North-East Atlantic?; 15.5 Selection and Management of MPAS under the OSPAR Convention; 15.6 MPAS in Areas beyond National Jurisdiction under the OSPAR onvention; 15.7 Conclusions; 16. MPAS under the Arctic Council; 16.1 Introduction; 16.2 Work on MPAS under the Arctic Council – Background; 16.3 Toward a Pan-Arctic network of MPAS?; 16.4 Conclusions; Part 4; The Duties and Rights to Establish and Manage MPAS versus the Rights of Other States; 17. The Relationship between the CBD and the LOS Convention – Conflicting Norms and Mechanisms for Solving Them; 17.1 Introduction – Overview of the Legal Questions; 17.2 Legal Conflicts between the LOS Convention and the CBD?; 17.3 Conflict Solving Procedures; 17.4 Solving Conflicts through Treaty Law; 17.5 Conclusions; 18. Regulation of Navigation in MPAS; 18.1 Introduction – Legal Questions and Aims of the Discussions; 18.2 The Relevance of the Discussion in Light of the Legal Development; 18.3 The International Legal Regime of Shipping in the Arctic; 18.4 Coastal State Prescriptive Jurisdiction of Shipping for the Purpose of Protecting the Marine Environment; 18.5 Coastal State Prescriptive Jurisdiction in the Territorial Sea; 18.6 Potential Measures Adopted Within mpas in the Territorial Sea to Protect the Areas against the Impacts of Shipping; 18.7 Coastal State Prescriptive Jurisdiction in the EEZ; 18.8 Potential Measures to Protect the mpas in the EEZ against Impacts of Shipping; 18.9 May the Coastal States Adopt Regulations to Protect the MPAS from Impacts of Shipping Based on the Sovereign Rights Over Living Resources?; 18.10 Conclusions; Part 5; International Mechanisms for Providing Appropriate Protection of MPAS against the Impacts of Shipping; 19. Specially Designated Areas to Protect the Marine Environment against Impact of International Shipping Activities; 19.1 Challenges to the Establishment and Management of Integrated MPAS; 19.2 Introduction to Specially Designated Areas for Protecting Certain Areas against the Environmental Impacts of Shipping; 19.3 The LOSConvention; 19.4 Article 234 – Ice-Covered Areas; 19.5 MARPOL Special Areas; 19.6 PSSA; 19.7 Conclusions; 20. Final Remarks; Bibliography; Table of Cases; Table of Treaties; Index