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The International Legal Regime Relating to Marine Protected Areas in Areas beyond National Jurisdiction: Identifying and Addressing Gaps

Wen Duan

ISBN13: 9789004516908

Publisher: Brill Nijhoff

Price: £144.99

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Subjects:: Shipping, Transport and Maritime Law, Public International Law

Contents:: List of Abbreviations; 1. Introduction; 1.1 Introduction; 1.2 Defining MPAs in ABNJ; 1.3 International Legal Regime Relating to MPAs in ABNJ; 1.4 Research Questions and the Structure of the Book; 1.5 Research Methodology; 2. The Establishment and Management of MPAs in ABNJ under Existing Legal Regimes; 2.1 Introduction; 2.2 MPAs in ABNJ in the Southern Ocean; 2.3 OSPAR High Seas MPAs; 2.4 SPAMIs in ABNJ under the Barcelona Convention/SPAs Protocol; 2.5 Discussion; 3. General Obligations and Principles in Relation to MPAs in ABNJ; 3.1 Introduction; 3.2 The Obligation to Protect and Preserve the Marine Environment; 3.3 The Obligation to Cooperate in Marine Environmental Protection; 3.4 The Obligations to Conserve and Cooperate in the Conservation of Living Resources of the High Seas; 3.5 The Obligation to Establish Protected Areas as provided in Article 8 of CBD; 3.6 General Principles Relevant to MPAs in ABNJ; 3.7 Concluding Remarks; 4. Do the Establishment and Management of MPAs in ABNJ under Existing Treaty Regimes Have Legal Effects on Third States?; 4.1 Introduction; 4.2 Implications of the Principle of the Freedom of the High Seas; 4.3 Implications of the Pacta Tertiis Principle; 4.4 Possible Legal Bases for Obligating Third States to Comply with the Decisions and Measures relating to MPAs in ABNJ under a Treaty Regime; 4.5 Ensuring Compliance with Associated Management Measures of MPAs in ABNJ by Third States; 4.6 Concluding Remarks; 5. Regime Interactions in Respect of MPAs in ABNJ; 5.1 Introduction; 5.2 Defining Regime Interaction; 5.3 Regime Interactions in Respect of OSPAR HSMPAs; 5.4 Regime Interactions in Respect of MPAs in the Southern Ocean; 5.5 Regime Interactions in Respect of SPAMIs Covering the High Seas; 5.6 Conclusion; 6. Possible Future Arrangements for the Establishment and Management of MPAs in ABNJ under the Prospective ILBI; 6.1 Introduction; 6.2 Scope and Objectives of MPAs under the ILBI; 6.3 Relationship to Relevant Instruments, Frameworks and Bodies; 6.4 The Process in Relation to the Establishment of MPAs; 6.5 The Implementation of Measures Relating to MPAs under the ILBI; 6.6 The Monitoring and Review of the MPAs under the ILBI; 6.7 Concluding Remarks; 7. Conclusions; 7.1 Introduction; 7.2 Key Findings of the Research and Answers to the Research Question; 7.3 Implications of this Book for the Field of Public International Law/International Law of the Sea; 7.4 Future Research Areas; Annex I Bibliography; Books, Book Chapters; Journal Articles and Research Papers; Policy Briefs and Other Resources (including Online Resources); Annex II International Instruments; International Treaties and Treaty-Related Instruments; Official Documents; Annex III Case Law; Annex IV Summary; Index