Marine Protected Areas in International Law

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