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The International Legal Regime Relating to Marine Protected Areas in Areas beyond National Jurisdiction
Identifying and Addressing Gaps
Series: - Publications on Ocean Development, Volume: 98
Author:
The International Legal Regime Relating to Marine Protected Areas in Areas beyond National Jurisdiction identifies the âparticipatoryâ, âcompetenceâ and âgeographicalâ gaps in the international legal regime relating to marine protected areas (MPAs) in areas beyond national jurisdiction (ABNJ) and provides insight into how to address these gaps. The book concludes that the gaps can be addressed only to a limited extent under the current international legal framework; however, the prospective international legally binding instrument (ILBI) on the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ) might well make further contributions.
Wen Duan, Ph.D. (2021), Utrecht University, is a lecturer in international law at the Law School of Hainan University. He has published a number of articles on BBNJ and MPAs in ABNJ, including, "Three Structural Pillars of the Future International Legally Binding Instrument on the Conservation and Sustainable Use of Marine Biodiversity beyond National Jurisdiction" (co-authored with Blanchard and Spijkers) (in Ribeiro et al. eds., Global Challenges and the Law of the Sea, 2020).
"[C]learly a work of significant depth and considered critical analysis. It is without doubt a worthwhile addition to any law library that seeks to establish a comprehensive collection of scholarly works on the law of the sea."
David Leary in Ocean Yearbook 38 (2023).
David Leary in Ocean Yearbook 38 (2023).
Acknowledgments
List of Abbreviations
1 Introduction
â1.1 Introduction
â1.2 DefiningMPA s in ABNJ
â1.3 International Legal Regime Relating toMPA s in ABNJ
â1.4 Research Questions and the Structure of the Book
â1.5 Research Methodology
2 The Establishment and Management ofMPA s in ABNJ under Existing Legal Regimes
â2.1 Introduction
â2.2MPA s in ABNJ in the Southern Ocean
â2.3OSPAR High Seas MPA s
â2.4 SPAMIs in ABNJ under the Barcelona Convention/SPA s Protocol
â2.5 Discussion
3 General Obligations and Principles in Relation toMPA s in ABNJ
â3.1 Introduction
â3.2 The Obligation to Protect and Preserve the Marine Environment
â3.3 The Obligation to Cooperate in Marine Environmental Protection
â3.4 The Obligations to Conserve and Cooperate in the Conservation of Living Resources of the High Seas
â3.5 The Obligation to Establish Protected Areas as provided in Article 8 ofCBD
â3.6 General Principles Relevant toMPA s in ABNJ
â3.7 Concluding Remarks
4 Do the Establishment and Management ofMPA s in ABNJ under Existing Treaty Regimes Have Legal Effects on Third States?
â4.1 Introduction
â4.2 Implications of the Principle of the Freedom of the High Seas
â4.3 Implications of the Pacta Tertiis Principle
â4.4 Possible Legal Bases for Obligating Third States to Comply with the Decisions and Measures relating toMPA s in ABNJ under a Treaty Regime
â4.5 Ensuring Compliance with Associated Management Measures ofMPA s in ABNJ by Third States
â4.6 Concluding Remarks
5 Regime Interactions in Respect ofMPA s in ABNJ
â5.1 Introduction
â5.2 Defining Regime Interaction
â5.3 Regime Interactions in Respect ofOSPAR HSMPA s
â5.4 Regime Interactions in Respect ofMPA s in the Southern Ocean
â5.5 Regime Interactions in Respect ofSPAMI s Covering the High Seas
â5.6 Conclusion
6 Possible Future Arrangements for the Establishment and Management ofMPA s in ABNJ under the Prospective ILBI
â6.1 Introduction
â6.2 Scope and Objectives ofMPA s under the ILBI
â6.3 Relationship to Relevant Instruments, Frameworks and Bodies
â6.4 The Process in Relation to the Establishment ofMPA s
â6.5 The Implementation of Measures Relating toMPA s under the ILBI
â6.6 The Monitoring and Review of theMPA s under the ILBI
â6.7 Concluding Remarks
7 Conclusions
â7.1 Introduction
â7.2 Key Findings of the Research and Answers to the Research Question
â7.3 Implications of this Book for the Field of Public International Law/International Law of the Sea
â7.4 Future Research Areas
AnnexI Bibliography
â Books, Book Chapters
â Journal Articles and Research Papers
â Policy Briefs and Other Resources (including Online Resources)
AnnexII International Instruments
â International Treaties and Treaty-Related Instruments
â Official Documents
AnnexIII Case Law
AnnexIV Summary
Index
List of Abbreviations
1 Introduction
â1.1 Introduction
â1.2 Defining
â1.3 International Legal Regime Relating to
â1.4 Research Questions and the Structure of the Book
â1.5 Research Methodology
2 The Establishment and Management of
â2.1 Introduction
â2.2
â2.3
â2.4 SPAMIs in ABNJ under the Barcelona Convention/
â2.5 Discussion
3 General Obligations and Principles in Relation to
â3.1 Introduction
â3.2 The Obligation to Protect and Preserve the Marine Environment
â3.3 The Obligation to Cooperate in Marine Environmental Protection
â3.4 The Obligations to Conserve and Cooperate in the Conservation of Living Resources of the High Seas
â3.5 The Obligation to Establish Protected Areas as provided in Article 8 of
â3.6 General Principles Relevant to
â3.7 Concluding Remarks
4 Do the Establishment and Management of
â4.1 Introduction
â4.2 Implications of the Principle of the Freedom of the High Seas
â4.3 Implications of the Pacta Tertiis Principle
â4.4 Possible Legal Bases for Obligating Third States to Comply with the Decisions and Measures relating to
â4.5 Ensuring Compliance with Associated Management Measures of
â4.6 Concluding Remarks
5 Regime Interactions in Respect of
â5.1 Introduction
â5.2 Defining Regime Interaction
â5.3 Regime Interactions in Respect of
â5.4 Regime Interactions in Respect of
â5.5 Regime Interactions in Respect of
â5.6 Conclusion
6 Possible Future Arrangements for the Establishment and Management of
â6.1 Introduction
â6.2 Scope and Objectives of
â6.3 Relationship to Relevant Instruments, Frameworks and Bodies
â6.4 The Process in Relation to the Establishment of
â6.5 The Implementation of Measures Relating to
â6.6 The Monitoring and Review of the
â6.7 Concluding Remarks
7 Conclusions
â7.1 Introduction
â7.2 Key Findings of the Research and Answers to the Research Question
â7.3 Implications of this Book for the Field of Public International Law/International Law of the Sea
â7.4 Future Research Areas
Annex
â Books, Book Chapters
â Journal Articles and Research Papers
â Policy Briefs and Other Resources (including Online Resources)
Annex
â International Treaties and Treaty-Related Instruments
â Official Documents
Annex
Annex
Index
The researchers and lawyers of international law, including those specialised the international law of the sea and international environmental law, the governmental officials and diplomats in charge of marine affairs, and the post-graduate students of international law.