Establishing marine conservation areas on the high seas

Abstract

This work was inspired by the current and highly debated topic of marine conservation in areas beyond national jurisdiction, particularly by the establishment of Marine Protected Areas. ! As found in the 1982 United Nations Convention on the Law of the Sea, areas beyond national jurisdiction include both the Area and the high seas. The basic aspect of the high seas regime is freedom. Today the freedom of the high seas is not absolute, but subject to a number of conditions. For centuries, areas beyond national jurisdiction were unexplored, but with the advancement of technology, human activities expanded across the oceans. International maritime traffic, exploitation of fish stocks, pollution and climate change are some of the threats faced by marine biodiversity today. Although international law requires states to conserve marine living resources and to protect the marine environment, human activities are still threatening marine species and their survival. The international community now recognises the importance of establishing Marine Protected Areas (MPAs) as a key conservation tool for the preservation and sustainable use of marine biodiversity. MPAs are defined areas in the sea that are given greater protection than the surrounding waters and in which human activity is restricted in the interest of conserving marine species and their habitats. MPAs may have various objectives and may differ from no take zones, to multiple use areas. ! This study aims to identify the main legal instruments which may facilitate the establishment of high seas MPAs. Areas beyond national jurisdiction pose a legal challenge, in that they are less protected and are subject to common access. This study explores the possibility of an efficient legal management tool for the establishment of high seas MPAs. Finally, this thesis provides the reader with an interesting insight on the main legal challenges affecting MPAs, their implementation, and monitoring.