Marine Protected Areas in International Law PDF Download

Author: Ingvild Ulrikke Jakobsen
Publisher: BRILL
ISBN: 9004324089
Category : Law
Languages : en
Pages : 451

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Book Description
Marine Protected Areas in International Law – an Arctic perspective by Ingvild Ulrikke Jakobsen, examines the legal rights and obligations of states under international law using Marine Protected Areas to protect marine biodiversity, with a particular emphasis on the Arctic region.

Author: Vito De Lucia
Publisher: BRILL
ISBN: 9004506365
Category : Law
Languages : en
Pages : 469

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Book Description
This book investigates competing constructions of areas beyond national jurisdiction, and their role in the creation and articulations of legal principles, providing a broader perspective on the ongoing negotiation at the UN on marine biodiversity beyond national jurisdiction.

Author: Anna von Rebay
Publisher: Springer Nature
ISBN: 3031291751
Category : Law
Languages : en
Pages : 289

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Book Description
This book provides empirical evidence that all States have a universally binding obligation to adopt national laws and international treaties to protect the marine environment, including the designation of Marine Protected Areas. Chapter by chapter this obligation is detailed, providing the foundation for holding States responsible for fulfilling this obligation. The fundamentals are analysed in a preliminary chapter, which examines the legally binding sources of the Law of the Sea as well as its historical development to help readers understand the key principles at hand. The Law of the Sea provides more than 1000 instruments and more than 300 regulations concerning marine protection. While the scope of most treaties is limited either regarding species, regions or activities, one regulation addresses States in all waters: the obligation to protect and preserve the marine environment as stipulated under Art. 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). As this ‘Constitution of the Ocean’ not only contains conventional laws but also very broadly reflects pre-existing rules of customary international law, an extensive analysis of all statements made by States in the UN General Assembly, their practices, national laws and regulations as well as other public testimonials demonstrates that Art. 192 UNCLOS indeed binds the whole community of States as a rule of customary international law with an erga omnes effect. Due to the lack of any objections and its fundamental value for humankind, this regulation can also be considered a new peremptory norm of international law (ius cogens). While the sovereign equality of States recognises States’ freedom to decide if and how to enter into a given obligation, States can also waive this freedom. If States accepted a legally binding obligation, they are thus bound to it. Concerning the specific content of Art. 192 UNCLOS, a methodical interpretation concludes that only the adoption of legislative measures (national laws and international agreements) suffices to comply with the obligation to protect and preserve the marine environment, which is confirmed by the States’ practices and relevant jurisprudence. When applied to a specific geographical area, legislative measures to protect the marine environment concur with the definition of Marine Protected Areas. Nonetheless, as the obligation applies to all waters, the Grotian principle of the freedom of the sea dictates that the restriction of activities through the designation of Marine Protected Areas, on the one hand, must be weighed against the freedoms of other States on the other. To anticipate the result: while all other rights under the UNCLOS are subject to and contingent on other regulations of the UNCLOS and international law, only the obligation to protect and preserve the marine environment is granted absolutely – and thus outweighs all other interests.

Author: Wen Duan
Publisher: BRILL
ISBN: 9004516913
Category : Law
Languages : en
Pages : 406

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Book Description
The International Legal Regime Relating to Marine Protected Areas in Areas beyond National Jurisdiction identifies the ‘participatory’, ‘competence’ and ‘geographical’ 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.

Author: Barbara J. Lausche
Publisher: IUCN
ISBN: 2831712459
Category : Law
Languages : en
Pages : 400

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Book Description
The central aim of this publication is to consider the key elements of a modern, comprehensive, and effective legal framework for successful management of protected areas. They provide practical guidance for all those involved in developing, improving, or reviewing national legislation on protected areas, be they legal drafters and practitioners, protected area managers, interested NGOs, or scholars. These guidelines include fifteen case studies, eight dealing with the protected area legislation of individual countries and six cases dealing with specific sites providing fundamental solutions that stand the test of time.

Author: Thomas Dux
Publisher: LIT Verlag Münster
ISBN: 3643111274
Category : Conflict of laws
Languages : de
Pages : 551

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Book Description
This thesis examines the question of what States are legally empowered to do under international law when they seek to protect certain areas of their Exclusive Economic Zone (EEZ). In this context, the regulation of shipping and other human activities under the Law of the Sea Convention and, in particular, the regime for special areas under Article 211(6) of the Convention are addressed. Global and regional instruments containing mechanisms to protect specific areas are discussed and relevant State practice is considered with a view to possible implications on customary international law. Finally, guidance is given as to what States can practically do to protect specific areas of their EEZ for environmental reason. (Series: Schriften zum See- und Hafenrecht - Vol. 18)

Author: National Research Council
Publisher: National Academies Press
ISBN: 0309072867
Category : Science
Languages : en
Pages : 289

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Book Description
Although the ocean-and the resources within-seem limitless, there is clear evidence that human impacts such as overfishing, habitat destruction, and pollution disrupt marine ecosystems and threaten the long-term productivity of the seas. Declining yields in many fisheries and decay of treasured marine habitats, such as coral reefs, has heightened interest in establishing a comprehensive system of marine protected areas (MPAs)-areas designated for special protection to enhance the management of marine resources. Therefore, there is an urgent need to evaluate how MPAs can be employed in the United States and internationally as tools to support specific conservation needs of marine and coastal waters. Marine Protected Areas compares conventional management of marine resources with proposals to augment these management strategies with a system of protected areas. The volume argues that implementation of MPAs should be incremental and adaptive, through the design of areas not only to conserve resources, but also to help us learn how to manage marine species more effectively.

Author: Yoshifumi Tanaka
Publisher: Routledge
ISBN: 1317188314
Category : Law
Languages : en
Pages : 315

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Book Description
Taking the North-East Atlantic Ocean as an example of regional practice, this book addresses the dual approach to ocean governance in international law. It examines the interaction between zonal and integrated management approaches and the conservation of marine living resources and marine biological diversity. The study examines the limitations of the traditional zonal approach and suggests new possibilities for conformity between sovereign states, international law and sustainable development.

Author: Alexander Gillespie
Publisher: Martinus Nijhoff Publishers
ISBN: 9004161589
Category : Law
Languages : en
Pages : 337

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Book Description
This volume seeks to provide the reader with a clear understanding to the way that protected areas are created, listed and managed in international law. In doing so, it provides a complete overview of the primary international and regional conventions in this area, and the decisions and resolutions that have come from them. In doing so, it provides a comprehensive examination of, inter alia, the World Heritage Convention, the Man and the Biosphere regime, the Ramsar (Wetlands) Treaty, and the Convention on Migratory Species. It also deals extensively with the important regional conventions in this area, covering Europe, Africa and the Americas. The regimes governing international maritime protected areas, and Antarctica, are also dealt with. In each area, the values, selection considerations, management, and compliance considerations are examined in detail and linked into recognizable examples from well known protected sites of international significance.

Author: Nilufer Oral
Publisher: Martinus Nijhoff Publishers
ISBN: 9004250867
Category : Law
Languages : en
Pages : 321

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Book Description
In Regional Co-operation and Protection of the Marine Environment under International Law: The Black Sea, Nilufer Oral examines the regional co-operation mechanism for protection and preservation of the Black Sea marine environment within the framework of international law, and subsequently identifies the necessary components for a robust regional regime based on best legal practices.