Abstract
To address the question how a future instrument for areas beyond national jurisdiction (ABNJ) might give consideration to the rights and obligations of coastal States and other States in establishing marine protected areas (MPAs) in ABNJ, the current article discusses the options that have been tabled in this respect in the preparatory meetings for the intergovernmental conference that will be negotiating that instrument. In considering the current legal framework, the focus is on the United Nations Convention on the Law of the Sea (LOSC), as the new instrument is to be elaborated under the LOSC and is required to be fully consistent with it. The article analyses the relevant practice of four specific regions that have established MPAs in ABNJ. The article concludes that due regard is fundamental in addressing interactions between coastal States and other States and considers some options to provide it with specific content.
| Original language | English |
|---|---|
| Pages (from-to) | 437-466 |
| Number of pages | 30 |
| Journal | International Journal of Marine and Coastal Law |
| Volume | 33 |
| Issue number | 3 |
| DOIs | |
| Publication status | Published - 1 Jan 2018 |
Funding
* Principal Investigator Nereus Program; Predicting Future Oceans; The Nippon Foundation. This article originates in the presentation MPAs adjacent to or adjoining areas under national jurisdiction: legal and practical challenges I gave at the BBNJ Workshop on the conserva-tion and sustainable use of marine biological diversity beyond areas of national jurisdiction through a new legally binding instrument under UNCLOS convened by the Government of Portugal and the High Seas Alliance in Lisbon from 1 to 3 March 2017. I would like to thank the organizers for providing me this opportunity and the participants at the workshop for their feedback. I would like to thank Rui Chang for her research in preparation of this article and her contribution to preparing a first draft outline and Catherine Blanchard, Erik Molenaar, Rui Chang and two anonymous reviewers for commenting on a draft version of this article.
Keywords
- Adjacency
- Areas beyond national jurisdiction (ABNJ)
- Biological diversity of areas beyond national jurisdiction (BBNJ)
- Coastal States
- Continental shelf
- Due regard
- Exclusive economic zone
- High seas
- International legally binding instrument (ILBI)
- Marine protected areas (MPA s)
