designate MPAs can bind only the States that are parties to them.
45 Regarding the
enforcement of MPAs in the HS, the principle of flag State jurisdiction applies and
therefore the flag State is responsible for ensuring that its vessels comply with agreed
protective measures under an established MPA, to which that State has agreed to.
46
Additionally, the establishment of MPAs in the HS requires both coordination
and cooperation among a multitude of existing bodies and regional initiatives that
have management functions and competence to adopt measures to protect certain
areas of the HS, such as the International Maritime Organization (IMO) for shipping,
Regional Fisheries Management Organizations (RFMOs) for fishing and regional
seas programmes focussing directly on the protection of the marine environment.
47
Despite the described difficulties in establishing MPAs in ABNJ, the practice is
gaining momentum at regional level where a number of initiatives have been put in
motion.
48 These initiatives include those undertaken in the Mediterranean Sea, the
Southern Ocean, the North-East Atlantic and the Sargasso Sea, although levels of
success vary.
49
2.1.3 Existing Regional Initiatives for the Conservation and Sustainable
Use of ABNJ
Resulting from the lack of an international legal framework governing ABNJ, the
conservation and sustainable use of these areas is being dealt with by a mixture of
different regional institutions/agreements.
50 Most of these institutions focus on the
management of a particular resource or activity, focusing on a particular region,
resulting in a fragmented approach that bears multiple challenges and provides
questionable progress on the establishment and effective management of MPAs in
ABNJ.
51
The Mediterranean Sea
The situation of the Mediterranean Sea is unusual since if all States of the Mediterranean Sea were to declare an EEZ there would be no ABNJ in this area.
52
45 Jakobsen (2016), p. 53; Tanaka (2012b), pp. 315–317; Drankier (2012), pp. 346–347.
46 Ibid. Arts 94 and 217, UNCLOS.
47 Jakobsen (2016), pp. 61–62; Scanlon (2018), p. 409.
48 Wright et al. (2015), p. 277.
49 Gjerde et al. (2016), p. 49; Wright et al. (2015), p. 277.
50 Wright et al. (2018), p. 164; Scott (2012), p. 854.
51 Ibid.
52 Rochette et al. (2014), p. 110.
22 Solving the Potential Conflict: High Seas Marine Protected Areas and Sovereign. . .
429
45 Regarding the
enforcement of MPAs in the HS, the principle of flag State jurisdiction applies and
therefore the flag State is responsible for ensuring that its vessels comply with agreed
protective measures under an established MPA, to which that State has agreed to.
46
Additionally, the establishment of MPAs in the HS requires both coordination
and cooperation among a multitude of existing bodies and regional initiatives that
have management functions and competence to adopt measures to protect certain
areas of the HS, such as the International Maritime Organization (IMO) for shipping,
Regional Fisheries Management Organizations (RFMOs) for fishing and regional
seas programmes focussing directly on the protection of the marine environment.
47
Despite the described difficulties in establishing MPAs in ABNJ, the practice is
gaining momentum at regional level where a number of initiatives have been put in
motion.
48 These initiatives include those undertaken in the Mediterranean Sea, the
Southern Ocean, the North-East Atlantic and the Sargasso Sea, although levels of
success vary.
49
2.1.3 Existing Regional Initiatives for the Conservation and Sustainable
Use of ABNJ
Resulting from the lack of an international legal framework governing ABNJ, the
conservation and sustainable use of these areas is being dealt with by a mixture of
different regional institutions/agreements.
50 Most of these institutions focus on the
management of a particular resource or activity, focusing on a particular region,
resulting in a fragmented approach that bears multiple challenges and provides
questionable progress on the establishment and effective management of MPAs in
ABNJ.
51
The Mediterranean Sea
The situation of the Mediterranean Sea is unusual since if all States of the Mediterranean Sea were to declare an EEZ there would be no ABNJ in this area.
52
45 Jakobsen (2016), p. 53; Tanaka (2012b), pp. 315–317; Drankier (2012), pp. 346–347.
46 Ibid. Arts 94 and 217, UNCLOS.
47 Jakobsen (2016), pp. 61–62; Scanlon (2018), p. 409.
48 Wright et al. (2015), p. 277.
49 Gjerde et al. (2016), p. 49; Wright et al. (2015), p. 277.
50 Wright et al. (2018), p. 164; Scott (2012), p. 854.
51 Ibid.
52 Rochette et al. (2014), p. 110.
22 Solving the Potential Conflict: High Seas Marine Protected Areas and Sovereign. . .
429