Regardless of this, ABNJ still exists in the Mediterranean Sea as its States have opted
for a different approach.
53
The Convention for the Protection of the Marine Environment and the Coastal
Region of the Mediterranean Sea, adopted in 1976, in Barcelona, and amended in
1995, reflects the acknowledgement of the need to protect the Mediterranean Sea by
its signatories.
54
The 1995 Protocol, concerning Specially Protected Areas and Biological Diversity in the Mediterranean, includes ABNJ. As a result of this Protocol, in 1999, the
Pelagos Sanctuary was the first MPA, partly covering the HS, established within the
framework of a regional sea.
55
Regardless of this, the management of the Pelagos Sanctuary has encountered
several difficulties as it has failed to fulfil its main goal of improving the conservation status of the area’s marine mammal populations.
56 Firstly, due to the lack of a
management body dedicated to it and secondly, due to the challenge of coordination
of management activities as the regulation of fisheries activities in the region falls
under the General Fisheries Commission for the Mediterranean and Black Sea.
57
The North East Atlantic
The 1992 OSPAR Convention for the Protection of the Marine Environment of the
North East Atlantic regulates most human activities that can affect the marine
environment and, 40% of the area it covers, falls within ABNJ.
58
In 2010, the OSPAR Commission established the first network of MPAs in ABNJ
on the basis of legally binding decisions for its establishment and non-binding
recommendations on the management of said MPAs.
59 Consequently, even though
legally competent for the establishment of MPAs in ABNJ, its legal competence to
adopt protective measures therein is limited, resulting in questionable effectiveness
of the designation of the MPAs in the first place.
60
In addition to this, human activities such as fisheries, shipping and seabed mining
fall outside the scope of activities within the mandate of the OSPAR Commission
and therefore, measures of this nature have to be negotiated within the frameworks of
53 Ibid.
54 Ibid.
55 Rochette et al. (2014), pp. 110 and 112–113; Wright et al. (2015), p. 278; Gjerde et al.
(2016), p. 50.
56 Rochette et al. (2014), pp. 110 and 112–113; Wright et al. (2015), p. 278.
57 Ibid.
58 Rochette et al. (2014), p. 111; Wright et al. (2015), pp. 281–283.
59 Rochette et al. (2014), pp. 111 and 113; Jakobsen (2016), pp. 230–231; Wright et al. (2015),
pp. 281–283; Scott (2012), p. 853; Gjerde et al. (2016), p. 50.
60 Rochette et al. (2014), pp. 111 and 113; Wright et al. (2015), pp. 281–283.
430
I. Aguiar Branco
for a different approach.
53
The Convention for the Protection of the Marine Environment and the Coastal
Region of the Mediterranean Sea, adopted in 1976, in Barcelona, and amended in
1995, reflects the acknowledgement of the need to protect the Mediterranean Sea by
its signatories.
54
The 1995 Protocol, concerning Specially Protected Areas and Biological Diversity in the Mediterranean, includes ABNJ. As a result of this Protocol, in 1999, the
Pelagos Sanctuary was the first MPA, partly covering the HS, established within the
framework of a regional sea.
55
Regardless of this, the management of the Pelagos Sanctuary has encountered
several difficulties as it has failed to fulfil its main goal of improving the conservation status of the area’s marine mammal populations.
56 Firstly, due to the lack of a
management body dedicated to it and secondly, due to the challenge of coordination
of management activities as the regulation of fisheries activities in the region falls
under the General Fisheries Commission for the Mediterranean and Black Sea.
57
The North East Atlantic
The 1992 OSPAR Convention for the Protection of the Marine Environment of the
North East Atlantic regulates most human activities that can affect the marine
environment and, 40% of the area it covers, falls within ABNJ.
58
In 2010, the OSPAR Commission established the first network of MPAs in ABNJ
on the basis of legally binding decisions for its establishment and non-binding
recommendations on the management of said MPAs.
59 Consequently, even though
legally competent for the establishment of MPAs in ABNJ, its legal competence to
adopt protective measures therein is limited, resulting in questionable effectiveness
of the designation of the MPAs in the first place.
60
In addition to this, human activities such as fisheries, shipping and seabed mining
fall outside the scope of activities within the mandate of the OSPAR Commission
and therefore, measures of this nature have to be negotiated within the frameworks of
53 Ibid.
54 Ibid.
55 Rochette et al. (2014), pp. 110 and 112–113; Wright et al. (2015), p. 278; Gjerde et al.
(2016), p. 50.
56 Rochette et al. (2014), pp. 110 and 112–113; Wright et al. (2015), p. 278.
57 Ibid.
58 Rochette et al. (2014), p. 111; Wright et al. (2015), pp. 281–283.
59 Rochette et al. (2014), pp. 111 and 113; Jakobsen (2016), pp. 230–231; Wright et al. (2015),
pp. 281–283; Scott (2012), p. 853; Gjerde et al. (2016), p. 50.
60 Rochette et al. (2014), pp. 111 and 113; Wright et al. (2015), pp. 281–283.
430
I. Aguiar Branco