the North East Atlantic Fisheries Commission (NEAFC), the IMO and the ISA
respectively.
61
In an attempt to overcome the referred regulatory gaps, the OSPAR Commission
has developed a “Collective Arrangement between competent authorities on the
management of selected areas in ABNJ in the North East Atlantic” that should be
strengthened by a set of MoUs with the relevant sectoral management organizations.
62 So far, only the MoU with NEAFC has been signed.
63
The Southern Ocean
The Southern Ocean falls mostly in ABNJ and is managed and regulated by the 1959
Antarctic Treaty System of which the Convention for the Conservation of Antarctic
Marine Living Resources (CCAMLR) is a part of.
64
The South Orkney Islands Southern Shelf MPA, established in 2009, was the first
MPA established by CCAMLR in the HS and was followed by the establishment, in
2016, of the Ross Sea region MPA.
65 However, both MPAs deal merely with the
impacts of fishing
66 and due to the fact that the CCAMLR Commission takes
binding decisions by consensus of its members, the MPA establishment process
has been highly politicized.
67
The Sargasso Sea
The Sargasso Sea is primarily located in ABNJ and refers to an area where no
regional seas programs or RFMOs exist.
68 In an attempt to establish a management
regime to enhance the protection of BBNJ, the Sargasso Sea Alliance was
established.
69 This was accomplished through the signing of the Hamilton
Declaration.
The objective of the Hamilton Declaration is to work with the current regulatory
structures to seek to develop appropriate conservation measures as such, no regulatory or management authority was created.
70
61 Rochette et al. (2014), pp. 111 and 113; Scott (2012), p. 853.
62 Rochette et al. (2014), p. 113.
63 Gjerde et al. (2016), p. 50; Rochette et al. (2014), p. 113; Scott (2012), p. 853.
64 Rochette et al. (2014), p. 111; Wright et al. (2015), pp. 279–281.
65 Rochette et al. (2014), pp. 113–114; Gjerde et al. (2016), p. 50; Scott (2012), pp. 852–853.
66 Rochette et al. (2014), pp. 113–114; Scott (2012), pp. 852–853.
67 Rochette et al. (2014), p. 112; Wright et al. (2015), pp. 279–281; Gjerde et al. (2016), p. 50.
68 Rochette et al. (2014), p. 112; Wright et al. (2015), pp. 283–284; Freestone and Bulger (2016),
pp. 80–85.
69 Ibid.
70 Ibid.
22 Solving the Potential Conflict: High Seas Marine Protected Areas and Sovereign. . .
431
respectively.
61
In an attempt to overcome the referred regulatory gaps, the OSPAR Commission
has developed a “Collective Arrangement between competent authorities on the
management of selected areas in ABNJ in the North East Atlantic” that should be
strengthened by a set of MoUs with the relevant sectoral management organizations.
62 So far, only the MoU with NEAFC has been signed.
63
The Southern Ocean
The Southern Ocean falls mostly in ABNJ and is managed and regulated by the 1959
Antarctic Treaty System of which the Convention for the Conservation of Antarctic
Marine Living Resources (CCAMLR) is a part of.
64
The South Orkney Islands Southern Shelf MPA, established in 2009, was the first
MPA established by CCAMLR in the HS and was followed by the establishment, in
2016, of the Ross Sea region MPA.
65 However, both MPAs deal merely with the
impacts of fishing
66 and due to the fact that the CCAMLR Commission takes
binding decisions by consensus of its members, the MPA establishment process
has been highly politicized.
67
The Sargasso Sea
The Sargasso Sea is primarily located in ABNJ and refers to an area where no
regional seas programs or RFMOs exist.
68 In an attempt to establish a management
regime to enhance the protection of BBNJ, the Sargasso Sea Alliance was
established.
69 This was accomplished through the signing of the Hamilton
Declaration.
The objective of the Hamilton Declaration is to work with the current regulatory
structures to seek to develop appropriate conservation measures as such, no regulatory or management authority was created.
70
61 Rochette et al. (2014), pp. 111 and 113; Scott (2012), p. 853.
62 Rochette et al. (2014), p. 113.
63 Gjerde et al. (2016), p. 50; Rochette et al. (2014), p. 113; Scott (2012), p. 853.
64 Rochette et al. (2014), p. 111; Wright et al. (2015), pp. 279–281.
65 Rochette et al. (2014), pp. 113–114; Gjerde et al. (2016), p. 50; Scott (2012), pp. 852–853.
66 Rochette et al. (2014), pp. 113–114; Scott (2012), pp. 852–853.
67 Rochette et al. (2014), p. 112; Wright et al. (2015), pp. 279–281; Gjerde et al. (2016), p. 50.
68 Rochette et al. (2014), p. 112; Wright et al. (2015), pp. 283–284; Freestone and Bulger (2016),
pp. 80–85.
69 Ibid.
70 Ibid.
22 Solving the Potential Conflict: High Seas Marine Protected Areas and Sovereign. . .
431