Conference is planned to have four sessions. The first was convened in September
2018 and the fourth was programmed to take place in 2020. The Conference
addresses four topics, together and as a whole: marine genetic resources
9 ; measures
such as area-based management tools, including marine protected areas (hereinafter,
MPAs); environmental impact assessments; and capacity-building and the transfer of
marine technology. This chapter will focus on MPAs understood as a “geographically defined area which is designated or regulated and managed to achieve specific
conservation objectives.”
10
Area-based management tools, including MPAs, have been the subject of detailed
discussions and proposals since the first meeting.
11 Pending the outcome of the
intergovernmental conference, this chapter will focus on the main features of the
current experience. Specifically, it will examine the possible scope of MPAs beyond
national jurisdiction according to the existing international legal framework. This is
a key reference given that the future UNCLOS implementing agreement should be
fully consistent with UNCLOS and should not undermine existing relevant legal
instruments, frameworks or bodies.
12
The first MPA beyond national jurisdiction was established in 2009. There are
currently nine, twelve including marine areas protected only by the state that has
made a submission to the United Nations Commission on the Limits of the Continental Shelf for an extended continental shelf (hereinafter, CS) in that area.
13 In any
case, so far the reference frameworks are international organisations/agreements. On
the one hand, there is the Convention on the Conservation of Antarctic Marine
Living Resources (hereinafter, CAMLR Convention) and its Commission (hereinafter, CCAMLR), which has recognised two MPAs beyond national jurisdiction.
14
On the other hand, there is the Convention for the Protection of the Marine
Environment of the North-East Atlantic (hereinafter, OSPAR Convention) and its
Commission (hereinafter, OSPAR Commission). There are seven MPAs beyond
national jurisdiction collectively protected by all OSPAR contracting parties
15 and
9 Art. 2, Convention on Biological Diversity: “(. . .) ‘Genetic material’ means any material of plant,
animal, microbial or other origin containing functional units of heredity. ‘Genetic resources’ means
genetic material of actual or potential value”.
10 For the purposes of this chapter, the definition of “protected area” given in the Convention on
Biological Diversity (Art. 2) will be used. On the definitions of “MPA”, see, e.g.: Briggs et al.
(2018), pp. 9–10; Ribeiro (2014), pp. 185–191; Jakobsen (2016), pp. 6–9; Wolf and
Bischoff (2013).
11 Statement by the President of the conference at the closing of the first session (doc A/CONF.232/
2018/7, 20 September 2018), pp. 3–4, 10–15.
12 A/RES/72/249, paragraphs 6–7.
13 Art. 76.1 UNCLOS. An extended CS is when the outer edge of the continental margin is beyond
200 nautical miles.
14 The South Orkney Islands Southern Shelf MPA, conservation measure 91-03 (2009); and the
Ross Sea Region MPA, conservation measure 91-05 (2016). See also: “General framework for the
establishment of CCAMLR Marine Protected Areas”, conservation measure 91-04 (2011).
15 Six MPAs beyond national jurisdiction were established in 2010: Milne Seamount Complex
MPA (OSPAR Decision 2010/1); Charlie-Gibbs South Marine Protected Area (OSPAR Decision
23 North East Atlantic Marine Protected Areas Beyond National Jurisdiction.. . .
445
2018 and the fourth was programmed to take place in 2020. The Conference
addresses four topics, together and as a whole: marine genetic resources
9 ; measures
such as area-based management tools, including marine protected areas (hereinafter,
MPAs); environmental impact assessments; and capacity-building and the transfer of
marine technology. This chapter will focus on MPAs understood as a “geographically defined area which is designated or regulated and managed to achieve specific
conservation objectives.”
10
Area-based management tools, including MPAs, have been the subject of detailed
discussions and proposals since the first meeting.
11 Pending the outcome of the
intergovernmental conference, this chapter will focus on the main features of the
current experience. Specifically, it will examine the possible scope of MPAs beyond
national jurisdiction according to the existing international legal framework. This is
a key reference given that the future UNCLOS implementing agreement should be
fully consistent with UNCLOS and should not undermine existing relevant legal
instruments, frameworks or bodies.
12
The first MPA beyond national jurisdiction was established in 2009. There are
currently nine, twelve including marine areas protected only by the state that has
made a submission to the United Nations Commission on the Limits of the Continental Shelf for an extended continental shelf (hereinafter, CS) in that area.
13 In any
case, so far the reference frameworks are international organisations/agreements. On
the one hand, there is the Convention on the Conservation of Antarctic Marine
Living Resources (hereinafter, CAMLR Convention) and its Commission (hereinafter, CCAMLR), which has recognised two MPAs beyond national jurisdiction.
14
On the other hand, there is the Convention for the Protection of the Marine
Environment of the North-East Atlantic (hereinafter, OSPAR Convention) and its
Commission (hereinafter, OSPAR Commission). There are seven MPAs beyond
national jurisdiction collectively protected by all OSPAR contracting parties
15 and
9 Art. 2, Convention on Biological Diversity: “(. . .) ‘Genetic material’ means any material of plant,
animal, microbial or other origin containing functional units of heredity. ‘Genetic resources’ means
genetic material of actual or potential value”.
10 For the purposes of this chapter, the definition of “protected area” given in the Convention on
Biological Diversity (Art. 2) will be used. On the definitions of “MPA”, see, e.g.: Briggs et al.
(2018), pp. 9–10; Ribeiro (2014), pp. 185–191; Jakobsen (2016), pp. 6–9; Wolf and
Bischoff (2013).
11 Statement by the President of the conference at the closing of the first session (doc A/CONF.232/
2018/7, 20 September 2018), pp. 3–4, 10–15.
12 A/RES/72/249, paragraphs 6–7.
13 Art. 76.1 UNCLOS. An extended CS is when the outer edge of the continental margin is beyond
200 nautical miles.
14 The South Orkney Islands Southern Shelf MPA, conservation measure 91-03 (2009); and the
Ross Sea Region MPA, conservation measure 91-05 (2016). See also: “General framework for the
establishment of CCAMLR Marine Protected Areas”, conservation measure 91-04 (2011).
15 Six MPAs beyond national jurisdiction were established in 2010: Milne Seamount Complex
MPA (OSPAR Decision 2010/1); Charlie-Gibbs South Marine Protected Area (OSPAR Decision
23 North East Atlantic Marine Protected Areas Beyond National Jurisdiction.. . .
445