Convention), which was adopted in 1992.
22 The OSPAR Convention is not a regime
that was concluded specifically with marine mammals in mind, but is a merger
convention between the Convention for the Prevention of Marine Pollution by
Dumping from Ships and Aircraft (Oslo Convention)
23 and the Convention for the
Prevention of Marine Pollution from Land-Based Sources (Paris Convention)
24
—
hence the merger-name between Oslo and Paris: OSPAR. In other words, the
OSPAR Convention is a regime identifying pollution in its various forms as one
of the main threats to the North Atlantic ecosystem. Here, the role of the OSPAR
Commission, established under the convention, rests in the assessment of the marine
ecosystem and associated conservation recommendations to the contracting
governments.
For instance, the year 2013 saw three recommendations on further measures for
the protection and conservation of northern right whales, bowhead whales and North
Atlantic blue whales. While the recommendations were merely recommendations to
the contracting parties and therefore not legally binding, they nevertheless have
significant normative power. After all, the recommendations contain precise steps
for further monitoring of the species as well as a timetable and a template for
reporting and implementation of the recommendations. The European Union,
along with several separate governments of EU member states, as well as
Switzerland, Iceland, Luxembourg and Norway are party to the convention. Actions
taken in the OSPAR area by the member states consequently have an impact on the
North Atlantic ecosystem and marine mammal species. This is especially true in
OSPAR’s work on underwater noise, one of the main issues impacting whale
behaviour, having led to mass strandings. All in all, OSPAR’s work areas, including
biodiversity, hazardous substances, human activities, offshore industries, radioactive
substances as well as cross-cutting issues, and associated decisions and
recommendations strongly affect marine mammals in the OSPAR convention area.
The most direct effect, however, lies in OSPAR’s marine protected areas, which
directly impact any human activity therein. We will explore these in Sect. 4.4.
4.3.3 The Antarctic
By many the Antarctic is considered to be the last frontier on Earth. After all,
Antarctica is a vast, isolated, ice-covered continent which is, apart from scientists
and research personnel, uninhabited. Yet, from the outset, the Antarctic has been a
‘goldmine’ for marine mammal exploitation. Sub-Antarctic islands such as South
22 Convention for the Protection of the Marine Environment of the Northeast Atlantic, 22 Sept 1992
(2354 UNTS 67).
23 Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft (Oslo
Convention),15 Feb 1972 (932 UNTS 3).
24 Convention for the Prevention of Marine Pollution from Land-Based Sources (Paris Convention),
4 June 1975 (1546 UNTS 119).
4.3 Regional Regimes
73
22 The OSPAR Convention is not a regime
that was concluded specifically with marine mammals in mind, but is a merger
convention between the Convention for the Prevention of Marine Pollution by
Dumping from Ships and Aircraft (Oslo Convention)
23 and the Convention for the
Prevention of Marine Pollution from Land-Based Sources (Paris Convention)
24
—
hence the merger-name between Oslo and Paris: OSPAR. In other words, the
OSPAR Convention is a regime identifying pollution in its various forms as one
of the main threats to the North Atlantic ecosystem. Here, the role of the OSPAR
Commission, established under the convention, rests in the assessment of the marine
ecosystem and associated conservation recommendations to the contracting
governments.
For instance, the year 2013 saw three recommendations on further measures for
the protection and conservation of northern right whales, bowhead whales and North
Atlantic blue whales. While the recommendations were merely recommendations to
the contracting parties and therefore not legally binding, they nevertheless have
significant normative power. After all, the recommendations contain precise steps
for further monitoring of the species as well as a timetable and a template for
reporting and implementation of the recommendations. The European Union,
along with several separate governments of EU member states, as well as
Switzerland, Iceland, Luxembourg and Norway are party to the convention. Actions
taken in the OSPAR area by the member states consequently have an impact on the
North Atlantic ecosystem and marine mammal species. This is especially true in
OSPAR’s work on underwater noise, one of the main issues impacting whale
behaviour, having led to mass strandings. All in all, OSPAR’s work areas, including
biodiversity, hazardous substances, human activities, offshore industries, radioactive
substances as well as cross-cutting issues, and associated decisions and
recommendations strongly affect marine mammals in the OSPAR convention area.
The most direct effect, however, lies in OSPAR’s marine protected areas, which
directly impact any human activity therein. We will explore these in Sect. 4.4.
4.3.3 The Antarctic
By many the Antarctic is considered to be the last frontier on Earth. After all,
Antarctica is a vast, isolated, ice-covered continent which is, apart from scientists
and research personnel, uninhabited. Yet, from the outset, the Antarctic has been a
‘goldmine’ for marine mammal exploitation. Sub-Antarctic islands such as South
22 Convention for the Protection of the Marine Environment of the Northeast Atlantic, 22 Sept 1992
(2354 UNTS 67).
23 Convention for the Prevention of Marine Pollution by Dumping from Ships and Aircraft (Oslo
Convention),15 Feb 1972 (932 UNTS 3).
24 Convention for the Prevention of Marine Pollution from Land-Based Sources (Paris Convention),
4 June 1975 (1546 UNTS 119).
4.3 Regional Regimes
73