while CCAS and sealing have not been addressed amongst the parties to the
Antarctic Treaty.
Generally, although the ATS, legally speaking, does indeed provide for the
inclusion of marine mammals into its regulatory regimes, the plain fact that marine
mammal hunts have caused such great controversy amongst parties particularly in
the IWC has prevented the ATS to engage with a full-scale ecosystem approach to
Antarctic environmental protection. Marine mammals are singled out. While this
might, on the surface, seem unreasonable, it makes quite a lot of sense. If sealing or,
particularly, whaling were to enter Antarctic decision-making discourse, the
consensus-driven regime would be in jeopardy. It appears therefore reasonable, if
not necessary, to leave out such controversial issues to ensure the longevity and
effectiveness of the regime itself.
4.4
The Importance of Marine Protected Areas
While in the Antarctic sealing and whaling have been largely avoided by the parties
to the Antarctic Treaty System, this does not mean that whaling regimes have
avoided the Antarctic. A crucial role in this regard play marine protected areas
(MPAs), which have emerged as a conservation tool not only in the Antarctic, but
all over the world. Currently, around 3.4% of the world’s oceans are MPAs, mostly,
however, in national waters. MPAs constitute the oldest type of mechanism for the
protection of the marine environment. As the name implies, marine protected areas,
in broad terms, are specifically designated marine areas, including coastal, estuary or
lake areas, in which human activity is limited in regard to the exploitation and
utilisation of the marine environment. This means that resource exploitation is either
fully prohibited or confined to specific seasons or species. The objectives of MPAs
are therefore to protect the marine ecosystem or to protect specific species. The
terminology of MPAs varies greatly, however, and different countries use different
terms, such as marine park, marine protected area, marine reserve, sanctuary or
something similar.
Despite the existence of diverging terminology, the quintessence of these areas is
the same and they denote areas in which in some form or another the marine
ecosystem is protected. One special feature of MPAs is that they are always
concluded under one specific regime—either multilateral or domestic. For seals,
for example, Finland has put in place several seal sanctuaries in which seals are
strictly protected. These sanctuaries are subject to national legislation. MPAs also
play a role under the International Convention for the Regulation of Whaling and its
Schedule (see in detail Chap. 5). Although the ICRW in principle allows for the
commercial hunt of whales, since 1982 a zero catch quota has been put in place—
commonly referred to as the ‘whaling moratorium’. Apart from this quota, which can
theoretically be lifted again, a second means of broadly protecting whales has been
put in place: whale sanctuaries. Whale sanctuaries are specifically designated
extremely large areas all over the world in which whales are fully protected
76
4 The Global Framework for the Environment and Marine Mammals
Antarctic Treaty.
Generally, although the ATS, legally speaking, does indeed provide for the
inclusion of marine mammals into its regulatory regimes, the plain fact that marine
mammal hunts have caused such great controversy amongst parties particularly in
the IWC has prevented the ATS to engage with a full-scale ecosystem approach to
Antarctic environmental protection. Marine mammals are singled out. While this
might, on the surface, seem unreasonable, it makes quite a lot of sense. If sealing or,
particularly, whaling were to enter Antarctic decision-making discourse, the
consensus-driven regime would be in jeopardy. It appears therefore reasonable, if
not necessary, to leave out such controversial issues to ensure the longevity and
effectiveness of the regime itself.
4.4
The Importance of Marine Protected Areas
While in the Antarctic sealing and whaling have been largely avoided by the parties
to the Antarctic Treaty System, this does not mean that whaling regimes have
avoided the Antarctic. A crucial role in this regard play marine protected areas
(MPAs), which have emerged as a conservation tool not only in the Antarctic, but
all over the world. Currently, around 3.4% of the world’s oceans are MPAs, mostly,
however, in national waters. MPAs constitute the oldest type of mechanism for the
protection of the marine environment. As the name implies, marine protected areas,
in broad terms, are specifically designated marine areas, including coastal, estuary or
lake areas, in which human activity is limited in regard to the exploitation and
utilisation of the marine environment. This means that resource exploitation is either
fully prohibited or confined to specific seasons or species. The objectives of MPAs
are therefore to protect the marine ecosystem or to protect specific species. The
terminology of MPAs varies greatly, however, and different countries use different
terms, such as marine park, marine protected area, marine reserve, sanctuary or
something similar.
Despite the existence of diverging terminology, the quintessence of these areas is
the same and they denote areas in which in some form or another the marine
ecosystem is protected. One special feature of MPAs is that they are always
concluded under one specific regime—either multilateral or domestic. For seals,
for example, Finland has put in place several seal sanctuaries in which seals are
strictly protected. These sanctuaries are subject to national legislation. MPAs also
play a role under the International Convention for the Regulation of Whaling and its
Schedule (see in detail Chap. 5). Although the ICRW in principle allows for the
commercial hunt of whales, since 1982 a zero catch quota has been put in place—
commonly referred to as the ‘whaling moratorium’. Apart from this quota, which can
theoretically be lifted again, a second means of broadly protecting whales has been
put in place: whale sanctuaries. Whale sanctuaries are specifically designated
extremely large areas all over the world in which whales are fully protected
76
4 The Global Framework for the Environment and Marine Mammals