Marine protected areas in areas beyond national jurisdiction The pioneering efforts under the OSPAR Convention
The international community has committed itself to establishing a coherent network of marine protected areas (MPAs) by 2012. This network should also extend to areas beyond national jurisdiction (ABNJ), namely the high seas and the ‘Area’ (the seabed and ocean floor and the subsoil thereof beyond t...
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ftdoajarticles:oai:doaj.org/article:d168e255926b498f92135e15d747d298 2023-05-15T17:38:18+02:00 Marine protected areas in areas beyond national jurisdiction The pioneering efforts under the OSPAR Convention Erik J. Molenaar Alex G. Oude Elferink 2009-06-01T00:00:00Z https://doi.org/10.18352/ulr.92 https://doaj.org/article/d168e255926b498f92135e15d747d298 EN eng Utrecht University School of Law http://www.utrechtlawreview.org/articles/10.18352/ulr.92/ https://doaj.org/toc/1871-515X 1871-515X doi:10.18352/ulr.92 https://doaj.org/article/d168e255926b498f92135e15d747d298 Utrecht Law Review, Vol 5, Iss 1, Pp 5-20 (2009) law of the sea international environmental law OSPAR North-East Atlantic Ocean Law in general. Comparative and uniform law. Jurisprudence K1-7720 article 2009 ftdoajarticles https://doi.org/10.18352/ulr.92 2023-01-08T01:35:42Z The international community has committed itself to establishing a coherent network of marine protected areas (MPAs) by 2012. This network should also extend to areas beyond national jurisdiction (ABNJ), namely the high seas and the ‘Area’ (the seabed and ocean floor and the subsoil thereof beyond the limits of national jurisdiction). This article examines the pioneering efforts of OSPAR to establish MPAs in ABNJ in the North-East Atlantic Ocean. In that connection, OSPAR has to work out how to deal with the applicable international governance and regulatory framework, most importantly the United Nations Convention on the Law of the Sea (UNCLOS) and the various ‘competent’ international organizations functioning thereunder. The article’s most important conclusion is that an effective regime for ABNJ in general and also for holistic MPAs in ABNJ requires complementary action at the global and regional levels. OSPAR’s pioneering approach may, if pursued carefully – among other things by respecting the competence of other global and regional bodies – have a decisive impact on the development of the global legal regime in respect of the role of regional environmental organizations in the management of ABNJ. Article in Journal/Newspaper North East Atlantic Directory of Open Access Journals: DOAJ Articles Utrecht Law Review 5 1 5 |
institution |
Open Polar |
collection |
Directory of Open Access Journals: DOAJ Articles |
op_collection_id |
ftdoajarticles |
language |
English |
topic |
law of the sea international environmental law OSPAR North-East Atlantic Ocean Law in general. Comparative and uniform law. Jurisprudence K1-7720 |
spellingShingle |
law of the sea international environmental law OSPAR North-East Atlantic Ocean Law in general. Comparative and uniform law. Jurisprudence K1-7720 Erik J. Molenaar Alex G. Oude Elferink Marine protected areas in areas beyond national jurisdiction The pioneering efforts under the OSPAR Convention |
topic_facet |
law of the sea international environmental law OSPAR North-East Atlantic Ocean Law in general. Comparative and uniform law. Jurisprudence K1-7720 |
description |
The international community has committed itself to establishing a coherent network of marine protected areas (MPAs) by 2012. This network should also extend to areas beyond national jurisdiction (ABNJ), namely the high seas and the ‘Area’ (the seabed and ocean floor and the subsoil thereof beyond the limits of national jurisdiction). This article examines the pioneering efforts of OSPAR to establish MPAs in ABNJ in the North-East Atlantic Ocean. In that connection, OSPAR has to work out how to deal with the applicable international governance and regulatory framework, most importantly the United Nations Convention on the Law of the Sea (UNCLOS) and the various ‘competent’ international organizations functioning thereunder. The article’s most important conclusion is that an effective regime for ABNJ in general and also for holistic MPAs in ABNJ requires complementary action at the global and regional levels. OSPAR’s pioneering approach may, if pursued carefully – among other things by respecting the competence of other global and regional bodies – have a decisive impact on the development of the global legal regime in respect of the role of regional environmental organizations in the management of ABNJ. |
format |
Article in Journal/Newspaper |
author |
Erik J. Molenaar Alex G. Oude Elferink |
author_facet |
Erik J. Molenaar Alex G. Oude Elferink |
author_sort |
Erik J. Molenaar |
title |
Marine protected areas in areas beyond national jurisdiction The pioneering efforts under the OSPAR Convention |
title_short |
Marine protected areas in areas beyond national jurisdiction The pioneering efforts under the OSPAR Convention |
title_full |
Marine protected areas in areas beyond national jurisdiction The pioneering efforts under the OSPAR Convention |
title_fullStr |
Marine protected areas in areas beyond national jurisdiction The pioneering efforts under the OSPAR Convention |
title_full_unstemmed |
Marine protected areas in areas beyond national jurisdiction The pioneering efforts under the OSPAR Convention |
title_sort |
marine protected areas in areas beyond national jurisdiction the pioneering efforts under the ospar convention |
publisher |
Utrecht University School of Law |
publishDate |
2009 |
url |
https://doi.org/10.18352/ulr.92 https://doaj.org/article/d168e255926b498f92135e15d747d298 |
genre |
North East Atlantic |
genre_facet |
North East Atlantic |
op_source |
Utrecht Law Review, Vol 5, Iss 1, Pp 5-20 (2009) |
op_relation |
http://www.utrechtlawreview.org/articles/10.18352/ulr.92/ https://doaj.org/toc/1871-515X 1871-515X doi:10.18352/ulr.92 https://doaj.org/article/d168e255926b498f92135e15d747d298 |
op_doi |
https://doi.org/10.18352/ulr.92 |
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Utrecht Law Review |
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5 |
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1 |
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5 |
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