Marine protected areas in the Southern Ocean: Is the Antarctic Treaty System ready to co-exist with a new United Nations instrument for areas beyond national jurisdiction?
Marine protected areas (MPAs) are a fundamental tool for effective marine conservation and areas beyond national jurisdiction (ABNJ) prove most challenging for their designation. Largely to blame is the currently fragmented and sector-based governance framework under the United Nations Convention on...
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ftpubmed:oai:pubmedcentral.nih.gov:7538148 2023-05-15T13:55:57+02:00 Marine protected areas in the Southern Ocean: Is the Antarctic Treaty System ready to co-exist with a new United Nations instrument for areas beyond national jurisdiction? Gardiner, Natasha B. 2020-10-06 http://www.ncbi.nlm.nih.gov/pmc/articles/PMC7538148/ https://doi.org/10.1016/j.marpol.2020.104212 en eng The Author(s). Published by Elsevier Ltd. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC7538148/ http://dx.doi.org/10.1016/j.marpol.2020.104212 © 2020 The Author(s) Since January 2020 Elsevier has created a COVID-19 resource centre with free information in English and Mandarin on the novel coronavirus COVID-19. The COVID-19 resource centre is hosted on Elsevier Connect, the company's public news and information website. Elsevier hereby grants permission to make all its COVID-19-related research that is available on the COVID-19 resource centre - including this research content - immediately available in PubMed Central and other publicly funded repositories, such as the WHO COVID database with rights for unrestricted research re-use and analyses in any form or by any means with acknowledgement of the original source. These permissions are granted for free by Elsevier for as long as the COVID-19 resource centre remains active. Mar Policy Full Length Article Text 2020 ftpubmed https://doi.org/10.1016/j.marpol.2020.104212 2020-10-11T00:35:48Z Marine protected areas (MPAs) are a fundamental tool for effective marine conservation and areas beyond national jurisdiction (ABNJ) prove most challenging for their designation. Largely to blame is the currently fragmented and sector-based governance framework under the United Nations Convention on the Law of the Sea (UNCLOS, 1982). In the face of rapidly deteriorating biodiversity in ABNJ, negotiations are underway for a new international legally binding instrument (ILBI) mandated to promote the conservation and sustainable use of biodiversity beyond national jurisdiction using tools including MPAs. The Southern Ocean, however, is a uniquely governed space, with two MPAs already established in ABNJ under the Antarctic Treaty System (ATS). This article critically examines the status quo for designating MPAs under the ATS and uses the findings to reflect on how the system might interact with the new United Nations ILBI. Despite this critique, complementary synergies between the two instruments are still possible. I therefore hypothesise that Antarctic Treaty Consultative Parties (ATCPs) and members of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) must collectively engage with the ILBI process and across instruments within the ATS, to ensure the future interplay is one of opportunity, not conflict. The article concludes with recommendations to help ATCPs and CCAMLR members more proactively and effectively engage with progressions in the international law of the sea. Text Antarc* Antarctic Southern Ocean PubMed Central (PMC) Antarctic Southern Ocean The Antarctic Marine Policy 122 104212 |
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Full Length Article Gardiner, Natasha B. Marine protected areas in the Southern Ocean: Is the Antarctic Treaty System ready to co-exist with a new United Nations instrument for areas beyond national jurisdiction? |
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Full Length Article |
description |
Marine protected areas (MPAs) are a fundamental tool for effective marine conservation and areas beyond national jurisdiction (ABNJ) prove most challenging for their designation. Largely to blame is the currently fragmented and sector-based governance framework under the United Nations Convention on the Law of the Sea (UNCLOS, 1982). In the face of rapidly deteriorating biodiversity in ABNJ, negotiations are underway for a new international legally binding instrument (ILBI) mandated to promote the conservation and sustainable use of biodiversity beyond national jurisdiction using tools including MPAs. The Southern Ocean, however, is a uniquely governed space, with two MPAs already established in ABNJ under the Antarctic Treaty System (ATS). This article critically examines the status quo for designating MPAs under the ATS and uses the findings to reflect on how the system might interact with the new United Nations ILBI. Despite this critique, complementary synergies between the two instruments are still possible. I therefore hypothesise that Antarctic Treaty Consultative Parties (ATCPs) and members of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) must collectively engage with the ILBI process and across instruments within the ATS, to ensure the future interplay is one of opportunity, not conflict. The article concludes with recommendations to help ATCPs and CCAMLR members more proactively and effectively engage with progressions in the international law of the sea. |
format |
Text |
author |
Gardiner, Natasha B. |
author_facet |
Gardiner, Natasha B. |
author_sort |
Gardiner, Natasha B. |
title |
Marine protected areas in the Southern Ocean: Is the Antarctic Treaty System ready to co-exist with a new United Nations instrument for areas beyond national jurisdiction? |
title_short |
Marine protected areas in the Southern Ocean: Is the Antarctic Treaty System ready to co-exist with a new United Nations instrument for areas beyond national jurisdiction? |
title_full |
Marine protected areas in the Southern Ocean: Is the Antarctic Treaty System ready to co-exist with a new United Nations instrument for areas beyond national jurisdiction? |
title_fullStr |
Marine protected areas in the Southern Ocean: Is the Antarctic Treaty System ready to co-exist with a new United Nations instrument for areas beyond national jurisdiction? |
title_full_unstemmed |
Marine protected areas in the Southern Ocean: Is the Antarctic Treaty System ready to co-exist with a new United Nations instrument for areas beyond national jurisdiction? |
title_sort |
marine protected areas in the southern ocean: is the antarctic treaty system ready to co-exist with a new united nations instrument for areas beyond national jurisdiction? |
publisher |
The Author(s). Published by Elsevier Ltd. |
publishDate |
2020 |
url |
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC7538148/ https://doi.org/10.1016/j.marpol.2020.104212 |
geographic |
Antarctic Southern Ocean The Antarctic |
geographic_facet |
Antarctic Southern Ocean The Antarctic |
genre |
Antarc* Antarctic Southern Ocean |
genre_facet |
Antarc* Antarctic Southern Ocean |
op_source |
Mar Policy |
op_relation |
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC7538148/ http://dx.doi.org/10.1016/j.marpol.2020.104212 |
op_rights |
© 2020 The Author(s) Since January 2020 Elsevier has created a COVID-19 resource centre with free information in English and Mandarin on the novel coronavirus COVID-19. The COVID-19 resource centre is hosted on Elsevier Connect, the company's public news and information website. Elsevier hereby grants permission to make all its COVID-19-related research that is available on the COVID-19 resource centre - including this research content - immediately available in PubMed Central and other publicly funded repositories, such as the WHO COVID database with rights for unrestricted research re-use and analyses in any form or by any means with acknowledgement of the original source. These permissions are granted for free by Elsevier for as long as the COVID-19 resource centre remains active. |
op_doi |
https://doi.org/10.1016/j.marpol.2020.104212 |
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Marine Policy |
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122 |
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104212 |
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