Marine protected areas: a spark for contestation over rational use' of Antarctic marine living resources in the Southern Ocean?

Over the last decade, there have been several proposals attemptingto establish marine protected areas (MPAs) within the SouthernOcean under the Convention on the Conservation of AntarcticMarine Living Resources (CAMLR Convention). However, despitemuch work undertaken by the Commission for the Conser...

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Bibliographic Details
Published in:Australian Journal of Maritime & Ocean Affairs
Main Authors: Smith, D, McGee, J, Jabour, J
Format: Article in Journal/Newspaper
Language:English
Published: Routledge 2016
Subjects:
Law
Online Access:https://doi.org/10.1080/18366503.2016.1229398
http://ecite.utas.edu.au/112074
Description
Summary:Over the last decade, there have been several proposals attemptingto establish marine protected areas (MPAs) within the SouthernOcean under the Convention on the Conservation of AntarcticMarine Living Resources (CAMLR Convention). However, despitemuch work undertaken by the Commission for the Conservationof Antarctic Marine Living Resources (CCAMLR) and its ScientificCommittee, only one MPA has been designated near the SouthOrkney Islands in 2009. More recent MPA proposals have beencontested with some CCAMLR members claiming that rationaluse of the CAMLR Convention area (as it appears in the objectsclause of the CAMLR Convention) does not support theestablishment of such MPAs. This article shows how internationallaw rules on treaty interpretation might assist in resolving suchdisputes. We also suggest that recent interpretative disputes overthe meaning of rational use of the CAMLR Convention area areconsistent with wider value conflicts over use of marine resourceactivities in the Southern Ocean. These value conflicts may needto be managed diplomatically in order to avoid escalation.