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Author: Anna von Rebay
Publisher: Springer Nature
ISBN: 3031291751
Category : Law
Languages : en
Pages : 289
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Book Description
This book provides empirical evidence that all States have a universally binding obligation to adopt national laws and international treaties to protect the marine environment, including the designation of Marine Protected Areas. Chapter by chapter this obligation is detailed, providing the foundation for holding States responsible for fulfilling this obligation. The fundamentals are analysed in a preliminary chapter, which examines the legally binding sources of the Law of the Sea as well as its historical development to help readers understand the key principles at hand. The Law of the Sea provides more than 1000 instruments and more than 300 regulations concerning marine protection. While the scope of most treaties is limited either regarding species, regions or activities, one regulation addresses States in all waters: the obligation to protect and preserve the marine environment as stipulated under Art. 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). As this ‘Constitution of the Ocean’ not only contains conventional laws but also very broadly reflects pre-existing rules of customary international law, an extensive analysis of all statements made by States in the UN General Assembly, their practices, national laws and regulations as well as other public testimonials demonstrates that Art. 192 UNCLOS indeed binds the whole community of States as a rule of customary international law with an erga omnes effect. Due to the lack of any objections and its fundamental value for humankind, this regulation can also be considered a new peremptory norm of international law (ius cogens). While the sovereign equality of States recognises States’ freedom to decide if and how to enter into a given obligation, States can also waive this freedom. If States accepted a legally binding obligation, they are thus bound to it. Concerning the specific content of Art. 192 UNCLOS, a methodical interpretation concludes that only the adoption of legislative measures (national laws and international agreements) suffices to comply with the obligation to protect and preserve the marine environment, which is confirmed by the States’ practices and relevant jurisprudence. When applied to a specific geographical area, legislative measures to protect the marine environment concur with the definition of Marine Protected Areas. Nonetheless, as the obligation applies to all waters, the Grotian principle of the freedom of the sea dictates that the restriction of activities through the designation of Marine Protected Areas, on the one hand, must be weighed against the freedoms of other States on the other. To anticipate the result: while all other rights under the UNCLOS are subject to and contingent on other regulations of the UNCLOS and international law, only the obligation to protect and preserve the marine environment is granted absolutely – and thus outweighs all other interests.
Author: John Humphreys
Publisher: Elsevier
ISBN: 0081026986
Category : Science
Languages : en
Pages : 828
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Book Description
Marine Protected Areas: Science, Policy and Management addresses a full spectrum of issues relating to Marine Protected Areas (MPAs) not currently available in any other single volume. Chapters are contributed by a wide range of working specialists who examine conceptions and definitions of MPAs, progress on the implementation of worldwide MPAs, policy and legal variations across MPAs, the general importance of coastal communities in implementation, and the future of MPAs. The book constructively elucidates conflicts, issues, approaches and solutions in a way that creates a balanced consideration of the nature of effective policy and management. Those in theory, designation, implementation or management of MPAs, from individuals, marine sector organizations, and university and research center libraries will find it an important work.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309072867
Category : Science
Languages : en
Pages : 289
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Book Description
Although the ocean-and the resources within-seem limitless, there is clear evidence that human impacts such as overfishing, habitat destruction, and pollution disrupt marine ecosystems and threaten the long-term productivity of the seas. Declining yields in many fisheries and decay of treasured marine habitats, such as coral reefs, has heightened interest in establishing a comprehensive system of marine protected areas (MPAs)-areas designated for special protection to enhance the management of marine resources. Therefore, there is an urgent need to evaluate how MPAs can be employed in the United States and internationally as tools to support specific conservation needs of marine and coastal waters. Marine Protected Areas compares conventional management of marine resources with proposals to augment these management strategies with a system of protected areas. The volume argues that implementation of MPAs should be incremental and adaptive, through the design of areas not only to conserve resources, but also to help us learn how to manage marine species more effectively.
Author: Peter Jones
Publisher: Routledge
ISBN: 113645523X
Category : Nature
Languages : en
Pages : 257
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Book Description
In this innovative volume, the author addresses some important challenges related to the effective and equitable governance of marine protected areas (MPAs). These challenges are explored through a study of 20 MPA case studies from around the world. A novel governance analysis framework is employed to address some key questions: How can top-down and bottom-up approaches to MPA governance be combined? What does this mean, in reality, in different contexts? How can we develop and implement governance approaches that are both effective in achieving conservation objectives and equitable in fairly sharing associated costs and benefits? The author explores the many issues that these questions raise, as well as exploring options for addressing them. A key theme is that MPA governance needs to combine people, state and market approaches, rather than being based on one approach and its related ideals. Building on a critique of the governance analysis framework developed for common-pool resources, the author puts forward a more holistic and less prescriptive framework for deconstructing and analyzing the governance of MPAs. This inter-disciplinary analysis is aimed at supporting the development of MPA governance approaches that build social-ecological resilience through both institutional and biological diversity. It will also make a significant contribution to wider debates on natural resource governance, as it poses some critical questions for contemporary approaches to related research and offers an alternative theoretical and empirical approach.
Author: Tundi S. Agardy
Publisher: Academic Press
ISBN: 0080551033
Category : Technology & Engineering
Languages : en
Pages : 259
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Book Description
This book reviews the need for marine conservation, summarizes general measures for ocean and coastal conservation, and explains the rationale for establishing marine protected areas. The second half of the book is essentially a guideline for designing and implementing protected areas in order to make them viable and long-lasting in their effectiveness.
Author: Robert S. Pomeroy
Publisher: IUCN
ISBN: 2831707358
Category : Business & Economics
Languages : en
Pages : 234
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Book Description
Guidebook which aims to improve MPA management by providing a framework that links the goals and objectives of MPAs with indicators that measure management effectiveness. The framework and indicators were field-tested in 18 sites around the world, and results of these pilots were incorporated into the guidebook. Published as a result of a 4-year partnership of IUCN's World Commission on Protected Areas-Marine, World Wildlife Fund, and the NOAA National Ocean Service International Program Office.
Author: Joachim Claudet
Publisher:
ISBN:
Category : Nature
Languages : en
Pages : 400
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Book Description
Provides regional and global perspectives on the role of Marine Protected Areas in the restoration and conservation of biodiversity.
Author: Myron H. Nordquist
Publisher: Center for Oceans Law and Poli
ISBN: 9789004422414
Category : Law
Languages : en
Pages : 349
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Book Description
"This book is based on presentations made at the Malmö Conference by many of the most knowledgeable experts on both the on-going bbnj negotiations at the United Nations and on the well- established UNCLOS principles and rules. The Malmö Conference featured remarks by distinguished diplomats followed by six parts devoted to identifying the major issues at the bbnj negotiations"--
Author: Anna von Rebay
Publisher: Springer Nature
ISBN: 3031291751
Category : Law
Languages : en
Pages : 289
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Book Description
This book provides empirical evidence that all States have a universally binding obligation to adopt national laws and international treaties to protect the marine environment, including the designation of Marine Protected Areas. Chapter by chapter this obligation is detailed, providing the foundation for holding States responsible for fulfilling this obligation. The fundamentals are analysed in a preliminary chapter, which examines the legally binding sources of the Law of the Sea as well as its historical development to help readers understand the key principles at hand. The Law of the Sea provides more than 1000 instruments and more than 300 regulations concerning marine protection. While the scope of most treaties is limited either regarding species, regions or activities, one regulation addresses States in all waters: the obligation to protect and preserve the marine environment as stipulated under Art. 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). As this ‘Constitution of the Ocean’ not only contains conventional laws but also very broadly reflects pre-existing rules of customary international law, an extensive analysis of all statements made by States in the UN General Assembly, their practices, national laws and regulations as well as other public testimonials demonstrates that Art. 192 UNCLOS indeed binds the whole community of States as a rule of customary international law with an erga omnes effect. Due to the lack of any objections and its fundamental value for humankind, this regulation can also be considered a new peremptory norm of international law (ius cogens). While the sovereign equality of States recognises States’ freedom to decide if and how to enter into a given obligation, States can also waive this freedom. If States accepted a legally binding obligation, they are thus bound to it. Concerning the specific content of Art. 192 UNCLOS, a methodical interpretation concludes that only the adoption of legislative measures (national laws and international agreements) suffices to comply with the obligation to protect and preserve the marine environment, which is confirmed by the States’ practices and relevant jurisprudence. When applied to a specific geographical area, legislative measures to protect the marine environment concur with the definition of Marine Protected Areas. Nonetheless, as the obligation applies to all waters, the Grotian principle of the freedom of the sea dictates that the restriction of activities through the designation of Marine Protected Areas, on the one hand, must be weighed against the freedoms of other States on the other. To anticipate the result: while all other rights under the UNCLOS are subject to and contingent on other regulations of the UNCLOS and international law, only the obligation to protect and preserve the marine environment is granted absolutely – and thus outweighs all other interests.
Author: Harold Frank Upton
Publisher: DIANE Publishing
ISBN: 1437941583
Category : Fishery policy
Languages : en
Pages : 26
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Book Description
Author:
Publisher:
ISBN:
Category : Fishery policy
Languages : en
Pages : 37
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Book Description
Some Members of Congress (among many others) are interested in considering limiting human activity in some areas of the marine environment as one response to mounting evidence of deteriorating conditions and declining populations of living resources. The purposes of proposed additional limits would be to both stem the decline and permit the rehabilitation of these environments and populations. One method of implementing this concept is to designate areas where activity would be limited, often referred to as marine protected areas (MPAs). Translating the MPA approach into a national program, however, requires resolution of many economic, ecological, and social debates. The complexity of creating a program is compounded by controversy over the uses that would be allowed, curtailed, or prohibited in MPAs; the purposes of a system of MPAs; and the location, size, and distribution of MPA units. One possible way to get past some of these complexities is to think of MPA designations as a form of zoning in the ocean. Experiences in using the MPA designation in other countries may be instructive. However, questions have been raised about the effectiveness of administration and enforcement and about changes in living resources at some of these sites. Although the MPA designation has not been used widely in the United States, numerous marine sites have been designated by federal and state governments for some kind of protection. Perhaps the best-known federal sites are units in the National Marine Sanctuary Program. The Bush Administration has supported the MPA concept. It designated the Northwestern Hawaiian Islands Marine National Monument in 2006 as the world's largest MPA and has supported the activities of the National Marine Protected Areas Center in the National Oceanic and Atmospheric Administration. It has continued most of the Clinton Administration initiatives to coordinate protection of marine resources at designated sites, including implementation of Executive Order 13158, issued in May 2000, which endorsed establishing and strengthening a comprehensive system of MPAs. Additional actions by Congress would be needed to create a system that could be characterized as integrated or comprehensive. Recent reports from the Pew Oceans Commission and the U.S. Commission on Ocean Policy endorsed the MPA concept. Some issues that would likely be raised in any congressional discussions include whether new legislation is desired or needed; what the basic characteristics of units in any MPA system should be; how MPAs might be used to resolve use conflicts; and whether adequate funding would be authorized and appropriated to both enforce the protected status and monitor and evaluate the ecological and social impacts of MPAs. Earlier Congresses examined the concepts behind MPAs and experiences with protected areas as they considered appropriations and proposals to reauthorize coastal and marine resource protection laws. However, Congress has not authorized new MPA-related activities, although it addressed fishing access when it reauthorized the Magnuson-Stevens Fishery Conservation and Management Act near the end of the 109th Congress. The 110th Congress is likely to continue considering these topics. This report will be updated as events warrant.
