Despite the dependency between humanity and the marine resources, human activities have been the major threats to the sustainability of marine biodiversity and marine environment protection such as over-fishing, over-exploitation, shipping and land base pollution which have induced the loss of ecosystems and the climate change eventually.
The establishment of designated areas in the oceans and seas to restrict human activities is one of the most viable solutions to the successful protection of the marine environment. Marine protected areas (MPAs) along with various protected zones appear as useful and efficient area-based management tools not only for the national jurisdiction areas, but also for the areas beyond national jurisdiction. Today, there are 18.448 MPAs in the world. Also, there are different types and reasons for the establishment of those protected areas. The benefits of establishing well-designed and enforced fully protected areas in seas and oceans are well-documented by intergovernmental and non-governmental organizations several times. However, there is no international legal framework which defines the legal regime of those protected areas contemporarily. The lack of any international legal framework related to sui generis protected areas, opens up a wide space for interpreting the existing rights and obligations of States under various regional agreements and arrangements.
In this article, the legal competence and jurisdiction of the States to es-tablish sui generis protected areas and to regulate and restrict human activities within them, both within national jurisdiction and on the high seas, have been examined in respect of international law. Within this perspective, few conventional regimes related to the MPAs have been reviewed in respect of their functionalities and some conclusions have been derived from current difficulties.
Sui generis Marine Protected Areas Legal Regime Interna¬tional Law of Sea
Birincil Dil | İngilizce |
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Konular | Uzay, Denizcilik ve Havacılık Hukuku |
Bölüm | Araştırma Makalesi |
Yazarlar | |
Erken Görünüm Tarihi | 14 Mayıs 2024 |
Yayımlanma Tarihi | |
Yayımlandığı Sayı | Yıl 2021 Cilt: 4 Sayı: 2 |