THE INTERNATIONAL LEGAL REGIME OF THE HIGH SEAS AND THE

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SEABED BEYOND THE LIMITS OF NATIONAL JURISDICTION AND

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OPTIONS FOR COOPERATION FOR THE ESTABLISHMENT OF MARINE

PROTECTED AREAS (MPAs) IN MARINE AREAS BEYOND THE LIMITS

OF NATIONAL JURISDICTION

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ID

United Nations Environment Programme

2006

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II. GLOBAL LEGAL INSTRUMENTS..

A. The 1982 United Nations Convention on the Law of the Sea (UNCLOS)..

1. The high seas.

2. The Area..

3. The continental shelf beyond 200 nautical miles.

4. Marine environmental protection.

5. High-seas living resources..

6. Further development of UNCLOS provisions on marine environmental protection and

conservation and management of high-seas living resources..

7. Regime for the Area

B. The 1992 Convention on Biological Diversity

C. The 1995 United Nations Fish Stocks Agreement and the 1993 FAO Compliance Agreement..

1. United Nations Fish Stocks Agreement.

2. The 1993 Agreement to Promote Compliance with International Conservation and Management

Measures by Fishing Vessels on the High Seas 1993 (FAO Compliance Agreement)

D. The 1946 International Convention on the Regulation of Whaling..

E. Protected-species conventions.

1. The 1979 Convention on the Conservation of Migratory Species of Wild Animals..

2. The 1973 Convention on International Trade in Endangered Species of Wild Flora and Fauna.

F. International Maritime Organization (IMO) instruments..

1. Special Areas – MARPOL 73/78..

2. Particularly Sensitive Sea Areas (PSSAs)

3. Ballast water and sediments.

4. The 1972 Convention for the Prevention of Marine Pollution by Dumping of Wastes and Other

Matter (London Convention).

G. The 2001 UNESCO Convention on the Protection of the Underwater Cultural Heritage..

III. REGIONAL LEGAL INSTRUMENTS..

A. Regional seas conventions.

1. North-East Atlantic..

2. Mediterranean Sea

3. South Pacific

4. Antarctica and the Southern Ocean..

B. Regional fisheries management conventions

C. Species conventions..

1. Agreements under the Convention on Migratory Species

2. The 1972 Convention for the Conservation of Antarctic Seals (CCAS)..

IV. THE ADEQUACY OF THE EXISTING LEGAL FRAMEWORK FOR ESTABLISHMENT OF

MARINE PROTECTED AREAS IN MARINE AREAS BEYOND THE LIMITS OF NATIONAL

JURISDICTION

A. Issues relating to goals and scale

B. The adequacy of the legal framework..

1. The adequacy of existing protections vis-à-vis different human activities: existing competence

to regulate and existing regulations and their coverage of vulnerable areas and threats..

2. The adequacy of geographic coverage

3. The adequacy of scope: a specialized and/or integrated approach to marine protected areas

4. Participation by relevant States and high-seas freedoms: coordination between relevant

international institutions..

5. The adequacy of high-seas enforcement

6. The gaps.

V. COVERAGE OF EXISTING LEGAL INSTRUMENTS IN RELATION TO IDENTIFIED PRIORITY

BIODIVERSITY AREAS..

A. Global instruments.

B. Regional instruments

C. The gaps.

VI. OPTIONS FOR COOPERATION FOR THE ESTABLISHMENT OF MARINE PROTECTED

AREAS IN MARINE AREAS BEYOND THE LIMITS OF NATIONAL JURISDICTION.

A. Options for cooperation under existing instruments: further use and improvement

1. International shipping.

2. Fisheries conservation and management

3. Regional seas agreements.

4. Area activities and scientific research.

5. Environmental impact assessment

6. Collaborative initiatives among like-minded States

7. Voluntary arrangements among private actors..

8. Emerging compliance and enforcement tools.

B. Integration and coordination among existing instruments.

1. Between international instruments and bodies..

2. At the interface between national and international areas

C. New mechanisms and instruments.

1. High Seas fisheries

2. Integrated Approaches to marine protected areas and networks and a biogeographic approach.

Annex I. MAJOR GLOBAL CONVENTIONS AND STATE PARTICIPATION

Annex II. MAJOR NON-BINDING GLOBAL LEGAL INSTRUMENTS THAT REINFORCE OR

SUPPLEMENT THE BINDING INTERNATIONAL LEGAL REGIME FOR MARINE AREAS BEYOND

THE LIMITS OF NATIONAL JURISDICTION

Annex III. REGIONAL LEGAL AGREEMENTS APPLICABLE TO MARINE AREAS BEYOND

NATIONAL JURISDICTION.

A. Regional Seas Agreements

B. Regional fisheries management organizations (RFMOs) and the conventions establishing them.

C. Convention on Migratory Species – Agreements - www.cms.int..

D. Other relevant regional agreements..