Abstract
Международно-правовые вопросы установления морских охраняемых районов
Highlights
Treaty and customary rules of ment, using for this purpose “the best” means
Different terms are used for designating such areas in UNCLOS and other international instruments such as Convention for the Prevention of Pollution by Ships, 1973 modified by the Protocol of 1978 (MARPOL 1973/78); Convention on Biological Diversity, 1992; the Protocols adopted by the UN Environmental Programme (UNEP); documents of International Maritime Organization (IMO)
This paper addresses optional approaches to interpreting rules of international law which are relevant to marine protected areas and practice of states in designating such areas, first and foremost, in the waters of Arctic and Antarctic, where the consequences of marine pollution might be irreversible
Summary
Treaty and customary rules of ment, using for this purpose “the best” means. States International Law of the Sea provide for the duty of shall cooperate in elaborating legal mechanisms States to protect and preserve the marine environ- for the protection and preservation of the marine environment on a universal, regional or bilateral basis. While according to MARPOL 1973/78 the legal regime of “special areas” is limited by more stringent measures for preventing pollution of the sea from vessels, the legal regime of marine protected areas is different, according to cumulative effect of relevant rules provided in UNCLOS, Conservation of Marine Biodiversity, the UNEP Protocols to regional sea conventions and other sources of international law relating to preservation and protection of the marine environment According to the latter sources, the legal status of marine protected areas is defined a broader context, and as an on-going process, with perspectives of its development and individual framing, taking into account the oceanographical and ecological conditions of a concrete marine area which is qualified as specially protected.
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