Chapter 8. Marine Habitat Protection through the Establishment and Management of Marine Protected Areas (MPAs)

Abstract

This chapter focuses in particular on areas designed to protect marine biodiversity and the habitats of endangered species. The international regime on Marine Protected Areas (MPAs) is based, in the first place, on the LOSC, which sets out global obligations and the jurisdictional framework for all uses and activities at sea. The chapter looks closely at the regime for special areas under Articles 211(6) and 234 of the LOSC and the International Maritime Organization (IMO) regulatory regime for shipping, namely: Special Areas under MARPOL and Particularly Sensitive Sea Areas (PSSAs). It provides an overview of the legal regime for the designation and management of MPAs within and outside national jurisdiction under the LOSC, global and regional agreements, as well as the main political processes, and showing the main gaps and weakness.Keywords: International Maritime Organization (IMO); LOSC; marine biodiversity; Marine Protected Areas (MPAs); MARPOL; national jurisdiction; Particularly Sensitive Sea Areas (PSSAs)