High Seas Marine Protected Areas: Impact on Shipping and the IMO

Abstract

In recent years it has become increasingly recognized that the high seas conceal some of the world’s richest ecosystems. High seas biodiversity appears to be highly varied, and particularly prolific in certain hotspots. These have come under increasing threats as the result of the cumulative impact of maritime activities, including shipping. As a result of these findings, calls have increased for protecting sensitive areas by declaring marine protected areas (MPAs) with restrictions on human activities, including shipping. These calls gained support by the adoption of the Sustainable Development Goals (SDGs) which in Goal 14 particularly sets out to conserve coastal and marine areas. Similar objectives also follow from the Convention on Biological Diversity. Under the law of the sea, a new treaty for biodiversity beyond national jurisdiction (BBNJ) is entering its final negotiation, aiming inter alia to provide a legal basis for high seas MPAs, foremost by ensuring the cooperation, coordination and involvement of relevant existing rules and organisations. The BBNJ treaty is thereby expected to develop the pre-existing rules under the 1982 United Nations Law of the Sea Convention (UNCLOS) which have been considered insufficient for declaring effective and globally accepted high seas MPAs. Focusing on the impact on shipping, this chapter examines the draft text on high seas MPAs of the new BBNJ treaty and discusses why its objectives requires the cooperation of the International Maritime Organization (IMO). Among the regulatory concepts of the IMO, it appears that the application of Particularly Sensitive Sea Areas (PSSA) is central to achieve the objectives of the BBNJ treaty. Based on an investigation of regional attempts to establish high seas MPAs and previous PSSA proposals, the outlook for applying such measures to MPAs decided under the new BBNJ treaty is discussed. In order to facilitate cooperation and promote more informed decisions on MPAs it is suggested that further evaluation of the impact on shipping should be carried out, including the potential trade-offs between biodiversity protection and climate impact.