International law problems of the istablishment of marine protected areas

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RETRACTED Review. The article is devoted to the analysis of international law aspects of protection of marine biodiversity and its main component, namely, Marine Protected Areas (MPAs). The authors propose the international law definition of the MPA. They also analyze the definitions of MPAs set forth in legislation of states. The reasons and grounds for establishing such areas are considered Types of MPAs are considered in more detail. It is noted that at present the following types can be distinguished: marine protected areas, particularly sensitive sea areas; areas of protection of the world cultural heritage, protected areas or areas where special measures need to be taken to conserve biological diversity, marine protected areas per se. The article analyzes the provisions of international treaties, as well as recommendatory acts, that provide for the possibility and necessity of the establishment of MPAs. Much attention is paid to the United Nations' contribution to the development of the institute of MPAs. The large role of the UN Secretary-General in the process of determining the role of MPAs in the conservation of marine living resources and biodiversity is noted. Resolutions of the UN General Assembly are presented and considered. It was noted that particular attention should be paid to the UN Resolution adopted in 2015 «Development of an international legally-binding instrument under the United Nations Convention on the Law of the Sea on the conservation andsustainable use of marine biological diversity of areas beyond national jurisdiction». During the development of a legally binding instrument MPAs establishment problems will be examined. In addition to the United Nations, the activities of other international intergovernmental organizations on various issues concerning MPAs, namely FAO, UNESCO, NEAFC, have been analyzed. The authors give examples of establishing MPAs in the waters under the jurisdiction of a number of countries: Canada, USA, Japan, Mexico and Cuba. National legal acts, in accordance with which such areas have been established, have been determined and analyzed. Special attention is paid to the activities of the CCAMLR aimed at establishing MPAs in the area of regulation of the Convention on the Conservation of Antarctic Marine Living Resources 1980. It is noted that the organization is actively taking various measures to establish such areas. The CCAMLR decisions have been subjected to thorough analysis. As the result of the consideration of problems mentioned above, the authors suggest that an international code on the legal status of MPAs should be developed and adopted.