International Legal Framework for Marine Protected Areas and Networks of Marine Protected Areas

Abstract

The development of a network of marine protected areas (MPAs) in the South China Sea (SCS) needs a supportive legal and policy framework. As the first common legal framework that all SCS States share is international law, it is necessary to see what it provides on relevant issues. This chapter discusses stipulations under international law that can apply to the process to develop a regional network of MPAs in the SCS. The situation of how they have been implemented in the SCS region by SCS States is also briefly overviewed. Stipulations adopted under the framework of two main types of instruments of international law are reviewed: international treaties and international non-legally binding texts. MPA relevant stipulations can be found under treaties relating to the law of the sea, fisheries management, the preservation of biodiversity, protection of a particular type of habitat or species and prevention of marine pollution.Keywords: international legal framework; international non-legally binding texts; international treaties; marine pollution; network of marine protected areas (MPAs); South China Sea (SCS)