North East Atlantic Marine Protected Areas Beyond National Jurisdiction. Geographical and Material Scope

Abstract

An intergovernmental conference is working to prepare the text of an international legally binding instrument on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJs). One topic is area-based management tools, including marine protected areas (MPAs). Pending the outcome of the conference, and as the future treaty is not to undermine existing relevant legal instruments, frameworks or bodies, this chapter focuses on the main features of the current experience in the North East Atlantic from a jurisdictional point of view. MPAs mainly cover areas under national jurisdiction, but also ABNJs in the Antarctic and North East Atlantic, both in the context of international organisations/agreements. Given the special status of Antarctica, the North East Atlantic experience provides a better reference. Some of the MPAs designated under the Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR Convention) cover the deep seabed. OSPAR collaborates with other relevant international organisations to enhance the overall effectiveness of MPAs. And certain OSPAR coastal states are very attuned to any opportunity to demand a special position in relation to the ABNJs located next to their territory.