Problems and Processes of Restricting Navigation in Particularly Sensitive Sea Areas

So Yeon Kim

doi:10.1163/15718085-bja10062

Abstract

Abstract Particularly Sensitive Sea Areas (PSSAs) are a form of marine conservation measure established by the International Maritime Organization (IMO) to protect the marine environment against damage caused by navigation. The politicisation of the PSSA designation process and the shortcomings of the 2015 IMO Revised Guidelines for the Identification and Designation of PSSAs have been inimical to improving the PSSA regime. This article first examines the law and practice of PSSAs and discusses the shortcomings of the 2005 Guidelines. It then explores how politicisation outside and inside the IMO has aggravated the institutional weaknesses of the PSSA regime in three aspects: the relationships between Associated Protective Measures (APMs) and existing navigational measures; the links between the ecosystems and PSSAs; and the lack of stringent APMs.

Highlights

In the Philippines, there is a beautiful coral reef area with extensive lagoons and coral islands: the Tubbataha Reefs Natural Park.[1]
Sensitive Sea Areas (PSSAs) are a form of marine conservation measure established by the International Maritime Organization (IMO) to protect the marine environment against damage caused by navigation
The IMO’s decision-making process for Particularly Sensitive Sea Areas (PSSAs) and Associated Protective Measures (APMs) is an arena of justified politics; with the IMO pursuing the promotion of international shipping as well as the protection of the marine environment, the IMO committees seek to strike a balance between ensuring the accessibility of commercial shipping and protecting the environment from vessel-based activities and pollution

Summary

Introduction

In the Philippines, there is a beautiful coral reef area with extensive lagoons and coral islands: the Tubbataha Reefs Natural Park (the Park).[1]. Kim area.[7] The Park has been threatened by non-compliance with park regulations of foreign vessels.[8] To tackle these difficulties in raising publicity and ensuring compliance of foreign vessels with these regulations, a Sensitive Sea Area (PSSA) was suggested to protect the Tubbataha Reefs Natural Park in 2011.9 Designated by the International Maritime Organization (IMO), a PSSA is put in place to protect vulnerable marine ecosystems by tackling threats from international shipping activities. The IMO’s decision-making process for PSSAs and APMs is an arena of justified politics; with the IMO pursuing the promotion of international shipping as well as the protection of the marine environment, the IMO committees seek to strike a balance between ensuring the accessibility of commercial shipping and protecting the environment from vessel-based activities and pollution In this vein, the IMO institutionally justifies the politicisation of the IMO committees. These gaps are unbridged as the politicisation outside and inside the IMO has aggravated the institutional weakness of the PSSA regime, which stems from the 2005 Guidelines

Particularly Sensitive Sea Areas of the International Maritime Organization

Evaluations of Particularly Sensitive Sea Areas in Practice

Findings

Conclusions