The Conservation of Biodiversity in the Mediterranean Sea through Marine Protected Areas: The Barcelona System Faced with the Expansion of Coastal State Jurisdiction

Abstract

Abstract This paper tackles legal and policy issues concerning Marine Protected Areas (MPAs) in the Mediterranean Sea. Since the 1970s, Mediterranean Countries have been at the forefront in international cooperation for the protection of marine ecosystems: notably, significant results have been achieved through the establishment of a network of Specially Protected Areas of Mediterranean Interest (SPAMIs). After framing the general legal context, the paper examines the specificities of the above network, while at the same time pointing out its weakness when put to the test of facts. Accordingly, some proposals are made for improving the SPAMI system, which include a better allocation of jurisdiction among coastal States in the case of transboundary MPAs. It is argued that in a delicate phase of transition, characterized by the proclamation of EEZs and the ensuing maritime delimitation disputes, the creation of SPAMI may enhance the spirit of cooperation among Mediterranean States with opposite or adjacent coasts and possibly represent an alternative to the definition of a precise maritime boundary. Most notably, the creation of transboundary SPAMIs appears worth further exploration in the context of the negotiations aimed at defining the boundaries of the Italian EEZ.