The incongruity between the ecosystem approach to high seas marine protected areas and the existing high seas conservation regime

Abstract

Many of the conferences and meetings which were held about high seas conservation in the 2000s called for the establishment of high seas marine protected areas (HSMPAs) based on an ecosystem approach, they also called for the conservation of deep sea features. However, jurisdictional limitations to components on the high seas can obstruct both the effective conservation of high seas ecosystems and the effective implementation of the ecosystem approach in HSMPAs. This article examines the restriction of jurisdictional nature with regard to implementing HSMPAs based on the ecosystem approach. The states that took part in the Convention on Biological Diversity (CBD) debated the restriction of the jurisdictional limitations to high seas conservation under the convention. After reviewing the calls for, and defining HSMPAs, this study examines the implications of internal discussion within the CBD system on the effectiveness of HSMPAs. This study has also examined whether such implications can also apply to other relevant conventions, including regional fisheries management agreements which have recently employed HSMPAs.