Evolving legal framework for the environmental protection of the high seas : a legal analysis of the possibility of establishing effective high seas marine protection areas

• Main Author: Kim, Jung-Eun
• Published: Cardiff University 2009
• Subjects: 343.09
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.584601

Recently there have been a considerable number of calls for high seas marine protected areas to be established. The aim of establishing these marine protected areas is for the protection of deep sea features as well as for the implementation of an ecosystem approach combined with the precautionary principle. This thesis aims to consider the legal issues involved in this action and looks in particular at whether it is legally possible to create the newly required high seas marine protected areas which would be effective. The first task of this thesis is to confirm the calls for the newly required high seas marine protected areas and to consequently ask how they differ from the traditional marine protected areas. This thesis then examines how the relevant international treaties and organizations have provided a legal basis for the new type of high seas marine protected areas to be collectively established by the involvement of multiple States so as to effectively safeguard the targeted deep sea ecosystems. The next question which is answered by this thesis is whether or not the new type of high seas marine protected areas can overcome the third States issue and so would be more effective than traditional area closures. This thesis concludes that the new type of high seas marine protected areas is not far enough advanced in a way which would mean that it can be held as binding on third States. However, it can be more advanced in that its incorporation of the ecosystem approach promotes knowledge of deep sea conservation among international organizations and has influenced peer institutions to swiftly react to the new requirement to conserve vulnerable deep sea features.