Marine protected areas in international law : an Arctic perspective

著者

• Jakobsen, Ingvild Ulrikke

書誌事項

Marine protected areas in international law : an Arctic perspective

by Ingvild Ulrikke Jakobsen

（Queen Mary studies in international law, v. 25）

Brill Nijhoff, c2016

• : hardback

注記

Includes bibliographical references (p. [407]-426) and index

内容説明・目次

内容説明

Marine Protected Areas in International law - an Arctic perspective, introduces and analyzes the legal rights and obligations of states under international law, using Marine Protected Areas (MPAs) as a tool to protect marine biodiversity. The fragile Arctic marine environment is under growing pressure from climate change and the prospect of increasing human activity affecting previously untouched areas. The conservation of Arctic marine biodiversity is a pressing and global concern, not least because the melting of sea ice will have widespread effects. By analyzing regional cooperation through the OSPAR Convention and under the Arctic Council, Jakobsen examines the implementation of the global legal framework for biodiversity protection and conservation in the Arctic. The book has a particular focus on the possibilities of the states to regulate shipping within the MPAs, as the increasing shipping activities represent a major threat to the sensitive marine Arctic.

目次

Acknowledgements List of Acronyms Part 1 Marine Protected Areas as a Tool for Conservation and Sustainable Use of Marine Biological Diversity 1 Introduction 1.1 The Subject 1.2 The Concept of MPAS 1.3 International Legal Framework for MPAS 1.4 Global Political Developments with Regard to MPAS 1.5 Scope of the Book 2 Legal Competence to Establish MPASwithin National Jurisdiction and on the High Seas 2.1 Introduction 2.2 The Competence to Establish MPASwithin National Jurisdiction 2.3 MPASin the Territorial Sea 2.4 MPAS in the EEZ 2.5 MPAS on the Continental Shelf 2.6 MPAS on the High Seas 2.7 The Enforcement Jurisdiction of Regulations and Prohibitions within MPAS Part 2 Development from a Functional to a Holistic Approach 3 From a Functional to a Holistic Approach 4 Pre-LOS Convention: Principles in Customary Law 5 The Traditional Approach of the LOS Convention to Protect and Preserve the Marine Environment and to Conserve Living Resources 5.1 Introduction 5.2 The Obligations to Protect and Preserve the Marine Environment 5.3 Obligations on Conservation and Management of Marine Living Resources 6 Developments since 1982: The Obligations to Protect and Conserve Marine Biodiversity 6.1 General 6.2 United Nations Conference on Environment and Development 7 Global Obligations on Conservation of Marine Biological Diversity 7.1 General 7.2 The CBD Convention 8 Regional Obligations and Implementation of Obligations on Conservation of Marine Biodiversity 8.1 General 8.2 The OSPAR Convention: Obligations and Principles 8.3 The Arctic Council 9 Conclusions Part 3 Legal Obligations to Establish MPAS 10 Legal Obligations to Establish MPAS - Introductory Remarks 11 The LOS Convention and Establishment and Management of MPAS 11.1 General 11.2 Does the Obligation to Protect and Preserve the Marine Environment Include a Legal Duty to Adopt MPAS? 11.3 The Obligation to Protect the Marine Environment in Areas beyond National Jurisdiction 12 Is There a Legal Duty to Establish mpas under the CBD? 12.1 Introduction - The Implications of "as far as possible and as appropriate" for the Legal Duty to Establish MPAS 12.2 Criticisms in Legal Theory of the Vague Obligations and the Use of a Qualifier 12.3 Which Evaluations Do the Terms "as far as possible and as appropriate" Require? 12.4 Conclusions 13 When is there a Legal Obligation under the cbd to Establish MPAS? 13.1 Introduction 13.2 The Duty to Adopt Protected Areas or Areas Where Special Measures Need to be Taken 13.3 The Duty to Establish a System of MPAS 13.4 Which Considerations Must be Made under the Term "as far as possible"? 13.5 Which Considerations Must be Made under "as appropriate"? 13.6 Interactions between "as far as possible" and "as appropriate" 13.7 Conclusions 14 The Management of MPAS under the CBD Convention 14.1 Introduction 14.2 Development of Criteria for Selection and Management of MPAS 14.3 The Significance of the Term "as far as possible and as appropriate" for the Management of MPAS 14.4 The Significance of the Legal Obligation on in situ Conservation for the Management of MPAS 14.5 Procedural Requirements to the Establishment of MPAS 14.6 Substantive Requirements to the Content of MPAS 15 The OSPAR Convention and MPAS 15.1 Introduction 15.2 The Development of a Framework of MPAS within OSPAR 15.3 The Legal Status and Significance of the Recommendation on a Network of MPAS 15.4 A Legal Duty to Establish mpas in the North-East Atlantic? 15.5 Selection and Management of MPAS under the OSPAR Convention 15.6 MPAS in Areas beyond National Jurisdiction under the OSPAR onvention 15.7 Conclusions 16 MPAS under the Arctic Council 16.1 Introduction 16.2 Work on MPAS under the Arctic Council - Background 16.3 Toward a Pan-Arctic network of MPAS? 16.4 Conclusions Part 4 The Duties and Rights to Establish and Manage MPAS versus the Rights of Other States 17 The Relationship between the CBD and the LOS Convention - Conflicting Norms and Mechanisms for Solving Them 17.1 Introduction - Overview of the Legal Questions 17.2 Legal Conflicts between the LOS Convention and the CBD? 17.3 Conflict Solving Procedures 17.4 Solving Conflicts through Treaty Law 17.5 Conclusions 18 Regulation of Navigation in MPAS 18.1 Introduction - Legal Questions and Aims of the Discussions 18.2 The Relevance of the Discussion in Light of the Legal Development 18.3 The International Legal Regime of Shipping in the Arctic 18.4 Coastal State Prescriptive Jurisdiction of Shipping for the Purpose of Protecting the Marine Environment 18.5 Coastal State Prescriptive Jurisdiction in the Territorial Sea 18.6 Potential Measures Adopted Within mpas in the Territorial Sea to Protect the Areas against the Impacts of Shipping 18.7 Coastal State Prescriptive Jurisdiction in the EEZ 18.8 Potential Measures to Protect the mpas in the EEZ against Impacts of Shipping 18.9 May the Coastal States Adopt Regulations to Protect the MPAS from Impacts of Shipping Based on the Sovereign Rights Over Living Resources? 18.10 Conclusions Part 5 International Mechanisms for Providing Appropriate Protection of MPAS against the Impacts of Shipping 19 Specially Designated Areas to Protect the Marine Environment against Impact of International Shipping Activities 19.1 Challenges to the Establishment and Management of Integrated MPAS 19.2 Introduction to Specially Designated Areas for Protecting Certain Areas against the Environmental Impacts of Shipping 19.3 The LOSConvention 19.4 Article 234 - Ice-Covered Areas 19.5 MARPOL Special Areas 19.6 PSSA 19.7 Conclusions 20 Final Remarks Bibliography Table of Cases Table of Treaties Index

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詳細情報

• NII書誌ID(NCID): BB21965822
• ISBN:
  • 9789004254725
• LCCN: 2016022058
• 出版国コード: ne
• タイトル言語コード: eng
• 本文言語コード: eng
• 出版地: Leiden
• ページ数/冊数: xvi, 435 p.
• 大きさ: 25 cm
• 分類:
  • LCC : K3485
  • DC23 : 346.04/695616091632
• 件名:
  • LCSH : Marine resources conservation -- Law and legislation -- Arctic Regions
  • LCSH : Marine parks and reserves -- Law and legislation -- Arctic Regions
  • LCSH : Marine biodiversity conservation -- Law and legislation -- Arctic Regions
  • LCSH : Environmental law, International
  • LCSH : Convention on Biological Diversity (1992 June 5)
  • LCSH : United Nations Convention on the Law of the Sea (1982 December 10)
  • LCSH : Convention for the Protection of the Marine Environment of the North-East Atlantic (22 September 1992)
• 親書誌ID:
  • BB02531494