The International Legal
Framework relating to AreaBased Measures for Merchant
Shipping at the Global Level
Erik J. Molenaar
Professor, K.G. Jebsen Centre for the Law of the Sea (JCLOS),
UiT
Presentation at the A-LEX Interdisciplinary
Seminar, Trondheim, 11 December 2014
Overview of presentation
• Definitions of area-based measure (ABM) & marine
protected area (MPA)
• Types of ABMs
• Objectives of ABMs & MPAs
• Competence on ABMs
• Unilateral ABMs for Merchant Shipping
• International ABMs for Merchant Shipping
2
Definition of ABM & MPA
• No universally accepted definitions
• Art. 2 CBD ’protected area’
• Old International Union for the Conservation of Nature
(IUCN) definition for MPA
• New IUCN definition for protected area (PA)
• Term preferred by UNGA BBNJ Working Group: ‘area-based
management tool’
• My definition for ABM: “higher protection than the
surrounding area due to more stringent regulation of one
or more or all human activities, for one or more purposes”
– Does not necessarily imply a complete prohibition of one or more or all
human activities per se
– Can be indefinite or temporary
• Description/identification ≠ designation/identification ≠
management/regulation
3
Article 2 of the CBD
Use of Terms
“Protected area” means a geographically defined area which is designated or
regulated and managed to achieve specific conservation objectives.
Old IUCN Definition for MPA
Any area of intertidal or subtidal terrain, together with its overlying water and
associated flora, fauna, historical and cultural features, which has been reserved by
law or other effective means to protect part or all of the enclosed environment
New IUCN Definition for protected area
A protected area is a clearly defined geographical space, recognised, dedicated and
managed, through legal or other effective means, to achieve the long-term
conservation of nature with associated ecosystem services and cultural values.
IUCN categories of protected areas
Cat. Ia
Strict nature reserve:
protected area managed mainly for science
Cat. Ib
Wilderness area:
protected area managed mainly for wilderness protection
Cat. II
National park:
protected area managed mainly for ecosystem protection and recreation
Cat. III
Natural monument or feature:
protected area managed mainly for conservation of specific natural
features
Cate. IV
Habitat/species management area:
protected area managed mainly for conservation through management
intervention
Cat. V
Protected landscape/seascape:
protected area managed mainly for landscape/seascape conservation
and recreation
Cat. VI
Protected area with sustainable use of natural resources:
protected area managed mainly for the sustainable use of natural
ecosystems
Types of ABMs
• Single-sectoral (sector specific)
– One single human activity, e.g.
•
•
•
•
•
•
Coastal zone construction activities
Navigation
Dumping
Fishing & hunting
Exploration and exploitation of non-living resources
Laying of cables and pipelines
• Multi-sectoral
– Several human activities
• Cross-sectoral (non-sector specific or holistic)
– All human activities
6
Objectives of ABMs/MPAs
1. Protection and preservation of the marine
environment & conservation of marine biodiversity,
e.g. habitats or ecosystems
2. Sustainable use of components of marine biodiversity
(e.g. spawning & nursing area of target species or
feeding area of non-target species)
3. Creating scientific reference areas (base-line research)
4. Safeguarding aesthetic or naturalness/wilderness
values
5. As ‘buffer area’ or ‘insurance’ (precautionary approach)
6. Avoiding or resolving conflicting human activities
7. Preservation of cultural, historical or archeological
values
7
Competence on ABMs
• Whether a state has the competence to impose a
unilateral ABM - including regulation! - or not,
depends on
– Location (which maritime zone)
– Which human activities are to be regulated (do they affect
rights of other states?)
– Which regulatory tools and measures will be applied (e.g.
discharge standards or CDEM standards)
– Whether or not international bodies explicitly claim a role
8
Unilateral ABMs for Merchant
Shipping
1. Area-based restrictions on ballast-water exchange or
anchoring within own maritime zones
2. Zero-discharge standards in internal waters,
archipelagic waters, territorial sea & ice-covered
waters
3. No-go areas within parts of maritime zones under
sovereignty for various reasons, e.g. maritime safety,
(national) security, biodiversity & wilderness values or
underwater cultural heritage
4. Ship reporting systems or ships’ routeing measures
in maritime zones under sovereignty
9
International ABMs for Merchant
Shipping
• More stringent discharge or emission standards in special
areas or Special Emission Control Areas (SECA; MARPOL
73/78)
• Ships’ routeing measures (SOLAS, Reg. V/10; e.g. no
anchoring area; Area To Be Avoided, or precautionary area)
seaward of outer limit territorial sea & in straits +
archipelagic sealanes
• Ship reporting systems (SOLAS, Reg. V/11), seaward outer
limit territorial sea & in straits + archipelagic sealanes
• Particularly Sensitive Sea Areas (PSSAs) containing Associated
Protective Measures (APMs), e.g. any of the above
• Also in cases where unilateral ABMs would be allowed
10
Thanks for your
attention!
Questions?