The Designation of Marine Protected Areas PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Designation of Marine Protected Areas PDF full book. Access full book title The Designation of Marine Protected Areas by Anna von Rebay. Download full books in PDF and EPUB format.
Author: Anna von Rebay Publisher: Springer Nature ISBN: 3031291751 Category : Law Languages : en Pages : 289
Book Description
This book provides empirical evidence that all States have a universally binding obligation to adopt national laws and international treaties to protect the marine environment, including the designation of Marine Protected Areas. Chapter by chapter this obligation is detailed, providing the foundation for holding States responsible for fulfilling this obligation. The fundamentals are analysed in a preliminary chapter, which examines the legally binding sources of the Law of the Sea as well as its historical development to help readers understand the key principles at hand. The Law of the Sea provides more than 1000 instruments and more than 300 regulations concerning marine protection. While the scope of most treaties is limited either regarding species, regions or activities, one regulation addresses States in all waters: the obligation to protect and preserve the marine environment as stipulated under Art. 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). As this ‘Constitution of the Ocean’ not only contains conventional laws but also very broadly reflects pre-existing rules of customary international law, an extensive analysis of all statements made by States in the UN General Assembly, their practices, national laws and regulations as well as other public testimonials demonstrates that Art. 192 UNCLOS indeed binds the whole community of States as a rule of customary international law with an erga omnes effect. Due to the lack of any objections and its fundamental value for humankind, this regulation can also be considered a new peremptory norm of international law (ius cogens). While the sovereign equality of States recognises States’ freedom to decide if and how to enter into a given obligation, States can also waive this freedom. If States accepted a legally binding obligation, they are thus bound to it. Concerning the specific content of Art. 192 UNCLOS, a methodical interpretation concludes that only the adoption of legislative measures (national laws and international agreements) suffices to comply with the obligation to protect and preserve the marine environment, which is confirmed by the States’ practices and relevant jurisprudence. When applied to a specific geographical area, legislative measures to protect the marine environment concur with the definition of Marine Protected Areas. Nonetheless, as the obligation applies to all waters, the Grotian principle of the freedom of the sea dictates that the restriction of activities through the designation of Marine Protected Areas, on the one hand, must be weighed against the freedoms of other States on the other. To anticipate the result: while all other rights under the UNCLOS are subject to and contingent on other regulations of the UNCLOS and international law, only the obligation to protect and preserve the marine environment is granted absolutely – and thus outweighs all other interests.
Author: John Humphreys Publisher: Elsevier ISBN: 0081026986 Category : Science Languages : en Pages : 828
Book Description
Marine Protected Areas: Science, Policy and Management addresses a full spectrum of issues relating to Marine Protected Areas (MPAs) not currently available in any other single volume. Chapters are contributed by a wide range of working specialists who examine conceptions and definitions of MPAs, progress on the implementation of worldwide MPAs, policy and legal variations across MPAs, the general importance of coastal communities in implementation, and the future of MPAs. The book constructively elucidates conflicts, issues, approaches and solutions in a way that creates a balanced consideration of the nature of effective policy and management. Those in theory, designation, implementation or management of MPAs, from individuals, marine sector organizations, and university and research center libraries will find it an important work.
Author: National Research Council Publisher: National Academies Press ISBN: 0309072867 Category : Science Languages : en Pages : 289
Book Description
Although the ocean-and the resources within-seem limitless, there is clear evidence that human impacts such as overfishing, habitat destruction, and pollution disrupt marine ecosystems and threaten the long-term productivity of the seas. Declining yields in many fisheries and decay of treasured marine habitats, such as coral reefs, has heightened interest in establishing a comprehensive system of marine protected areas (MPAs)-areas designated for special protection to enhance the management of marine resources. Therefore, there is an urgent need to evaluate how MPAs can be employed in the United States and internationally as tools to support specific conservation needs of marine and coastal waters. Marine Protected Areas compares conventional management of marine resources with proposals to augment these management strategies with a system of protected areas. The volume argues that implementation of MPAs should be incremental and adaptive, through the design of areas not only to conserve resources, but also to help us learn how to manage marine species more effectively.
Author: Ingvild Ulrikke Jakobsen Publisher: BRILL ISBN: 9004324089 Category : Law Languages : en Pages : 451
Book Description
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.
Author: Peter Jones Publisher: Routledge ISBN: 113645523X Category : Nature Languages : en Pages : 257
Book Description
In this innovative volume, the author addresses some important challenges related to the effective and equitable governance of marine protected areas (MPAs). These challenges are explored through a study of 20 MPA case studies from around the world. A novel governance analysis framework is employed to address some key questions: How can top-down and bottom-up approaches to MPA governance be combined? What does this mean, in reality, in different contexts? How can we develop and implement governance approaches that are both effective in achieving conservation objectives and equitable in fairly sharing associated costs and benefits? The author explores the many issues that these questions raise, as well as exploring options for addressing them. A key theme is that MPA governance needs to combine people, state and market approaches, rather than being based on one approach and its related ideals. Building on a critique of the governance analysis framework developed for common-pool resources, the author puts forward a more holistic and less prescriptive framework for deconstructing and analyzing the governance of MPAs. This inter-disciplinary analysis is aimed at supporting the development of MPA governance approaches that build social-ecological resilience through both institutional and biological diversity. It will also make a significant contribution to wider debates on natural resource governance, as it poses some critical questions for contemporary approaches to related research and offers an alternative theoretical and empirical approach.
Author: Anna von Rebay Publisher: Springer Nature ISBN: 3031291751 Category : Law Languages : en Pages : 289
Book Description
This book provides empirical evidence that all States have a universally binding obligation to adopt national laws and international treaties to protect the marine environment, including the designation of Marine Protected Areas. Chapter by chapter this obligation is detailed, providing the foundation for holding States responsible for fulfilling this obligation. The fundamentals are analysed in a preliminary chapter, which examines the legally binding sources of the Law of the Sea as well as its historical development to help readers understand the key principles at hand. The Law of the Sea provides more than 1000 instruments and more than 300 regulations concerning marine protection. While the scope of most treaties is limited either regarding species, regions or activities, one regulation addresses States in all waters: the obligation to protect and preserve the marine environment as stipulated under Art. 192 of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). As this ‘Constitution of the Ocean’ not only contains conventional laws but also very broadly reflects pre-existing rules of customary international law, an extensive analysis of all statements made by States in the UN General Assembly, their practices, national laws and regulations as well as other public testimonials demonstrates that Art. 192 UNCLOS indeed binds the whole community of States as a rule of customary international law with an erga omnes effect. Due to the lack of any objections and its fundamental value for humankind, this regulation can also be considered a new peremptory norm of international law (ius cogens). While the sovereign equality of States recognises States’ freedom to decide if and how to enter into a given obligation, States can also waive this freedom. If States accepted a legally binding obligation, they are thus bound to it. Concerning the specific content of Art. 192 UNCLOS, a methodical interpretation concludes that only the adoption of legislative measures (national laws and international agreements) suffices to comply with the obligation to protect and preserve the marine environment, which is confirmed by the States’ practices and relevant jurisprudence. When applied to a specific geographical area, legislative measures to protect the marine environment concur with the definition of Marine Protected Areas. Nonetheless, as the obligation applies to all waters, the Grotian principle of the freedom of the sea dictates that the restriction of activities through the designation of Marine Protected Areas, on the one hand, must be weighed against the freedoms of other States on the other. To anticipate the result: while all other rights under the UNCLOS are subject to and contingent on other regulations of the UNCLOS and international law, only the obligation to protect and preserve the marine environment is granted absolutely – and thus outweighs all other interests.
Author: Publisher: ISBN: Category : Fishery policy Languages : en Pages : 37
Book Description
Some Members of Congress (among many others) are interested in considering limiting human activity in some areas of the marine environment as one response to mounting evidence of deteriorating conditions and declining populations of living resources. The purposes of proposed additional limits would be to both stem the decline and permit the rehabilitation of these environments and populations. One method of implementing this concept is to designate areas where activity would be limited, often referred to as marine protected areas (MPAs). Translating the MPA approach into a national program, however, requires resolution of many economic, ecological, and social debates. The complexity of creating a program is compounded by controversy over the uses that would be allowed, curtailed, or prohibited in MPAs; the purposes of a system of MPAs; and the location, size, and distribution of MPA units. One possible way to get past some of these complexities is to think of MPA designations as a form of zoning in the ocean. Experiences in using the MPA designation in other countries may be instructive. However, questions have been raised about the effectiveness of administration and enforcement and about changes in living resources at some of these sites. Although the MPA designation has not been used widely in the United States, numerous marine sites have been designated by federal and state governments for some kind of protection. Perhaps the best-known federal sites are units in the National Marine Sanctuary Program. The Bush Administration has supported the MPA concept. It designated the Northwestern Hawaiian Islands Marine National Monument in 2006 as the world's largest MPA and has supported the activities of the National Marine Protected Areas Center in the National Oceanic and Atmospheric Administration. It has continued most of the Clinton Administration initiatives to coordinate protection of marine resources at designated sites, including implementation of Executive Order 13158, issued in May 2000, which endorsed establishing and strengthening a comprehensive system of MPAs. Additional actions by Congress would be needed to create a system that could be characterized as integrated or comprehensive. Recent reports from the Pew Oceans Commission and the U.S. Commission on Ocean Policy endorsed the MPA concept. Some issues that would likely be raised in any congressional discussions include whether new legislation is desired or needed; what the basic characteristics of units in any MPA system should be; how MPAs might be used to resolve use conflicts; and whether adequate funding would be authorized and appropriated to both enforce the protected status and monitor and evaluate the ecological and social impacts of MPAs. Earlier Congresses examined the concepts behind MPAs and experiences with protected areas as they considered appropriations and proposals to reauthorize coastal and marine resource protection laws. However, Congress has not authorized new MPA-related activities, although it addressed fishing access when it reauthorized the Magnuson-Stevens Fishery Conservation and Management Act near the end of the 109th Congress. The 110th Congress is likely to continue considering these topics. This report will be updated as events warrant.
Author: S. Gubbay Publisher: Springer Science & Business Media ISBN: 9401105278 Category : Nature Languages : en Pages : 250
Book Description
Marine protected areas (MPAs) have an important role in marine conserva tion programmes around the world. Although most have been established relatively recently when compared with protected areas on land, there is considerable expertise on their identification, setting up and management. Some techniques have been adapted from those used on land. Others are novel, and unique to marine conservation. The chapters in this book give an insight into this fast developing field where experiment and innovation work alongside techniques which have been tried and tested. The guiding princi ples behind key stages in the setting up and management of MP As are described, and case studies illustrate how they have worked. While it is most encouraging to read about the successes, the case studies also point to difficulties which have been encountered. Not all of the examples are new or recent but, together, they illustrate what is happening in this field.
Author: Alex Caveen Publisher: Springer ISBN: 331910957X Category : Technology & Engineering Languages : en Pages : 174
Book Description
This book is a critical analysis of the concept of marine protected areas (MPAs) particularly as a tool for marine resource management. It explains the reasons for the extraordinary rise of MPAs to the top of the political agenda for marine policy, and evaluates the scientific credentials for the unprecedented popularity of this management option. The book reveals the role played by two policy networks – epistemic community and advocacy coalition – in promoting the notion of MPA, showing how advocacy for marine reserves by some scientists based on limited evidence of fisheries benefits has led to a blurring of the boundary between science and politics. Second, the study investigates whether the scientific consensus on MPAs has resulted in a publication bias, whereby pro-MPA articles are given preferential treatment by peer-reviewed academic journals, though it found only limited evidence of such a bias. Third, the project conducts a systematic review of the literature to determine the ecological effects of MPAs, and reaches the conclusion that there is little proof of a positive impact on finfish populations in temperate waters. Fourth, the study uses discourse analysis to trace the effects of a public campaigning policy network on marine conservation zones (MCZs) in England, which demonstrated that there was considerable confusion over the objectives that MCZs were being designated to achieve. The book’s conclusion is that the MPA issue shows the power of ideas in marine governance, but offers a caution that scientists who cross the line between science and politics risk exaggerating the benefits of MPAs by glossing over uncertainties in the data, which may antagonise the fishing industry, delay resolution of the MPA issue, and weaken public faith in marine science if and when the benefits of MCZs are subsequently seen to be limited.
Author: Kristina M. Gjerde Publisher: IUCN ISBN: 2831707323 Category : Biodiversity conservation Languages : en Pages : 211
Book Description
The aim [of this workshop] was to develop an action plan to promote a system of ... areas to ensure long-term protection of ecosystem processes, biological diversity and productivity beyond national jurisdiction.
Author: Anna von Rebay
Author: John Humphreys
Author: National Research Council
Author: Ingvild Ulrikke Jakobsen
Author: Peter Jones
Author: Anna von Rebay
Author: Harold Frank Upton
Author: 
Author: S. Gubbay
Author: Alex Caveen
Author: Kristina M. Gjerde