The legal aspect of marine protected areas and their effect on navigational rights

Abstract

This study aims to identify the legal basis for the establishment of marine protected areas (MPAs). MPAs are effective tools for the protection and conservation of the marine environment and the living resources found therein. Realizing that the degradation of the marine environment is a global problem, States concluded various global Conventions that address this problem directly. States also felt the need to conclude regional Conventions, since these address problems that are particular to a specific region. A more limited scope tends to make regional Conventions more effective than global Conventions. In fact, there are various regional agreements that deal specifically with MPAs rather than with the protection of the marine environment in general. This study also assesses the manner in which navigational rights are affected by the establishment of MPAs in the various maritime zones of the coastal States. The 1982 United Nations Convention on the Law of the Sea regulates the navigational rights of foreign vessels in the maritime zones of coastal States. While it grants all States the right to navigate, it imposes upon them the duty to conserve the marine environment, including the high seas. Since the high seas are beyond national jurisdiction, and are subject to a number of freedoms, including that of navigation, they are greatly susceptible to harm and over-exploitation. Consequently, many States have agreed that the establishment of MP As is also necessary on the high seas, in instances where other conservation measures fail. However, their effectiveness depends a lot on State cooperation because, on the high seas, no State may unilaterally oblige another to obey measures. This is due to the fact that the high seas are not subject to the jurisdiction or sovereignty of any State. Neither can MP As on their own be effective within national jurisdiction. They have no physical boundaries and harmful effects in surrounding marine areas will not respect the imaginary boundaries of MPAs.