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Secretariat CBD Technical Series No. of the Convention on Also available Biological Diversity Issue 1: Assessment and Management of Alien Species that Threaten Ecosystems, Habitats and Species Issue 2: Review of The Efficiency and Efficacy of Existing Legal Instruments Applicable to Invasive Alien Species THE INTERNATIONAL LEGAL REGIME OF Issue 3: Assessment, Conservation and Sustainable Use of Forest Biodiversity THE HIGH SEAS AND THE SEABED BEYOND Issue 4: The Value of Forest Ecosystems THE LIMITS OF NATIONAL JURISDICTION Issue 5: Impacts of Human-Caused Fires on Biodiversity and Ecosystem AND OPTIONS FOR COOPERATION FOR THE Functioning, and Their Causes in Tropical, Temperate and Boreal Forest ESTABLISHMENT OF MARINE PROTECTED Biomes AREAS (MPAS) IN MARINE AREAS BEYOND THE Issue 6: Sustainable Management of Non-Timber Forest Resources LIMITS OF NATIONAL JURISDICTION Issue 7: Review of the Status and Trends of, and Major Threats to, Forest Biological Diversity Issue 8: Status and trends of, and threats to, mountain biodiversity, marine, coastal and inland water ecosystems 19 Issue 9: Facilitating Conservation and Sustainable Use of Biodiversity Issue 10: Interlinkages between Biological Diversity and Climate Change Issue 11: Status and Trends of Biodiversity of Inland Water Ecosystems Issue 12: Solutions for Sustainable Mariculture Issue 13: Technical Advice on the Establishment and Management of a National System of Marine and Coastal Protected Areas Issue 14: Integrated Marine And Coastal Area Management (Imcam) Approaches For Implementing The Convention On Biological Diversity Issue 15: Biodiversity Issues For Consideration In The Planning, Establishment And Management Of Protected Area Sites And Networks Issue 16: The Impact of Trade Liberalization on Agricultural Biodiversity Issue 17: Working Together for Biodiversity: Regional and International Initiatives Contributing to Achieving and Measuring Progress Towards the 2010 Target Issue 18: Towards Effective Protected Areas Systems CCBD19-Cover_1107.inddBD19-Cover_1107.indd 1 111/9/051/9/05 111:35:441:35:44 AAMM CBD Technical Series No. 19 THE INTERNATIONAL LEGAL REGIME OF THE HIGH SEAS AND THE SEABED BEYOND THE LIMITS OF NATIONAL JURISDICTION AND OPTIONS FOR COOPERATION FOR THE ESTABLISHMENT OF MARINE PROTECTED AREAS (MPAS) IN MARINE AREAS BEYOND THE LIMITS OF NATIONAL JURISDICTION Prepared in collaboration with the IUCN’s Global Marine Programme and the Task Force on High Seas Marine Protected Areas of IUCN’s World Commission on Protected Areas (WCPA) by Lee A. Kimball, with special thanks to other members of the WCPA Task Force’s international law sub-group: Charlotte Breide, John Croxall, Kristina Gjerde, Susie Grant, Andrew Hurd, Sian Pullen, Tullio Scovazzi, and Dorothy Zbicz. November 2005 The International Legal Regime of the High Seas and the Seabed Beyond the Limits of National Jurisdiction Published by the Secretariat of the Convention Citation on Biological Diversity. ISBN: 92-9225-033-7 Kimball, Lee A. (2005). The International Legal Copyright © 2005, Secretariat of the Convention Regime of the High Seas and the Seabed Beyond on Biological Diversity the Limits of National Jurisdiction and Options for Cooperation for the establishment of Marine The designations employed and the presentation Protected Areas (MPAs) in Marine Areas Beyond of material in this publication do not imply the the Limits of National Jurisdiction. Secretariat of expression of any opinion whatsoever on the the Convention on Biological Diversity, Montreal, part of the Secretariat of the Convention on Technical Series no. 19, 64 pages. Biological Diversity concerning the legal status of any country, territory, city or area or of its For further information, please contact authorities, or concerning the delimitation of its Secretariat of the Convention on Biological frontiers or boundaries. Diversity World Trade Centre The views reported in this publication do not 413 St. Jacques Street, Suite 800 necessarily represent those of the Convention on Montreal, Quebec, Canada H2Y 1N9 Biological Diversity nor those of the reviewers. Phone: 1(514) 288 2220 Fax: 1 (514) 288 6588 This publication may be reproduced for educa- E-mail: [email protected] tional or non-profit purposes without special Website: http://www.biodiv.org permission from the copyright holders, provided acknowledgement of the source is made. The The Secretariat gratefully acknowledges the Secretariat of the Convention would appreciate financial assistance of IUCN, Global Marine receiving a copy of any publications that uses this Programme for the publication of this volume. document as a source. Typesetting: Zack Taylor Design Cover image credits, from top to bottom: “The top of one of the central domes in Maug caldera,” courtesy of NOAA at oceanexplorer.noaa.gov; United Nations building ©2005 iStockphoto.com; “Blackfi n codling,” courtesy of NOAA at ocean explorer.noaa.gov; “White smokers at Champagne Vent site,” courtesy of NOAA at oceanexplorer. noaa.gov ii The International Legal Regime of the High Seas and the Seabed Beyond the Limits of National Jurisdiction FOREWORD The seventh meeting of the CBD Conference of the limits of national jurisdiction. This area, the the Parties expressed its concern over the current global ocean commons, covers 50% of the earth’s low level of development of marine and coastal surface, and is under increasing and acute human protected areas (MCPAs). Because oceans and threat. Many ecosystems beyond national jurisdic- seas cover 71% of the earth, the under-repre- tion, such as those associated with cold water coral sentation of marine and coastal ecosystems in reefs and seamounts, have extremely high and the current global protected areas system is a unique biodiversity. However, these ecosystems particularly alarming. All of us were sobered are also vulnerable and fragile, and because of by the recent statistics indicating that only less this, they are threatened by destructive activities than 0.5% of the world’s marine environment is such as deep sea bottom trawling. The protection protected. At the same time, global and regional of ecosystems in marine areas beyond the limits assessments tell us that marine biodiversity glo- of national jurisdiction can only be achieved bally continues to decline rapidly. For example, through international and regional cooperation. coral reefs are highly degraded worldwide, ap- It can be achieved through the use of tools, such as proximately 35% of mangroves have been lost in marine protected areas, and through prohibition the last two decades, and there are increasing and of destructive practices, such as bottom trawling, urgent concerns about the effects of overfi shing in areas with vulnerable ecosystems. and destructive fi shing practices on biodiversity. As part of their commitment to the issue of Halting, and perhaps ultimately reversing, this conservation and sustainable use of biodiversity in declining trend presents the global community marine areas beyond the limits of national jurisdic- with a formidable challenge. The seventh meeting tion, the Parties to the CBD have agreed to address of the Conference of the Parties agreed that marine options for cooperation for the establishment of and coastal protected areas are one of the essential marine protected areas beyond the limits of na- tools and approaches in the conservation and sus- tional jurisdiction. This topic was on the agenda of tainable use of marine and coastal biodiversity. It the fi rst meeting of the Convention’s Ad Hoc Open- also adopted a programme of work on protected Ended Working Group on Protected Areas in July areas (decision VII/28), while at the same time 2005, and will also be discussed at the second meet- updating the programme of work on marine and ing of this Working Group. The present document, coastal biological diversity (decision VII/5). Both prepared by the IUCN’s Global Marine Programme of these programmes of work support the estab- and the Task Force on High Seas Marine Protected lishment and maintenance of MCPAs that are Areas of IUCN’s World Commission on Protected effectively managed, ecologically based and con- Areas (WCPA), provided background material for tribute to a global network of MCPAs, building the Ad Hoc Open-Ended Working Group. In par- on national and regional systems, and including ticular, it presented a unique and valuable analysis a range of levels of protection. The COP, in both of the International Legal Regime of the High Seas decision VII/5 on marine and coastal biological and the Seabed Beyond the Limits of National diversity and decision VII/28 on protected areas, Jurisdiction, as well as options for cooperation adopted the target of developing such MCPA sys- for the establishment of marine protected areas in tems by the year 2012, echoing the commitment these areas. It is my hope that by publishing this made in the Plan of Implementation of the World study in the CBD Technical Series, it will benefi t all Summit on Sustainable Development. those countries, organizations and individuals who If we are to halt the loss of marine and coastal are working on protecting the fragile and valuable biodiversity globally, we need to rise to the chal- biodiversity of the global commons. lenge of affording appropriate protection to the Hamdallah Zedan, Executive Secretary 64% of the oceans that are located in areas beyond Convention on Biological Diversity iii The International Legal Regime of the High Seas and the Seabed Beyond the Limits of National
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