The impact of OSPAR on protected area management beyond national jurisdiction: Effective regional cooperation or a network of paper parks?

• Published in: Marine policy Vol. 49; pp. 155 - 166
• Main Authors: Matz-Lück, Nele, Fuchs, Johannes
• Format: Journal Article
• Language: English
• Published: Elsevier Ltd 01.11.2014
• Subjects: Areas Beyond National Jurisdiction; Charlie-Gibbs fracture zone; Conservation; Conventions; Cooperation; Deep seabed; Ecosystems; Environment; Fisheries; Fishery management; Freedom of the seas; Jurisdiction; Law of the sea conference, 1973-82; Marine; Marine biodiversity; Marine parks and reserves; Marine Protected Areas; Networks; Non-governmental organizations; Ocean; OSPAR; Parks; Regional; Regional cooperation; Treaties; Deep seabed; Areas Beyond National Jurisdiction; Marine Protected Areas; Marine biodiversity; OSPAR; Charlie-Gibbs fracture zone
• ISSN: 0308-597X; 1872-9460
• DOI: 10.1016/j.marpol.2013.12.001

Various international treaty bodies and non-governmental organisations continuously urge States to establish a network of Marine Protected Areas (MPAs) in areas beyond the limits of national jurisdiction (ABNJ). Although this goal is far from being reached, the OSPAR Convention may serve as an example illustrating the efforts made on a regional level for the North-East Atlantic. However, these efforts to effectively protect the marine environment are subject to limitations under the Convention on the Law of the Sea (UNCLOS). Likewise, the OSPAR Convention itself restricts the scope of such protected areas. The OSPAR Convention does not adequately cover all human uses of the oceans that may interfere with a protected area, and it lacks opportunities for internationalised enforcement measures. Consequently, the responsibility for effective conservation measures under the OSPAR model ultimately remains with individual Contracting Parties, i.e. their commitment to set stricter standards and to agree on their enforcement. Nevertheless, ‘soft’ obligations such as reporting duties are suitable for collecting data on the need for protection and utilisation of the MPAs. Additionally, cooperation with regional fisheries management bodies allows for better protection of the living resources in these areas. Finally, OSPAR MPAs can draw attention to particularly vulnerable ecosystems and promote conservation standards and measures such as those developed under the auspices of the FAO. •Marine Protected Areas are an important concern of ocean governance.•High seas freedoms and flag State jurisdiction limit effectiveness of MPA initiatives in these areas.•OSPAR promotes cooperation, coordination and collection of scientific data.•The management framework for OSPAR MPAs cannot address fisheries.•OSPAR Contracting Parties must enact mutual enforcement measures to overcome regime shortcomings.