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  • Author or Editor: Alex G. Oude Elferink x
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In: International Journal of Estuarine and Coastal Law
In: The Future of Ocean Regime-Building
In: International Law and Politics of the Arctic Ocean

Abstract

To address the question how a future instrument for areas beyond national jurisdiction (ABNJ) might give consideration to the rights and obligations of coastal States and other States in establishing marine protected areas (MPAs) in ABNJ, the current article discusses the options that have been tabled in this respect in the preparatory meetings for the intergovernmental conference that will be negotiating that instrument. In considering the current legal framework, the focus is on the United Nations Convention on the Law of the Sea (LOSC), as the new instrument is to be elaborated under the LOSC and is required to be fully consistent with it. The article analyses the relevant practice of four specific regions that have established MPAs in ABNJ. The article concludes that due regard is fundamental in addressing interactions between coastal States and other States and considers some options to provide it with specific content.

Open Access
In: Conserving Biodiversity in Areas beyond National Jurisdiction
In: Challenges of the Changing Arctic
In: The Law of the Sea and the Polar Regions

Article 76 of the LOS Convention defining the continental shelf might give the impression that the establishment of the shelf’s outer limits beyond 200 nautical miles is a process only involving two parties—the coastal State and the Commission on the Limits of the Continental Shelf (CLCS or the Commission). However, the implementation of Article 76 may affect the rights of other States. The present article discusses the possibilities of those other States to have an impact on the establishment of the outer limits by the coastal State. The article concludes that the role of other States is more pronounced in the case of the establishment of outer limits of the continental shelf beyond 200 nautical miles by the coastal State as compared to other outer limits. Other States can in principle exert most influence after a submission has been lodged with the CLCS and the Commission has not yet taken up its consideration. The rules for establishing the outer limits of the continental shelf beyond 200 nautical miles seem to provide a satisfactory framework for dealing with the rights and interests of other States. The present analysis also suggests that States—and the Commission—may have to face complex questions concerning their application.

In: The International Journal of Marine and Coastal Law