Abstract:
This chapter reviews the legal basis in a number of international and European legal instruments underpinning the establishment of Marine Protected Areas (MPAs) as a tool for ecosystem conservation and fisheries management. The global instruments examined include: the 1982 United Nations Law of the Sea Convention (LOS); the 1992 United Nations Conference on Environment and Development (UNCED) and Agenda 21; the 1992 Convention on Biological Diversity; the 1995 United Nations Agreement Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks; the 1995 FAO Code of Conduct for Responsible Fisheries; and the 2002 World Summit on Sustainable Development (WSSD). The regional instruments considered are: the OSPAR and HELCOM Conventions. European primary and secondary legal instruments reviewed include: the EC Treaties; Council Regulation No 2371/2002; Council Directive 92/43/EEC (the Habitats Directive); and Council Regulation 602/2004 to protect deepwater coral sites in an area north-west of Scotland. Recent policy initiatives such as the Biodiversity Action Plan for Fisheries, the European Marine Strategy and the European Maritime Policy are also mentioned. The chapter concludes by outlining the legal options for establishing Marine Protected Areas as a tool for ecosystem conservation and fisheries management.
