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The
UN Convention on the Law of the Sea (UNCLOS)
Increasing technical capability to exploit mineral resources
on or beneath the sea bed and to exploit fishery resources
in deep waters led to the Third United Nations Conference
of the Law of the Sea, which ran from 1973 to 1977. The outcome
was an agreement to enable nations to take measures, including
regulation of fishing and protection of living resources of
the continental shelf, to a distance of 200 nautical miles
from their national jurisdictional baseline. This provided
a legal basis on which MPAs could be established and marine
resources conserved in areas beyond territorial seas. Importantly,
this convention, which came into force in November 1994, creates
a formal responsibility for countries to protect the sea from
land-sourced pollution.
The
Convention on Biological Diversity (CBD)
Entering into force in December 1993, this framework agreement
is for the conservation of biodiversity (which is defined
so as to include biological productivity), sustainable use
of biological resources and the sharing of benefits from the
use of biodiversity. It contains many clauses supporting the
case for marine conservation in general and the establishment
of MPAs in particular. Countries are obliged, among many other
things, to develop national biodiversity strategies, to identify
and monitor important components of biodiversity, to establish
a system of protected areas to conserve biodiversity, to promote
environmentally sound and sustainable development in areas
adjacent to protected areas and to rehabilitate and restore
degraded ecosystems.
Under
the Jakarta Mandate on Marine and Coastal Biological Diversity,
adopted by the Parties to the CBD in 1995, Governments affirmed
the importance of marine and coastal biodiversity. Five thematic
issues were identified for action, including Marine and Coastal
Protected Areas. Programme activities were approved in two
areas: research and monitoring on the values of marine and
coastal protected areas, and the development of criteria for
their establishment and management.
The
Ramsar or Wetlands Convention
The Convention on the Wetlands of International Importance
(Ramsar, Iran 1971) has as its mission. "The conservation
and wise use of wetlands by national action and international
cooperation as a means of achieving sustainable development
throughout the world". Although initially focused on
wetlands for migratory waterbirds, the Convention now takes
into account the full range of wetland functions and values,
and the need for an integrated approach to their management.
A
principal obligation of Contracting Parties is to designate
sites for the Ramsar List of Wetlands of International Importance.
Sites on the List must be managed to avoid changes in their
"ecological character". Some 48% of the designated
Ramsar sites include the coast and so may contain marine components.
The Conference of Parties of the Convention has urged countries
to give priority to designating new sites from wetland types
that are currently under-represented on the Ramsar List so
far, including coral reefs, mangroves and sea-grass beds.
The
World Heritage Convention
The Convention Concerning the Protection of the World Cultural
and Natural Heritage, known as the World Heritage Convention,
adopted by the UNESCO General Conference in 1972, entered
into force in 1975 and in late nineties has 158 State Parties.
The UNESCO World Heritage Centre provides its Secretariat.
The Convention aims to identify and protect cultural and natural
sites of outstanding, universal value.
Sites
are nominated by governments and, following acceptance by
the World Heritage Committee, are inscribed on the World Heritage
List, as Natural, Cultural or Mixed Natural/Cultural Sites.
By the end of 1998, the World Heritage List contained a total
of 582 sites, where 445 Cultural, 117 Natural and 20 Mixed
in 114 States. The Convention has proved a powerful lever
in preventing damage to listed sites, which can be added to
the List of World Heritage in Danger. Some financial assistance
is available from the World Heritage Fund, provided by UNESCO's
Member States.
The
two main marine areas covered so far are the Belize Barrier
Reef and the Great Barrier Reef (Australia), though World
Heritage sites such as Tubbataha Reef (Philippines), Ujong
Kulong (Indonesia), Shark Bay (Australia), Galapagos Islands
(Ecuador) and Glacier Bay (Canada) contain large marine components,
and others are estuarine, such as Banc d'Arguin (Mauritania)
and the Sunderbans (Bangaladesh).
The UNESCO Man and the Biosphere Programme
and its work on Biosphere Reserves
The
UNESCO conference in 1968 conceived the idea of biosphere
reserves as places to emphasize the human dimension of conserving
and using the resources of the planet. Today, they are defined
as "areas of terrestrial and coastal-marine ecosystems,
which are internationally recognized for promoting and demonstrating
a balanced relationship between people and nature".
A biosphere reserve has three functions:
- Conservation,
contributing to the conservation of landscapes, ecosystems,
species and genetic variation;
- Development,
fostering economic development which is ecologically and
culturally sustainable;
- Provision
of sites and facilities to support research, monitoring,
training and education related to local, regional and global
conservation and development issues.
The
combination of these three functions provides an outcome that
is greater than the sum of its parts. This is the special
character of the biosphere reserve.
Biosphere reserves are organized into three
inter-related zones:
- A core area, which should
be legally established to ensure long-term protection and
which should be large enough to meet defined conservation
objectives. There is minimal human activity.
- A buffer zone around or next
to the core, where activities must be regulated to protect
the core zone. This can be an area for research to develop
approaches for sustainable use of natural resources in the
wider ecosystem in an economically viable way. It is also
the area for ecosystem restoration. Education and training,
as well as carefully designed tourism and recreation activities
can take place here.
- An outer transition area or
area of cooperation, whose limits may not be fixed. It is
here that local communities, nature conservation agencies,
scientists, cultural groups, private enterprises and other
stakeholders should agree to work together to manage and
develop area's resources sustainably, for the benefit of
people who depend on the area.
Countries
nominate individual sites to the UNESCO for addition to the
World Network of Biosphere Reserves, of which there were some
357 sites by October 1999. A Statutory Framework sets out
the rules for governing the functioning of The World Network,
but falls short of any legal obligations. However, more important
is the innovative concept itself, which has proved of decisive
significance in influencing the management of all large protected
areas, whether or not inscribed on the UNESCO list.
The
Migratory Species or Bonn Convention
The Convention on the Conservation of Migratory Species of
Wild Animals (CMS), signed in 1979, is a framework agreement
under which groups of governments make Agreements, Memoranda
of Understanding and Action Plans to conserve individual migratory
species. Agreements that are predominantly marine include
those on Seals in the Wadden Sea (1990), Small Cetaceans in
the Baltic and North Seas (ASCOBANS, 1991), and Cetaceans
in the Mediterranean and Black Seas (ACCOBAMS, 1996). An agreement
on the Albatrosses in the Southern Hemisphere is in preparation.
Although the agreements are predominantly about species management,
controlling take, incidental damage and pollution control,
they may include the creation of reserves, as in the case
of the Wadden Sea seal agreement, which includes a set of
seal reserves closed to all activities during the birth and
nursing period.
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