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Chapter 24. Marine Protected Areas in Antarctic Waters: A Review of Policy Options in the Context of International Law

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Chapter Summary

This chapter reviews several policy options for establishing additional marine protected areas (MPAs) in Antarctic waters and identifies how international legal frameworks both constrain and enable their implementation. It focuses on the concept of a 'MPA' and canvases a range of policy options for designating MPAs in Antarctic waters. The chapter identifies specific legal provisions enabling designation of MPAs in Antarctic waters and provides an overview of how these provisions have been utilised to date. It also addresses key functional and jurisdictional limitations of each provision that constrain the implementation of MPA policy options. The chapter concludes by making recommendations to address the identified limitations of the framework. National laws that apply within the Antarctic Treaty's area of application generally defer in express terms to international law or specifically exclude jurisdiction over foreign nationals in order to minimise the potential to provoke a dispute concerning the Treaty's interpretation and application.

Keywords: Antarctic Treaty's application; Antarctic waters; international law; international legal frameworks; marine protected areas (MPAs)



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