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Marine protected areas: a spark for contestation over ‘rational use’ of Antarctic marine living resources in the Southern Ocean?
Citation
Smith, D and McGee, J and Jabour, J, Marine protected areas: a spark for contestation over rational use' of Antarctic marine living resources in the Southern Ocean?, Australian Journal of Maritime & Ocean Affairs, 8, (3) pp. 180-198. ISSN 1836-6503 (2016) [Refereed Article]
Copyright Statement
Copyright 2016 Informa UK Limited, trading as Taylor & Francis Group
DOI: doi:10.1080/18366503.2016.1229398
Abstract
Over the last decade, there have been several proposals attempting
to establish marine protected areas (MPAs) within the Southern
Ocean under the Convention on the Conservation of Antarctic
Marine Living Resources (CAMLR Convention). However, despite
much work undertaken by the Commission for the Conservation
of Antarctic Marine Living Resources (CCAMLR) and its Scientific
Committee, only one MPA has been designated near the South
Orkney Islands in 2009. More recent MPA proposals have been
contested with some CCAMLR members claiming that ‘rational
use’ of the CAMLR Convention area (as it appears in the objects
clause of the CAMLR Convention) does not support the
establishment of such MPAs. This article shows how international
law rules on treaty interpretation might assist in resolving such
disputes. We also suggest that recent interpretative disputes over
the meaning of ‘rational use’ of the CAMLR Convention area are
consistent with wider value conflicts over use of marine resource
activities in the Southern Ocean. These value conflicts may need
to be managed diplomatically in order to avoid escalation.
Item Details
Item Type: | Refereed Article |
---|---|
Research Division: | Law and Legal Studies |
Research Group: | Environmental and resources law |
Research Field: | Environmental law |
Objective Division: | Environmental Policy, Climate Change and Natural Hazards |
Objective Group: | Understanding climate change |
Objective Field: | Understanding climate change not elsewhere classified |
UTAS Author: | Smith, D (Ms Danielle Smith) |
UTAS Author: | McGee, J (Associate Professor Jeffrey McGee) |
UTAS Author: | Jabour, J (Dr Julia Jabour) |
ID Code: | 112074 |
Year Published: | 2016 |
Deposited By: | Law |
Deposited On: | 2016-10-26 |
Last Modified: | 2017-11-01 |
Downloads: | 0 |
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