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Particularly Sensitive Sea AreasLegal Quality of the PSSA Guidelines and their Effect on Jurisdiction to Implement and Enforce Protective Measures

Particularly Sensitive Sea Areas: Legal Quality of the PSSA Guidelines and their Effect on... [This treatise so far has highlighted the international legal framework for the protection of vulnerable marine areas and, in particular, the designation of PSSAs. From the point of view of coastal states, however, seeking designation of PSSAs is only worth the effort if it results – compared with the basic UNCLOS regime – in an expansion of their prescriptive and enforcement competences regarding the protection of the marine environment against threats posed by shipping activities. The issue of coastal states’ competences is closely connected to the legal quality of the PSSA Guidelines. This chapter thus addresses both questions; first, what legal quality do the PSSA Guidelines possess, and secondly, to what extent, if any, do they entail implications for the balance of coastal states’ rights and the freedom of navigation.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Particularly Sensitive Sea AreasLegal Quality of the PSSA Guidelines and their Effect on Jurisdiction to Implement and Enforce Protective Measures

Part of the Hamburg Studies on Maritime Affairs Book Series (volume 13)
Particularly Sensitive Sea Areas — Jan 1, 2008
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Publisher
Springer Berlin Heidelberg
Copyright
© Springer-Verlag Berlin Heidelberg 2008
ISBN
978-3-540-78778-5
Pages
250 –283
DOI
10.1007/978-3-540-78779-2_10
Publisher site
See Chapter on Publisher Site

Abstract

[This treatise so far has highlighted the international legal framework for the protection of vulnerable marine areas and, in particular, the designation of PSSAs. From the point of view of coastal states, however, seeking designation of PSSAs is only worth the effort if it results – compared with the basic UNCLOS regime – in an expansion of their prescriptive and enforcement competences regarding the protection of the marine environment against threats posed by shipping activities. The issue of coastal states’ competences is closely connected to the legal quality of the PSSA Guidelines. This chapter thus addresses both questions; first, what legal quality do the PSSA Guidelines possess, and secondly, to what extent, if any, do they entail implications for the balance of coastal states’ rights and the freedom of navigation.]

Published: Jan 1, 2008

Keywords: Coastal State; Marine Protect Area; National Jurisdiction; Multilateral Treaty; Maritime Zone

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