Geoscience Reference
In-Depth Information
2.4.2 Gaps in the global legal regime
A comprehensive legal analysis by IUCN (Gjerde
et al
.,
2008
) identified the following reg-
ulatory gaps in the global legal regime with a particular focus on marine areas beyond na-
tional jurisdiction.
·
Modern conservation principles (such as the ecosystem approach and precautionary
approach) and tools (such as marine protected areas and EIAs and SEAs) are not
consistently incorporated and/or applied in all relevant existing instruments.
·
Lack of specific requirements for EIAs, monitoring, and reporting area-based meas-
ures and other modern conservation tools to the full range of ocean-based human
activities in areas beyond national jurisdiction.
·
Lack of rules or a process to coordinate regulation of interactions between activities
occurring in the high seas water column and on the extended continental shelf of
coastal states.
·
Lack of effective compliance and enforcement mechanisms.
In addition to these general gaps, there are a number of activities that do not have detailed
international rules and standards. These activities include:
·
bioprospecting
·
laying of cables and pipelines
·
construction of various types of installations
·
unregulated fisheries such as some discrete high seas fish stocks or sharks
·
grey-water discharges from shipping
·
oil and gas exploration and exploitation activities on extended continental shelves
·
military activities (recognizing that government ships on non-commercial service
benefit from sovereign immunity)
·
