국가관할권이원지역의 해양보호구역에 관한 고찰- OSPAR협약을 중심으로 -

Marine Protected Areas(MPAs) are one of the means to protect and conserve the marine environment. The rights and responsibilities of nations with respect to their use of the world's oceans are defined in the United Nations Convention on the Law of the Sea(UNCLOS). UNCLOS does not provide the specific terms of MPA networks. However, its extensive environmental obligations provide a strong legal basis to establish area-based management measures including MPAs. There are some problems to establish MPAs in areas beyond the limits of national jurisdiction(ABNJ). As there is no centralized organ governing the high seas, it seems realistic that conservation of specific parts of the high seas should be undertaken by regional international institutions and arrangements. In 2010, the Contracting Parties to the Convention for the Protection of the Marine Environment of the North-East Atlantic(OSPAR Convention) created six MPAs on the high seas. The creation of MPAs on the high seas raises several legal issues concerning its legal ground, opposability to non-Contracting Parties, practical implementation and so on. For the protection of marine environment in ABNJ, it is required for all States involved agree upon environmental standards and cooperate with respect to the implementation measures. MPAs to protect the marine environment cannot, on their own, regulate fisheries and marine transportation. Thus there is a need to promote positive co-operation and co-ordination between relevant international organizations. In the case of the OSPAR MPAs on the high seas, the inter-linkage between the OSPAR and NEAFC is useful to protect the marine environment in a more integrated manner.