The Development and Prospects of International Marine Protected Areas in Asia

Rising environmental interests have prompted the international community to actively use the tool of Marine Protected Areas (MPAs) for the protection of the marine environment. In particular, States and international organisations are now adopting international MPAs, which involve more than one State and cover multiple jurisdictions. More MPAs are now being designated in areas beyond national jurisdiction such as the high seas and the deep seabed. Moreover, MPAs are one of the four pillars of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Notwithstanding this trend, active international cooperation over international MPAs is seldom observed in Asia. This chapter provides an overview of the development of international MPAs and reflections on such development in Asia. It first illustrates the range and trend in the use of international MPAs as a tool to protect the marine environment. It then turns the focus to Asia. Unlike other regions such as the North-East Atlantic, the Mediterranean Sea or the Baltic Sea, Asia has seldom witnessed regional cooperation for the protection of the marine environment. There are Areas of Particular Environmental Interest situated in the deep seabed area of the Central Pacific, but they are not established by Asian States but rather by the International Seabed Authority. In light of the international community’s ongoing calling for more MPAs, the chapter then explores past discussions on MPAs in the South China Sea. Based on these historical examples, it follows with the prospects of MPAs in Asia, in light of the recent adoption of the BBNJ Agreement.