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The international legal framework for marine spatial planning

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  • Maes, Frank

Abstract

Increasing demand for ocean resources, both living and non-living, have already lead to loss of biodiversity, habitat depletion and irreversible damage to the marine environment. Furthermore, introduction of new kinds of sea uses, spatial extension of ongoing sea uses and the need to better protect and conserve the marine biological diversity will result in increasing conflicts among the various users, as well as between the users and the environment. Marine spatial planning as a process to allocate space for specific uses can help to avoid user conflicts, to improve the management of marine spatial claims, and to sustain an ecosystem-based management of ocean and seas. This article explores the rights and duties towards exploitation and protection of the marine environment under the jurisdiction of coastal states as reflected in two important global conventions, the United Nations Convention on the Law of the Sea and the Convention on Biological Diversity. Both Conventions provide the main legal framework for marine spatial planning that have to be taken into account in planning at the regional and national level.

Suggested Citation

  • Maes, Frank, 2008. "The international legal framework for marine spatial planning," Marine Policy, Elsevier, vol. 32(5), pages 797-810, September.
    • Handle: RePEc:eee:marpol:v:32:y:2008:i:5:p:797-810
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    Cited by:

    1. Tammi, Ilpo & Kalliola, Risto, 2014. "Spatial MCDA in marine planning: Experiences from the Mediterranean and Baltic Seas," Marine Policy, Elsevier, vol. 48(C), pages 73-83.
    2. Elsner, Paul & Suarez, Suzette, 2019. "Renewable energy from the high seas: Geo-spatial modelling of resource potential and legal implications for developing offshore wind projects beyond the national jurisdiction of coastal States," Energy Policy, Elsevier, vol. 128(C), pages 919-929.
    3. Flannery, Wesley & O’Hagan, Anne Marie & O’Mahony, Cathal & Ritchie, Heather & Twomey, Sarah, 2015. "Evaluating conditions for transboundary Marine Spatial Planning: Challenges and opportunities on the island of Ireland," Marine Policy, Elsevier, vol. 51(C), pages 86-95.
    4. Justus Kipkorir Keter, 2022. "An Evaluation of Maritime Security Strategies in Promoting Blue Economy in the Coastal Region: A Case Study of Mombasa County, Kenya," International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 6(9), pages 430-439, September.
    5. Renfeng Ma & Jiarui Chen & Qi Pan & Yuxian Cheng & Weiqin Wang & Baoyu Zhu & Jingwu Ma & Jiaming Li, 2022. "How Should the Effectiveness of Marine Functional Zoning in China Be Evaluated? Taking Wenzhou Marine Functional Zoning as an Example," Land, MDPI, vol. 11(2), pages 1-15, February.
    6. Merrie, Andrew & Olsson, Per, 2014. "An innovation and agency perspective on the emergence and spread of Marine Spatial Planning," Marine Policy, Elsevier, vol. 44(C), pages 366-374.
    7. Fani Sakellariadou, 2013. "Evaluation of Anthropogenic Pollution in Harbour Areas," International Journal of Maritime, Trade & Economic Issues (IJMTEI), International Journal of Maritime, Trade & Economic Issues (IJMTEI), vol. 0(1), pages 59-66.
    8. Uihlein, Andreas & Magagna, Davide, 2016. "Wave and tidal current energy – A review of the current state of research beyond technology," Renewable and Sustainable Energy Reviews, Elsevier, vol. 58(C), pages 1070-1081.
    9. Glegg, Gillian, 2014. "Training for marine planners: Present and future needs," Marine Policy, Elsevier, vol. 43(C), pages 13-20.
    10. Emma McKinley & Oscar Aller-Rojas & Caroline Hattam & Celine Germond-Duret & Inés Vicuña San Martín & Charlotte Rachael Hopkins & Héctor Aponte & Tavis Potts, 2019. "Charting the course for a blue economy in Peru: a research agenda," Environment, Development and Sustainability: A Multidisciplinary Approach to the Theory and Practice of Sustainable Development, Springer, vol. 21(5), pages 2253-2275, October.
    11. Salvador, Santiago & Gimeno, Luis & Sanz Larruga, F. Javier, 2019. "The influence of maritime spatial planning on the development of marine renewable energies in Portugal and Spain: Legal challenges and opportunities," Energy Policy, Elsevier, vol. 128(C), pages 316-328.
    12. Kerr, S. & Johnson, K. & Side, J.C., 2014. "Planning at the edge: Integrating across the land sea divide," Marine Policy, Elsevier, vol. 47(C), pages 118-125.
    13. Khadija Zulfiqar & M Jahanzeb Butt, 2021. "Preserving Community’s Environmental Interests in a Meta-Ocean Governance Framework towards Sustainable Development Goal 14: A Mechanism of Promoting Coordination between Institutions Responsible for ," Sustainability, MDPI, vol. 13(17), pages 1-25, September.
    14. Scarff, Gavin & Fitzsimmons, Clare & Gray, Tim, 2015. "The new mode of marine planning in the UK: Aspirations and challenges," Marine Policy, Elsevier, vol. 51(C), pages 96-102.
    15. Frazão Santos, Catarina & Domingos, Tiago & Ferreira, Maria Adelaide & Orbach, Michael & Andrade, Francisco, 2014. "How sustainable is sustainable marine spatial planning? Part I—Linking the concepts," Marine Policy, Elsevier, vol. 49(C), pages 59-65.
    16. Santiago Salvador & Marta Chantal Ribeiro, 2023. "Socio‐economic, legal, and political context of offshore renewable energies," Wiley Interdisciplinary Reviews: Energy and Environment, Wiley Blackwell, vol. 12(2), March.

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