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States urged to establish Marine Protected Areas (MPA) in high seas – Experts
States urged to establish Marine Protected Areas (MPA) in high seas – Experts
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States urged to establish Marine Protected Areas (MPA) in high seas – Experts
by Karen Ow-Yong08 February 2024
Photo courtesy of Embassy of Japan in the PH

MANILA – Experts urge states to establish a marine protected area (MPA) within the high seas, particularly in the South China Sea, in order to conserve habitats and species in the international seabed area and in the high seas.

In a forum organized by Stratbase in Makati City on Thursday, experts emphasized the importance of MPAs within the high seas in the South China Sea as “the region is home to almost 25 percent of all known species in the world.”

This is also important once the United Nations High Seas Treaty, also known as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement enters into force.

According to Professor Emeritus at the University of the Philippines Maritime Science Institute and former President of the National Academy of Science and Technology Rhodora Azanza, only 90 percent of the world’s ocean is protected with 1,800 MPAs in the country.

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“So, that is the pathway for ASEAN and part of the pathway for a sustainable blue economy is considering these marine protected areas beyond the national jurisdiction, especially in the South China Sea,” she added.

Meanwhile, retired Supreme Court Senior Associate Justice Antonio Carpio cited the inclusion of South China Sea high seas in Beijing’s ten-dash-line.

According to Carpio, the treaty is important not only in the context of biodiversity but when it enters into force, will add another layer to the rule of law that applies to the oceans.

“There is a continuing relevance of the South China Sea arbitral award in the context of this treaty,” Carpio added.

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Carpio also said that the high seas treaty is another legal instrument “that would bury the ten-dash-line of China”.

The ten-dash-line refers to China’s expansive territorial claims in the South China Sea, which also covers parts of the Philippines’ exclusive economic zone (ECZ).

This is echoed by Tohoku University International Law Professor Nishimoto Kentaro when he said during the forum that the treaty also adds “another layer to the rule of law” that applies to the ocean.

“This treaty is very important not only in the context of biodiversity because when it enters into force, that will add another layer to the rule of law that applies to the oceans. There is a continuing relevance of the South China Sea arbitral award in the context of this treaty,” he said.

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In the same vein, Japanese Embassy Deputy Chief of Mission Kenichi Matsuda reaffirmed Japan’s commitment to the rule of law and collaboration with like-minded partners in ensuring not just environmental protection but more importantly maritime freedom.

“As enhancing the rule of law is one of Japan’s foreign policy pillars, we are determined to work together hand-in-hand with other like-minded partners, especially with the Philippines, to ensure that universally accepted values and principles,” Minister Matsuda highlights.

To date, only Palau has ratified the treaty, however at least 60 ratifications are needed for it to enter into force. The BBNJ was adopted last year and signed by over 80 states, including China and the Philippines.

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