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| Abbreviations | |
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| Introduction | |
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| Global Shipping and the Marine Environment | |
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| Particularly Sensitive Sea Areas and the International Maritime Organization | |
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| Aims of this treatise | |
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| Synopsis | |
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| The Marine Environment: Oceans under Threat | |
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| The Oceans - Utilisation and Conflicts | |
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| The Marine Environment: Subject and Purpose of Protection | |
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| Oceans and seas - main physical and chemical properties | |
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| Functions of the Oceanic Ecosystem | |
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| Habitat for Flora and Fauna | |
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| Benthos | |
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| Pelagic Environment | |
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| Example: Coastal Areas | |
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| Example: Deep Sea | |
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| Buffer within the Climate System | |
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| Food Repository | |
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| Intrinsic Value | |
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| Conflicting Uses of the Oceans | |
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| Shipping | |
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| Tourism | |
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| Off-shore Mining | |
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| Fishing and Exploitation of other Living Marine Resources | |
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| Energy Production | |
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| Concluding Remarks | |
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| Threats to the Marine Environment: Pollution and Physical Damage | |
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| Sources of Pollution | |
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| Types of Pollutants | |
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| Hydrocarbon Compounds | |
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| Persistent Toxic Substances | |
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| Heavy Metals | |
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| Radioactive Materials | |
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| Nutrients | |
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| Heavy Metals | |
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| Radioactive Materials | |
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| Nutrients | |
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| Shipping-Related Threats to the Marine Environment | |
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| Operational Pollution | |
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| Accidental Pollution | |
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| Damage to Habitats and Animals | |
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| Instruments to Protect Specific Marine Areas | |
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| Protection of Specific Marine Areas | |
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| Introduction to the Concept of Marine Protected Areas | |
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| Historical Development and Basic Definitions | |
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| Underlying Rationale | |
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| Establishing Marine Protected Areas | |
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| Location, Size and Scientific Criteria | |
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| Objectives | |
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| Administration and Management: Prerequisite for Success of MPAs | |
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| Related Developments in International Environmental Policy | |
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| Protection of Marine Areas in International Law – Basic Principles | |
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| Introduction: Acceptance in International Law versus Unilateral Measures | |
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| Relevant Principles of International Environmental Law and International Law of the Sea | |
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| Traditional Ocean Governance: Freedom of Navigation | |
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| Compliance with Standards: Principle of Flag-State Enforcement | |
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| Principle of Sustainable Development | |
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| Principle of Preventive Action | |
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| Precautionary Principle | |
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| United Nations Convention on the Law of the Sea | |
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| Basic Rules for the Protection of the Marine Environment | |
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| Maritime Zones as Determinants of the Protective Regime | |
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| Territorial Sea | |
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| Exclusive Economic Zone | |
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| High Seas | |
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| Straits used for International Navigation | |
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| Archipelagic Waters | |
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| Unique Characteristics of Port State Jurisdiction | |
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| Special Rules for Areal Protection in Part XII of UNCLOS | |
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| Incorporation of IMO Regulations through UNCLOS Rules of Reference | |
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| Relation to other Multilateral Agreements | |
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| Implications of the Convention on Biological Diversity | |
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| Summarising Remarks | |
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| Marine Protected Areas in Multilateral Instruments | |
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| Global International Law | |
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| Protective Mechanisms of the MARPOL Convention | |
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| Special Areas | |
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| Procedural Aspects | |
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| Substantive Aspects | |
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| SO<sub>x</sub> Emission Control Areas | |
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| Ramsar Sites | |
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| UNESCO World Heritage Sites & Biosphere Reserves | |
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| Regional International Law | |
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| Kingston SPAW Protocol | |
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| Barcelona Protocol | |
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| Helsinki Convention: Establishing a Network of Baltic Sea Protected Areas | |
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| OSPAR Convention | |
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| Nairobi SPA Protocol | |
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| Antarctic Specially Protected Areas under the Antarctic Treaty System | |
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| Other Regional Agreements | |
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| Concluding Remarks: Similarities - Contrasts - Improvement Opportunities | |
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| Particularly Sensitive Sea Areas: an IMO Instrument to Protect Marine Areas | |
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| Protection of the Marine Environment through IMO within the System of International Institutions | |
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| International Organisations Addressing Marine Matters | |
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| Legal Framework of IMO Efforts to Protect the Marine Environment | |
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| Legislative Competences of International Organisations | |
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| Means of Establishing Rules and Standards | |
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| Determination of the Legal Quality: Binding and Recommendatory Acts | |
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| Legal Basis for the Work of IMO | |
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| Instruments Established and Governed by IMO | |
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| Multilateral Treaties: Conclusion and Amendment | |
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| Soft-Law Instruments Adopted by IMO | |
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| Some Remarks on the Impact of IMO Instruments on Marine Environment Protection | |
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| Development and Structure of the PSSA Concept: Implementation and Coordination of Protective Measures | |
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| IMO Assembly Resolution A.982(24): Implementing the Concept | |
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| Content and Structure of the Guidelines | |
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| Development of the Guidelines and Adoption by the Assembly in 1991 | |
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| Review 2001 and 2005: Reasons and Results | |
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| Designation: Requirements and Procedures | |
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| Criteria for Particular Sensitivity | |
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| Risks Posed by International Shipping | |
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| Size and Biogeographical Characteristics of the Area | |
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| Establishment of Protected Area Networks | |
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| Designation Procedure within IMO | |
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| Course of the Procedure | |
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| Requirements for Proposing Governments | |
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| Consequences of a Designation | |
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| Charting of PSSAs and APMs | |
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| Enforcement of Protective Measures | |
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| Protection without Protective Measures | |
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| Additional obligations for the Applying State to Protect the PSSA | |
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| Concluding Remarks | |
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| Associated Protective Measures as the Essential Part of a PSSA | |
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| Protective Measures Pursuant to the PSSA Guidelines | |
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| Legal Bases: Paragraph 7.5.3 of the PSSA Guidelines | |
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| Section (i) and (ii) | |
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| Section (iii) | |
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| Preliminary Findings | |
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| Options for Protective Measures | |
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| Navigational Aids | |
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| Routeing Measures | |
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| Ship Reporting Systems | |
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| Vessel Traffic Services | |
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| Pilotage | |
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| Discharge Restrictions | |
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| Standards concerning Construction, Design, Equipment and Manning of Ships | |
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| Other Measures | |
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| Establishment of APMs in Buffer Zones and Outside PSSAs | |
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| Procedural Requirements and Assessment of APM Proposals | |
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| Similarities and Differences of Hitherto Designated Areas | |
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| Marine Areas Designated as PSSAs | |
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| Approved APMs | |
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| Rejected APMs | |
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| Particularly Sensitive Sea Areas - Overview | |
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| The PSSA Concept - Analysis and Assessment | |
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| Comparison between PSSAs and other Regimes in International Law | |
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| Protecting Vulnerable Marine Areas in International Law: Synopsis | |
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| Particularities of Protective Regimes | |
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| Procedural Issues | |
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| Criteria and Prerequisites for Protection | |
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| Availability and Enforcement of Protective Measures | |
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| Comparative Remarks | |
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| Relationship of the Protective Regimes: Progression towards Collaboration | |
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| Attempt to Systematise Protective Approaches: Are PSSAs Marine Protected Areas? | |
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| Synergies of the PSSA Concept and other Regimes | |
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| Summarising Remarks | |
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| Legal Quality of the PSSA Guidelines and their Effect on Jurisdiction to Implement and Enforce Protective Measures | |
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| IMO Assembly Resolution A.982(24) | |
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| Legal Basis and Character of the PSSA Guidelines | |
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| Binding Force of PSSAs and their Associated Protective Measures | |
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| PSSAs and Article 211(6) of UNCLOS | |
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| Implementation of General Obligations Contained in Part XII of UNCLOS | |
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| APMs as Generally Accepted International Rules and Standards | |
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| Feasibility of this Interpretation | |
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| Legality of this Interpretation | |
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| Preliminary Remarks | |
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| Implications for the Balance between Environment Protection and Freedom of Navigation | |
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| Modification of the Status Quo - Legislation and Enforcement | |
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| Territorial Sea | |
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| Legislative Jurisdiction | |
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| Enforcement Jurisdiction | |
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| Exclusive Economic Zone | |
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| Straits and Archipelagic Waters | |
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| Summarising Remarks | |
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| PSSA Status: Additional Rights or Added Value? | |
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| Modified Interpretation of Indeterminate Legal Terms | |
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| Long-term Implications: Contribution to Customary International Law? | |
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| PSSAs on the High Seas - Competences and Responsibilities | |
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| Preliminary Considerations and Political Initiatives | |
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| Legal Framework for High-Seas MPAs | |
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| Existing High-Seas Specially Protected Zones | |
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| Options for the Implementation of the PSSA Concept on the High Seas | |
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| Main Findings | |
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| PSSAs and Ocean Governance: Current Interdependencies and Prospects for Future Developments | |
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| Past Achievements: the PSSA Concept's Impact on Ocean Governance | |
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| Interzonal Approach to Coastal State Jurisdiction for Marine Environment Protection | |
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| Cooperation between States | |
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| Influence on other IMO Instruments: Evolution of Routeing Measures | |
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| Application of a Precautionary Approach to Marine Environment Protection | |
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| Perspectives for Future Developments of the Concept | |
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| Recent Challenges to the Concept | |
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| Designations of Large and Disparate Marine Areas | |
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| Consequences: Redesign of the PSSA Concept | |
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| Initial Suggestions for a Future Protective Regime | |
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| Determining the Adequate Instrument to Develop a Multilateral MPA Regime | |
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| Material Legal Prerequisites | |
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| Institutional Arrangements | |
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| Concluding Remarks | |
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| Summary | |
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| Annex | |
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| Bibliography | |
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| Index | |