Reasonable Restrictions on Freedom of High Seas by “Marine Protected Areas on the High Seas”: An Empirical Research

Abstract

The UN member states have been consulting on the establishment of high seas MPAs under the BBNJ Agreement since December 2017.This issue brings about the potential conflicts between the jurisdiction of the high seas MPAs and the traditional freedom of the high seas. Although it is generally accepted that the freedom of the high seas can be reasonably restricted, it is acknowledged that there are great controversies among States on the specific forms, approaches and applicable scopes of the restrictions of the high seas freedoms by the high seas MPAs. At present, there are four recognized high seas MPAs in the world. The practice of these four MPAs contributes positively to the interpretation of the reasonable restrictions on the freedom of the high seas. Accordingly, this paper concludes that the international community should gradually carry forward future restrictions on the freedom of the high seas with some suggestions.