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Abstract

Need to create marine protected areas, their importance for preservation of natural resources, and impact on the economy of the country – those are questions, which lately are actively discussed on various conferences. Talking of marine protected areas, an epithet “new” is used quite often and partially it reflects the truth, since only during the last decades, establishment of marine protected areas has livened up, and number of those areas has started to increase rapidly all over the world. A right of coastal states to establish protected areas in the territorial seawaters is not limited. Nevertheless, protected seacoasts of the sea territory can be established in the exclusive economic area belonging to the state only by following provisions of 1982 Convention and not breaking rights of other states in that maritime space. In the course of establishing preservation order of protected areas, coastal states cannot limit rights of peaceful navigation in the territorial seawaters and cannot limit freedom of navigation, flying, and laying submerged cables and pipelines in the exclusive economic area. Means of protection, which limit navigation in a protected area, can be applied only relying on part 6 of article 211 of 1982 Convention or, in case International Maritime Law Organization finds that territory to be an especially sensitive maritime domain. An issue of creating protected areas in the open sea is not regulated by an integrated legal base. It is not being provided for by 1982 Convention; however following general articles of the mentioned Convention, which are applied to all marine environments, creation of protected areas is also possible in the open sea. However, the actual creation of protected areas in the open sea is possible only by abiding by global or regional agreements, which are obligatory only for contracting states, so that one of the principal freedoms provided for by 1982 Convention – a freedom of the open sea – would not be violated. During establishment of marine protected areas, the goal is to ensure protection of areas, which are most sensitive to damage. Therefore, protected sea areas are of a great importance. They have impact on restoring composites and trying to protect their habitats, by decreasing pollution of their territories and trying to preserve areas attractive for recreation.