Ypatingai jautraus jūros rajono sąvoka ir jame galiojantis teisinis režimas

Abstract

The author analysis the conception of Particularly Sensitive Sea Area (PSSA) and the content of its legal regime by identifying its peculiarities. Author states the rapid legal development of PSSA concept, inspired by the growing interest of states to apply this environment protection instrument in practice. Two principle positions could be marked out – the first one prioritizing the interests of environment protection and therefore the legal strengthening of this instrument; the second one – representing economic and shipping interests and therefore giving preference to the narrowing of PSSA conception and more strict corresponding to traditional principles of sea law – the freedoms of foreign ships in different sea zones. PSSA is evaluated as a significant tool for environment protection from international shipping pollution as stimulating the responsibility and pro-activity of states on environment protection, spreading information on specific sensitivities of particular sea area and providing coastal states with more possibilities to protect important and sensitive sea areas. At the same time the weaknesses of this instrument are identified, mainly focusing on the issue of mandatory extent of PSSA legal regime and its questionable balance with principle sea freedoms while seeking the mandatory implementation of associated protection measures, extending further than those already fixed in existing legal acts. The author states that legal status and mandatory extent of PSSA remains the most actual issues, determining the efficiency of this instrument. The examination of mandatory extent of PSSA‘s associated protective measures (APMs) and subjects’ competence in protection of marine environment, shows that current legal regime of PSSA is partially mandatory – as long as it corresponds existing legal norms of international sea law. PSSA most valuable merit – higher requirements for international shipping than existing sea law norms and standards – might be implemented only by good will of all interested and involved states. The author supposes that if the relevant state practice develops, as well, if international and national courts would take into account PSSA status as aggravation in evaluating the particular ships‘ violations – this might lead to the recognition of IMO recommended rules and standards as international custom. In turn, this would allow basing PSSA’s associates protective measures on the mandatory power of UNCLOS relevant provisions, obligating all states to comply with “generally recognised international rules and standards”. The possibility to strengthen PSSA’s legal status by carrying out the appropriate international convention or the amendments to already existing international agreements is also considered. It is stated that PSSA legal regime in current status is an efficient instrument in evaluating specific environmental needs of particular marine areas and spreading information about them. The efficiency of PSSA legal regime in the field of higher environment protection through the designation of new APMs is not enough due to its partial mandatory extent. The efficiency depends on states’ activity and good will in their implementation, as well as on harmonization with other marine environment protection instruments. As well, PSSA efficiency would depend on the general developments in the international sea law – what balance between environmental and shipping interests the states would be able to find and affirm. The author reviews PSSA regime valid in Baltic Sea as well and states as the positive result for environment protection already achieved information spread and harmonisation of the existing protective measures. Further harmonisation with other nets of marine environment protection could serve for better usage of current PSSA status.