MARINE PROTECTED AREA. Dr. Mary Kristerie Baleva (Director for International Affairs and Treaties, ASEAN Centre for Biodiversity) (from left), Dr. Rhodora Azanza, Professor Emeritus, University of the Philippines Marine Science Institute; Former President, National Academy of Science and Technology, Prof. Nishimoto Kentaro, Professor of International Law, Tohoku University, former Supreme Court Senior Associate Justice Antonio Carpio, and Katrina Guerrero, Program and Research Manager, Stratbase ADR Institute at a forum in Makati City on Thursday (Feb. 8, 2024). States are urged to establish a marine protected area (MPA) within the high seas of the South China Sea once the United Nations High Seas Treaty eventually enters into force. (Photo courtesy of Stratbase ADR Institute)
MANILA – States are urged to establish a marine protected area (MPA) within the high seas of the South China Sea (SCS) once the United Nations High Seas Treaty eventually enters into force.
The deal, also known as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, aims to serve as a framework that allows the establishment of MPAs and mechanisms to conserve habitats and species in the high seas and the international seabed area.
Once entered into force, the deal is expected to effectively cover the high seas or areas beyond national jurisdiction in the South China Sea.
Speaking at a Stratbase forum in Makati City, experts said it is important to establish MPAs in the area as the region is home to almost 25 percent of all known species in the world.
“Only 90 percent of the world’s ocean is protected and we have about 1,800 MPAs in the country but we want to establish more,” said Professor Emeritus at the University of the Philippines Maritime Science Institute and former President of the National Academy of Science and Technology Rhodora Azanza.
“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.
Beyond the context of biodiversity, Tohoku University International Law Professor Nishimoto Kentaro said 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.
Retired Supreme Court Senior Associate Justice Antonio Carpio agreed and cited the inclusion of South China Sea high seas in Beijing’s ten-dash-line.
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.
“We have high seas in the South China Sea. That's a fact,” Carpio said. “So this high seas treaty is another layer, another legal instrument that would bury the ten-dash-line of China."
Japanese Embassy Deputy Chief of Mission Kenichi Matsuda, who was also present at the forum, reaffirmed Japan's commitment to the rule of law and collaboration with like-minded partners in ensuring maritime freedom and environmental protection.
“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,” he said.
The BBNJ was adopted last year and was signed by over 80 states, including the Philippines and China.
At least 60 ratifications, however, are needed for it to enter into force. To date, only Palau has ratified the treaty. (PNA)
