‘Rainbow,’ a Global Example: The First National Marine Protected Area Viewed from the High Seas. Discovering the Rainbow’s Treasure

Abstract

The discovery of the thriving ecosystem of the Rainbow hydrothermal field in an area of the Portuguese continental shelf beyond 200 nautical miles has opened the possibility for our country to establish a new, lasting presence in the history of maritime exploration, this time through a new element that contributes to the understanding of the Law of the Sea. The proposal to designate it, within the framework of the OSPAR Convention, as the first national marine protected area under high seas waters—and its subsequent acceptance—makes Portugal a pioneering example in the international context of marine biodiversity protection. The designation is notable not only because of the sui generis framework of the marine protected area, but also because it was accepted at a stage when the process of defining the outer limits of the continental shelf had not yet been completed. Raising awareness of the new legal perspectives prompted by this development is the challenge driving the present study.