The Creation of MPAs in Continental Shelf Areas Beyond 200 nm: Law of the Sea, CPLP, and the Portuguese Experience After the ‘Rainbow’ Case

Abstract

Bearing in mind the preliminary study on the protection of the Rainbow hydrothermal vent field, located in an area of the continental shelf of the Azores region beyond 200 nm, the final objective of this article is to report on developments regarding the creation of protected areas in that maritime space.

To this end, four overarching aspects stand out:

1. a review of the applicable international regimes, with particular attention to those involving member states of the Community of Portuguese-Speaking Countries, and a note on the developments within the Natura 2000 Network;
2. a synthesis of the powers of the coastal state and the contingencies of its subjection to the Law of the Sea, with a special comparison between the regimes of the continental shelf and the Area;
3. a reference to all new cases of continental shelf ecosystems beyond 200 nm included in the OSPAR MPA Network through Portugal’s nomination, as well as a reaffirmation of the pioneering role of our country;
4. a more consolidated contribution to the interpretation of Article 77 of UNCLOS, made possible by the evolution of understandings from the Rainbow case (2006/2007) to the present day.