The Use of Earth Observation Tools for the Surveillance and Enforcement of Marine Protected Areas on the High Seas

In the aftermath of the adoption of the Implementing Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biodiversity in Areas Beyond National Jurisdiction (BBNJ Agreement) and in view of the global target to protect at least 30 per cent of the ocean by 2030 (30×30), an issue that merits attention is the surveillance of marine protected areas (MPAs) on the high seas. The BBNJ Agreement is remarkably silent on how the relevant management measures in future MPAs will be implemented, despite the fact that enforcement challenges are prevalent in existing MPAs. This article discusses the potential use of maritime domain awareness (MDA) tools, including earth observation tools like satellites, in ensuring effective surveillance and subsequent enforcement of high seas MPAs. The article first introduces the concept of MDA and the use of earth observation tools in that context, highlighting the advantages that such tools may have in ensuring compliance in MPAs. It then explores the legal framework governing the employment of earth observation tools in high seas MPAs. The article argues that States are not merely permitted but also obligated to monitor their vessels’ activities in high seas MPAs. Furthermore, States are under a general obligation of cooperation, including the obligation to share information that is obtained by MDA tools. Finally, the article briefly discusses how evidence, like satellite imagery, could be used for enforcement purposes, including before domestic courts. It concludes that the use of earth observation tools would be instrumental to the effective surveillance and enforcement of high seas MPAs

Convention · Convention on Biological Diversity · Earth observation · Enforcement · International waters · Jurisdiction · Marine protected area · Obligation · United Nations Convention on the Law of the Sea · Coastal and Marine Management · International Maritime Law Issues · Maritime Security and History