Summary/Abstract |
As vulnerable marine ecosystems, submarine ridges and seamounts in the Pacific Region of Chile are internationally protected, particularly from destructive fishing practices. This is the consequence of a number of legal instruments and measures reflecting an international practice, which have constituted an opinio juris to which countries may appeal to bring protection to such submarine features and ecosystems. However, in such a region the outer continental shelf, although still pending in its delineation, is an area over which eventual disagreements may arise between Chile and third States concerning the scope of conservation measures applicable in those vulnerable ecosystems and to the living marine resources therein. In applying precautionary and ecosystem approaches, Chile is entitled to claim protection to such ecosystems and resources. The entry into force of amendments to the Chilean Law of Fisheries, in which both the precautionary and ecosystem approaches, along with the environmental assessment to vulnerable marine ecosystems, were adopted, contributes to such a claim. Besides, the South Pacific RFMO provides room to extend the environmental protection to areas beyond national jurisdiction.
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