The role of international environmental instruments in enhancing transboundary marine protected areas: An approach in East Africa

The increasing degradation of marine ecosystems has led to multiple calls for greater protection through the establishment of marine protected areas (MPAs). If created at the ecosystem or ecoregion level, MPAs will likely straddle maritime boundaries and therefore necessitate international cooperation. International environmental law and international law of the sea may facilitate cooperation between States in creating transboundary MPAs. The extent to which this body of law is actually or potentially useful for the establishment of transboundary MPAs is examined in the context of the East African Marine Ecoregion, focusing on Mozambique, South Africa, and Tanzania. A general survey and assessment of the applicable global, regional, and bilateral instruments in relation to the three States is conducted. Although some global instruments are relevant in the East African context, regional and bilateral instruments are more conducive to the establishment of transboundary MPAs. The article concludes that although a trilateral agreement between Mozambique, South Africa, and Tanzania would be an ideal vehicle for the establishment of a transboundary network of MPAs addressing both national and ecoregional conservation interests, a separate solution at each border will be the first step towards this goal.