scholarly journals Managing Biodiversity Beyond National Jurisdiction in the Changing Arctic

AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 134-138 ◽  
Author(s):  
Timo Koivurova ◽  
Richard Caddell

The development of an Internationally Binding Legal Instrument (ILBI) for the conservation and sustainable management of marine biological diversity in areas beyond national jurisdiction (BBNJ) has profound implications for the future regulatory activities of a host of regional governance structures exercising competence over these waters. In the rather stilted vernacular of the BBNJ Process, the ILBI aspires to “not undermine” the work of preexisting institutions and initiatives. Inevitably, given the emphasis upon future institutional symbiosis, a key challenge facing the ILBI is to promote its four thematic priorities—marine genetic resources, area-based management tools, environmental assessment, and capacity building and technology transfer—in a manner that can be effectively harnessed by current regional and sectoral frameworks. One region in which the intriguing set of challenges and opportunities presented by the ILBI are strikingly manifested is the Arctic. Some have argued for a regional treaty or clearer recognition of the “special” nature of Arctic conditions. However, we view the ILBI as a potential milestone in Arctic governance that can provide a firm platform to build on current cooperative arrangements for these vulnerable and rapidly changing marine ecosystems. Moreover, we argue that the present legal and institutional framework for the Arctic need not be revisited at this juncture, as it provides a strong regime through which to implement the core objectives of the ILBI. Its ability to do so, however, will depend on whether the ILBI (1) is effectively designed to work with preexisting machinery and (2) succeeds in clarifying and advancing universally-agreed methodological requirements for its four priority areas.

2017 ◽  
Vol 32 (1) ◽  
pp. 1-35 ◽  
Author(s):  
Andrew Friedman

In 2016, countries began meeting at the United Nations (un) to prepare for negotiations to develop an international legally binding instrument on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (abnj). How the instrument will relate to submarine cables, if at all, remains to be decided. The preparatory committee will address a “package” of issues, among them the application of area-based management tools, including marine protected areas (mpas) and environmental impact assessments (eias) to activities in abnj. eias and mpas already affect submarine cable operations in national jurisdictions. In abnj, a new instrument should formalize a cooperative framework with the cable industry to provide limited environmental management where necessary without over-burdening cable operations. This approach would be consistent with the un Convention on the Law of the Sea and could also inform governance with respect to other activities likely to be benign in abnj.


2021 ◽  
Vol 8 ◽  
Author(s):  
David S. Berry

Delegations are in the final stages of negotiating the proposed Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement or Agreement). The Agreement will have tremendous scope. Geographically it covers all ocean areas beyond national jurisdiction, meaning approximately 60 percent of the earth’s surface. Substantively it deals with a range of complex topics necessary for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including marine genetic resources, sharing of benefits, measures such as area-based management tools, including marine protected areas, environmental impact assessments and capacity-building and the transfer of marine technology. Existing scholarship primarily explores the substantive choices for the Agreement; little examines its proposed institutional structure. This article critically assesses the competing positions advanced during negotiations for the Agreement’s institutional structure – the ‘global’ and ‘regional’ positions – and reviews the middle, or ‘compromise’ position adopted by the draft text. It suggests that both global and regional actors will be necessary to conserve and sustainably use marine biological diversity of areas beyond national jurisdiction, and that some form of coordinating mechanism is required to allocate responsibility for particular tasks. Two principles are proposed for use in combination to provide a mechanism to help coordinate Agreement organs (global) and regional or sectoral bodies, namely, the principles of subsidiarity and cooperation. These principles are found in existing international and regional structures but are advanced here in dynamic forms, allowing for temporary or quasi-permanent allocation of competences, which can change or evolve over time. This position is also grounded in the international law of treaties and furthers dynamic views of regional and global ocean governance by offering practical coordinating principles that work with the existing Agreement text.


2020 ◽  
Vol 11 (0) ◽  
pp. 189
Author(s):  
Vito De Lucia ◽  
Philip Peter Nickels

Negotiations are ongoing to develop an international legally binding instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). If adopted, the ILBI will likely apply to parts of the Arctic Ocean where the Arctic Council has played an important role for ocean governance. This begs the question of what role the Arctic Council will play vis-à-vis a future ILBI, which is envisioned to “not undermine existing relevant legal instruments and frameworks and relevant global, regional and sectoral bodies” (UN General Assembly Resolution 72/249). Against this backdrop, this article reflects on the future relationship between the Arctic Council and the ILBI. In so doing, the article initially discusses possible meanings of the notion of not undermining and, more broadly, how the ILBI will likely determine its institutional relationship with relevant bodies for BBNJ. Based on that, the article provides a short overview of the role of the Arctic Council in Arctic Ocean governance and explores whether the Arctic Council would qualify as a relevant regional body that shall not be undermined by the future ILBI.


2017 ◽  
Vol 32 (3) ◽  
pp. 570-588 ◽  
Author(s):  
Vasco Becker-Weinberg

Abstract The conservation and sustainable use of biological diversity in areas beyond national jurisdiction is one of the most controversial issues facing the law of the sea, and one that will probably be the scope of a new implementing agreement of the United Nations Convention on the Law of the Sea (losc). The agreement will address a set of challenges not on the agenda at the time losc was drafted, constituting an opportunity for addressing innovative notions, but also to question established ones as States attempt to ensure the compatibility between the former and the latter. One of the many challenges and a key aspect is the adoption of area-based management tools such as marine spatial planning. This article examines the existing legal gap regarding the conservation and sustainable use of biological diversity in areas beyond national jurisdiction and the use of marine spatial planning as an essential area-based management tool.


2021 ◽  
pp. 1-18
Author(s):  
Alice B. M. Vadrot ◽  
Arne Langlet ◽  
Ina Tessnow-von Wysocki ◽  
Petro Tolochko ◽  
Emmanuelle Brogat ◽  
...  

Abstract Measures related to the COVID-19 pandemic have indefinitely postponed in-person formal international negotiations for a new legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). As a result, online initiatives have emerged to keep informal dialogue ongoing among both state and nonstate actors. To continue our research on the BBNJ process, we adapted our methodology and conducted a survey in May 2020 exploring the impact of COVID-19 on respondents’ BBNJ-related work and communication. This research note identifies online initiatives and communication channels set up to maintain negotiation momentum and examines the challenges and opportunities of digital diplomacy for multilateral environmental agreement making, as well as the study thereof. We discuss future avenues for global environmental politics research and conclude that digital ethnographies provide an entry point to study some of these dynamics but need to be adapted to the study of negotiation settings and the specific context of multilateral environmental diplomacy.


2021 ◽  
Vol 10 (8) ◽  
pp. 294
Author(s):  
Laura Cervi ◽  
Fernando García ◽  
Carles Marín Lladó

During a global pandemic, the great impact of populist discourse on the construction of social reality is undeniable. This study analyzes the fantasmatic dimension of political discourse from Donald Trump’s and Jair Bolsonaro’s Twitter accounts between 1 March and 31 May. To do so, it applies a Clause-Based Semantic Text Analysis (CBSTA) methodology that categorizes speech in Subject-Verb-Object (SVO) triplets. The study findings show that in spite of the Coronavirus pandemic, the main beatific and horrific subjects remain the core populist signifiers: the people and the elite. While Bolsonaro’s narrative was predominantly beatific, centered on the government, Trump’s was mostly horrific, centered on the elite. Trump signified the pandemic as a subject and an enemy to be defeated, whereas Bolsonaro portrayed it as a circumstance. Finally, both leaders defined the people as working people, therefore their concerns about the pandemic were focused on the people’s ability to work.


Author(s):  
Bo Peng

Today, with the increasingly rapid economic development and diversified consumer demands, the printing and publishing industry is also facing challenges and opportunities. Under this background, the emerging digital printing technology, which USES modern digital system to transmit graphic information to digital printing machine through network, has gradually become the core technical content of the printing field. Based on the emergence and characteristics of digital printing, this paper focuses on the application of digital printing technology in packaging printing, and predicts the future development trend of digital printing technology, hoping to help readers understand the knowledge of digital printing technology.


Author(s):  
Mandi Astola

AbstractStudies in collective intelligence have shown that suboptimal cognitive traits of individuals can lead a group to succeed in a collective cognitive task, in recent literature this is called mandevillian intelligence. Analogically, as Mandeville has suggested, the moral vices of individuals can sometimes also lead to collective good. I suggest that this mandevillian morality can happen in many ways in collaborative activities. Mandevillian morality presents a challenge for normative virtue theories in ethics. The core of the problem is that mandevillian morality implies that individual vice is, in some cases, valuable. However, normative virtue theories generally see vice as disvaluable. A consequence of this is that virtue theories struggle to account for the good that can emerge in a collective. I argue that normative virtue theories can in fact accommodate for mandevillian emergent good. I put forward three distinctive features that allow a virtue theory to do so: a distinction between individual and group virtues, a distinction between motivational and teleological virtues, and an acknowledgement of the normativity of “vicious” roles in groups.


2008 ◽  
Vol 191 (1) ◽  
pp. 91-99 ◽  
Author(s):  
Marc Deloger ◽  
Meriem El Karoui ◽  
Marie-Agnès Petit

ABSTRACT The fundamental unit of biological diversity is the species. However, a remarkable extent of intraspecies diversity in bacteria was discovered by genome sequencing, and it reveals the need to develop clear criteria to group strains within a species. Two main types of analyses used to quantify intraspecies variation at the genome level are the average nucleotide identity (ANI), which detects the DNA conservation of the core genome, and the DNA content, which calculates the proportion of DNA shared by two genomes. Both estimates are based on BLAST alignments for the definition of DNA sequences common to the genome pair. Interestingly, however, results using these methods on intraspecies pairs are not well correlated. This prompted us to develop a genomic-distance index taking into account both criteria of diversity, which are based on DNA maximal unique matches (MUM) shared by two genomes. The values, called MUMi, for MUM index, correlate better with the ANI than with the DNA content. Moreover, the MUMi groups strains in a way that is congruent with routinely used multilocus sequence-typing trees, as well as with ANI-based trees. We used the MUMi to determine the relatedness of all available genome pairs at the species and genus levels. Our analysis reveals a certain consistency in the current notion of bacterial species, in that the bulk of intraspecies and intragenus values are clearly separable. It also confirms that some species are much more diverse than most. As the MUMi is fast to calculate, it offers the possibility of measuring genome distances on the whole database of available genomes.


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