scholarly journals Biodiversity in Areas Beyond National Jurisdiction (BBNJ): the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) and the United Nations BBNJ agreement

2021 ◽  
pp. 1-14
Author(s):  
Marcus Haward
Keyword(s):  
United Nations ◽  
Antarctic Marine ◽  
National Jurisdiction ◽  
The United Nations

scholarly journals Marine Genetic Resources in Areas Beyond National Jurisdiction: Promoting Marine Scientific Research and Enabling Equitable Benefit Sharing

2021 ◽  
Vol 8 ◽  
Author(s):  
Alex D. Rogers ◽  
Amy Baco ◽  
Elva Escobar-Briones ◽  
Kristina Gjerde ◽  
Judith Gobin ◽  
...  
Keyword(s):  
Technology Transfer ◽  
United Nations ◽  
Genetic Resources ◽  
Biological Diversity ◽  
Science And Technology ◽  
Sustainable Use ◽  
Scientific Research ◽  
Benefit Sharing ◽  
National Jurisdiction ◽  
The United Nations

Growing human activity in areas beyond national jurisdiction (ABNJ) is driving increasing impacts on the biodiversity of this vast area of the ocean. As a result, the United Nations General Assembly committed to convening a series of intergovernmental conferences (IGCs) to develop an international legally-binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity of ABNJ [the biodiversity beyond national jurisdiction (BBNJ) agreement] under the United Nations Convention on the Law of the Sea. The BBNJ agreement includes consideration of marine genetic resources (MGR) in ABNJ, including how to share benefits and promote marine scientific research whilst building capacity of developing states in science and technology. Three IGCs have been completed to date with the fourth delayed by the Covid pandemic. This delay has allowed a series of informal dialogues to take place between state parties, which have highlighted a number of areas related to MGR and benefit sharing that require technical guidance from ocean experts. These include: guiding principles on the access and use of MGR from ABNJ; the sharing of knowledge arising from research on MGR in ABNJ; and capacity building and technology transfer for developing states. In this paper, we explain what MGR are, the methods required to collect, study and archive them, including data arising from scientific investigation. We also explore the practical requirements of access by developing countries to scientific cruises, including the sharing of data, as well as participation in research and development on shore whilst promoting rather than hindering marine scientific research. We outline existing infrastructure and shared resources that facilitate access, research, development, and benefit sharing of MGR from ABNJ; and discuss existing gaps. We examine international capacity development and technology transfer schemes that might facilitate or complement non-monetary benefit sharing activities. We end the paper by highlighting what the ILBI can achieve in terms of access, utilization, and benefit sharing of MGR and how we might future-proof the BBNJ Agreement with respect to developments in science and technology.

16 The United Nations: A Practitioner’s Perspective

2015 ◽  
Author(s):  
Corell Hans
Keyword(s):  
United Nations ◽  
Sustainable Use ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Human Environment ◽  
Fish Stocks ◽  
National Jurisdiction ◽  
The United Nations ◽  
The Law

This chapter discusses the contributions of the United Nations to the development of the law of the sea during the period following the adoption of the United Nations Convention on the Law of the Sea (LOSC) in 1982. It covers preparing for the entry into force of the LOSC; informal consultations relating to the implementation of Part XI of the LOSC; establishing the Convention institutions after the entry into force of the LOSC; the Division for Ocean Affairs and the Law of the Sea (DOALOS); United Nations conferences on the human environment; the role of the General Assembly; the Meeting of States Parties to the LOSC; sustainable fisheries and straddling fish stocks and highly migratory fish stocks; the Oceans and Coastal Areas Network (UN-Oceans); the United Nations open-ended informal consultative process on oceans and the law of the sea; the so-called Regular Process; the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction; and piracy on the agenda of the Security Council.

Current ‘Light’ and ‘Heavy’ Options for Benefit-sharing in the Context of the United Nations Convention on the Law of the Sea

2018 ◽  
Vol 33 (4) ◽  
pp. 683-705 ◽  
Author(s):  
Gaute Voigt-Hanssen
Keyword(s):  
United Nations ◽  
Genetic Resources ◽  
Technological Development ◽  
Benefit Sharing ◽  
Law Of The Sea ◽  
Access And Benefit Sharing ◽  
National Jurisdiction ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

Abstract An international legally binding instrument under the United Nations Convention on the Law of the Sea (LOSC) will need to address “Marine Genetic Resources (MGRs), including questions on the sharing of benefits” from areas outside national jurisdiction (ABNJ). Existing international models of benefit-sharing have all evolved in the context of national jurisdiction and cannot readily be put to use in ABNJ. Current use of MGRs from ABNJ is practically non-existent, although any instrument or model would have to both cater for this situation and provide for any potential technological development and increase in use. The aim of this paper is to provide a simplified overview of options for access and benefit-sharing, drawing on existing models from international and national instruments. Existing options could be analysed through separating access from benefit-sharing and assessing them factually in terms of how ‘light’ and ‘heavy’ they are.

Recent Developments in the Treatment of Civilian Alien Enemies

1944 ◽  
Vol 38 (3) ◽  
pp. 397-406 ◽  
Author(s):  
Robert R. Wilson
Keyword(s):  
Great Britain ◽  
United Nations ◽  
International Law ◽  
Public International Law ◽  
Occupied Territory ◽  
Recent Developments ◽  
National Jurisdiction ◽  
Municipal Law ◽  
The United Nations

The treatment of civilian alien enemies, either in the national jurisdiction of a belligerent or in occupied territory, presents questions of public international law as well as of municipal law and administration. It appears that in some of the United Nations in the present war the problem of internment of such persons has become less acute as the tide of battle has turned against the Axis. In Great Britain, for example, the number of aliens of enemy nationality interned under the Royal Prerogative, and whose release had not been authorized, was only 6,123 at the beginning of 1944 as compared with 17,940 at the beginning of 1941.

scholarly journals Common Heritage of Mankind and the Deep Seabed Area Beyond National Jurisdiction: Past, Current, and Future Prospects

2021 ◽  
Vol 55 (6) ◽  
pp. 40-52
Author(s):  
Edwin Egede ◽  
Eden Charles
Keyword(s):  
United Nations ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Future Prospects ◽  
Common Heritage ◽  
United Nations General ◽  
Common Heritage Of Mankind ◽  
National Jurisdiction ◽  
The United Nations ◽  
International Seabed Authority

Abstract The common heritage of mankind (CHM) is of a relatively recent origin. This study examines Arvid Pardo's speech to the United Nations General Assembly in 1967, in which he urged that body to designate the seabed beyond national control as CHM. The commentary next looks at Part XI of the United Nations Convention on the Law of the Sea 82, as amended by the 1994 Agreement, which incorporates the CHM as a core principle governing mineral mining in the deep bottom area beyond national jurisdiction. Finally, it discusses CHM's future prospects in relation to the draft International Seabed Authority (ISA) Exploitation Regulations, the Enterprise, an ISA organ that has yet to be operationalized, and ongoing discussions about an international legally binding instrument on the conservation and sustainable use of marine biological diversity under the UNCLOS. The purpose of this study is to highlight the complexity surrounding the CHM, which is a key principle governing deep seabed activities.

scholarly journals Maritime Biodiversity of Areas Beyond National Jurisdiction (BBNJ) from the French Perspective

2021 ◽  
Vol 50 ◽  
pp. 1-11
Author(s):  
Joanna Siekiera ◽  
Keyword(s):  
United Nations ◽  
Biological Diversity ◽  
Sustainable Use ◽  
The United States ◽  
The Pacific ◽  
National Jurisdiction ◽  
The Indian Ocean ◽  
The United Nations ◽  
The Republic ◽  
Economic Zones

Sustainable use of marine biological diversity of areas beyond national jurisdiction under the United Nations Convention on the Law of the Sea became a key topic for the negotiations since the 2012 United Nations Conference on Sustainable Development in Rio de Janeiro. Ocean change is now the most significant threat facing humanity, especially those living in coastal areas. The possible and already observed loss of territory, and thus sovereignty of the submerged states, is not the only legal consequence of ocean change happening now, in the 21st century. Another factor is the downsizing of Exclusive Economic Zones, which implies political tensions between the neighboring countries, both sovereign and dependent territories of the former colonial powers. France is present in the Indian Ocean and the Pacific Ocean via its overseas collectivities. Thus, instead of being at the 45th position in the world’s ranking of the ocean powers, the Republic of France comes in the second position, straight after the United States of America. This high and indeed precious position, both geostrategically and economically, affects its views toward the United Nations negotiations process on biological diversity beyond national jurisdiction.

The Role of International Organization in Ocean Development

1968 ◽  
Vol 22 (3) ◽  
pp. 629-648 ◽  
Author(s):  
Daniel S. Cheever
Keyword(s):  
United Nations ◽  
International Organization ◽  
Ocean Floor ◽  
International Agency ◽  
General Assembly ◽  
United Nations General ◽  
Sea Bed ◽  
National Jurisdiction ◽  
The United Nations

The 22nd session of the United Nations General Assembly was unexpectedly enlivened by a late addition to its agenda when Malta, a newcomer even by UN standards, sought to demilitarize the ocean floor “beyond the limits of present national jurisdiction” and to internationalize its “resources in the interest of mankind.” Ambassador Arvid Pardo, Malta's Permanent Representative to the United Nations, sought immediate steps to draft a treaty thatshould envisage the creation of an international agency … to assume jurisdiction, as a trustee for all countries, over the sea-bed and the ocean floor, underlying the seas beyond the limits of present national jurisdiction….In advancing his proposal, in a surprise move thought to be premature by some governments, Ambassador Pardo accelerated and intensified the consideration of national and international interests in “ocean space.” How is the last earthbound frontier to be explored and exploited? Is it to be assigned to international jurisdiction or taken over by national authorities? A disconcertingly rapid rate of technological advance emphasizes the urgency of a decision. This article will first consider the disposal of the Malta proposal by the 22nd session of the General Assembly and then attempt to consider its significance as a challenge to the development of international organization.

Transitions in the management and distribution of international fisheries

1977 ◽  
Vol 31 (2) ◽  
pp. 235-265 ◽  
Author(s):  
Francis T. Christy
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
The World ◽  
The Future ◽  
Major Transition ◽  
National Jurisdiction ◽  
Management Techniques ◽  
The United Nations ◽  
Migratory Patterns ◽  
International Fisheries

The United Nations Conference on the Law of the Sea marks the threshold of a major transition in regimes governing the use of ocean fisheries. After 200 years of operation, the principle of the freedom of the seas for fishing is being abruptly dismantled and replaced by extended zones of national jurisdiction. The new acquisition of authority by coastal states will, in many situations, greatly facilitate the adoption of improved management techniques. But in most regions throughout the world, the authority over numerous stocks of fish will continue to be diffused among neighboring countries because of the migratory patterns of the stocks. Arrangements for the distribution of yields from these shared stocks, for the provision of information, the adoption of regulations, and enforcement will be extremely difficult to achieve and may become significant sources of conflict and waste for many years into the future.

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