36 Marine Bioprospecting

2015 ◽  
Author(s):  
Mossop Joanna
Keyword(s):  
Future Development ◽  
Biological Diversity ◽  
Marine Organisms ◽  
Law Of The Sea ◽  
Convention On Biological Diversity ◽  
Legal Regime ◽  
Legal Rules ◽  
National Jurisdiction ◽  
The Law

Bioprospecting is the process of identifying unique characteristics of marine organisms for the purpose of developing them into commercially valuable products. This chapter explores the legal regime for bioprospecting. It identifies the legal rules that apply to bioprospecting and the issues that may require future development. It discusses the UN Nations Convention on the Law of the Sea (LOSC) and the 1992 Convention on Biological Diversity (CBD) before turning to the rules that apply to marine bioprospecting within and outside areas of national jurisdiction.

scholarly journals Bioprospecting in the High Seas: Existing Rights and Obligations in View of a New Legal Regime for Marine Areas beyond National Jurisdiction

2014 ◽  
Vol 29 (2) ◽  
pp. 321-343 ◽  
Author(s):  
Ane Jørem ◽  
Morten Walløe Tvedt
Keyword(s):  
Biological Diversity ◽  
Patent Law ◽  
Benefit Sharing ◽  
Law Of The Sea ◽  
Convention On Biological Diversity ◽  
Legal Regime ◽  
National Jurisdiction ◽  
The Law ◽  
Marine Areas ◽  
High Seas

This article examines the law governing bioprospecting in the high seas and subsequent use of biological material. Seen in relation to the on-going debate on a new legal regime for marine areas beyond national jurisdiction, the authors explore the degree to which existing rights and obligations under the law of the sea and patent law could coincide with one of the objectives of the Convention on Biological Diversity, namely that of promoting benefit sharing. The activity of bioprospecting is examined in light of the different freedoms of the high seas, making the point that different interpretations give different indications of existing provisions on benefit sharing. In particular, the regime for marine scientific research under the law of the sea exemplifies different ways for sharing benefits, all of which run up against implementation challenges when seen in relation to rights awarded by patents to inventions resulting from bioprospecting.

11 The Deep Seabed

2015 ◽  
Author(s):  
Lodge Michael W
Keyword(s):  
Legal Status ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Commercial Exploitation ◽  
National Jurisdiction ◽  
The Law ◽  
International Seabed Authority

The deep seabed is the part of the seabed that is beyond national jurisdiction and is referred to as ‘the Area’ in the UN Convention on the Law of the Sea (LOSC). This chapter discusses the legal regime of the deep seabed. It covers the legal status of the Area and its resources; the International Seabed Authority; the regulation of ‘activities in the Area’; commercial exploitation; reserved areas; sponsorship by states parties; dispute settlement; and responsibility of the International Seabed Authority under Article 82 (4) of the LOSC.

7 ITLOS’s Jurisprudential Contributions: Present and Future

2021 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
Dispute Settlement ◽  
Biological Diversity ◽  
Mineral Resources ◽  
Law Of The Sea ◽  
Future Challenges ◽  
National Jurisdiction ◽  
Maritime Disputes ◽  
The Law ◽  
International Adjudication ◽  
Substantive Law

This chapter explores the present and future contributions of the International Tribunal for the Law of the Sea (ITLOS). Presently, ITLOS has made substantial contributions to the peaceful solution of ongoing maritime disputes and to international efforts against illegal, unreported, and unregulated fishing. It has also provided guidance on the responsibility and liability regarding activities in the deep seabed area for the benefits of humankind as well as developed procedural rules and substantive law in international adjudication. Human rights at sea, marine environment protection and preservation, and delimitation of the continental shelf beyond 200 nautical miles are some of the areas of the law of the sea elucidated by ITLOS’s rulings. Future challenges include legal issues pertaining to sea-level rise, dispute settlement as regards biological diversity of areas beyond national jurisdiction, and potential contentious cases before the Seabed Disputes Chamber arising from exploitation of mineral resources in the deep seabed.

Marine Genetic Resources, Including Sharing of Benefits

2017 ◽  
Vol 111 ◽  
pp. 245-247
Author(s):  
Angel Horna
Keyword(s):  
Genetic Resources ◽  
International Law ◽  
Biological Diversity ◽  
Environmental Law ◽  
Law Of The Sea ◽  
Convention On Biological Diversity ◽  
Legal Regime ◽  
Progressive Development ◽  
Equitable Sharing ◽  
United Nations Convention

If we look at the development of international law of the sea, an evolution that can be traced back to the emergence of the traditional law of the sea and its transition into its modern version (enshrined in the United Nations Convention on the Law of the Sea—UNCLOS), I would argue that we are now in the midst of another major moment in the codification and progressive development of international law of the sea, which—on this occasion—also includes the interrelationship between that legal regime and international environmental law, in particular the Convention on Biological Diversity (CBD) and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the CBD.

Do the Conventions on the Law of the Sea and Biological Diversity adequately protect marine biota from anthropogenic underwater noise pollution?

2020 ◽  
Vol 23 (1) ◽  
pp. 6-38
Author(s):  
Guy Dwyer ◽  
Tristan Orgill
Keyword(s):  
Biological Diversity ◽  
Noise Pollution ◽  
Law Of The Sea ◽  
Convention On Biological Diversity ◽  
Marine Biota ◽  
Underwater Noise ◽  
Seismic Surveys ◽  
Military Exercises ◽  
The Law ◽  
International Conventions

Anthropogenic underwater noise pollution (AUNP) generated by, inter alia, commercial shipping, military exercises, the use of sonar and seismic surveys has increased dramatically since the early 1950s. This has caused or contributed to the death and suffering of marine biota. International and domestic law must adequately regulate AUNP in order for this transboundary and transjurisdictional form of pollution to be addressed. This article examines the two most comprehensive multilateral international conventions regulating the world's oceans and biodiversity – the Convention on the Law of the Sea and the Convention on Biological Diversity – to address the question of whether these two conventions adequately protect marine biota from AUNP. It is argued that the existing regimes established under these conventions are inadequate because they do not: sufficiently recognise AUNP as a form of pollution; provide comprehensive and binding direction as to practical measures to prevent, mitigate or eliminate AUNP; or provide adequate enforcement regimes. To remedy these inadequacies, this article concludes by outlining a number of non-exhaustive law reform recommendations.

The International Tribunal for the Law of the Sea

2021 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Law Of The Sea ◽  
International Tribunal ◽  
Dispute Settlement Mechanism ◽  
Legal Context ◽  
National Jurisdiction ◽  
The Law

The International Tribunal for the Law of the Sea (ITLOS) plays a central role as a dispute settlement mechanism for the international law of the sea. This book provides a unique insight into its inner workings exploring both its limitations and its unutilized potentials. New fields such as sea-level rise and the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction play important roles in the ever-expanding scope of the law of the sea. The book charts the evolution of ITLOS and the role it continues to play in international law. It introduces the reader to the historical and legal context for the discussion of ITLOS’s place within this dispute settlement regime, as well as its relationship and interaction with the other choices of dispute settlement mechanisms. It is an invaluable resource for law students, practising lawyers, judges, government and international officials, academics, and those interested in law of the sea.

Relationship Between International Environmental Law and Other Branches of International Law

2008 ◽  
Author(s):  
Alan Boyle
Keyword(s):  
Human Rights ◽  
International Law ◽  
Dispute Settlement ◽  
Biological Diversity ◽  
Environmental Law ◽  
World Trade Organisation ◽  
Law Of The Sea ◽  
Convention On Biological Diversity ◽  
International Environmental Law ◽  
The Law

International environmental law is neither a separate nor a self-contained system or sub-system of law. Rather, it is simply part of international law as a whole. It is true that many ‘environmental’ treaties and other legal instruments have been negotiated over the past half-century, and that the study of international environmental law is to a significant extent a study of these treaties and other instruments. Nevertheless, unlike World Trade Organisation (WTO) law, the law of the sea, or human rights law, international environmental law has never been systematically codified into a single treaty or group of treaties. There is neither a dedicated international environmental organisation nor an international dispute settlement process with the ability to give it coherence. This article provides the link between international environmental law and WTO law, the 1982 UN Convention on the Law of the Sea and the 1992 Convention on Biological Diversity, environment and human rights, and dispute settlement and applicable law.

Preliminary Thoughts on Marine Spatial Planning in Areas beyond National Jurisdiction

2017 ◽  
Vol 32 (3) ◽  
pp. 570-588 ◽  
Author(s):  
Vasco Becker-Weinberg
Keyword(s):  
Spatial Planning ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Management Tool ◽  
Law Of The Sea ◽  
Marine Spatial Planning ◽  
Management Tools ◽  
National Jurisdiction ◽  
The Law ◽  
The Many

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.

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