The exploitation of deep-sea biodiversity

2020 ◽  
pp. 127-140
Author(s):  
Harriet Harden-Davies
Keyword(s):  
Genetic Resources ◽  
Deep Sea ◽  
Sustainable Use ◽  
Deep Ocean ◽  
Legal Framework ◽  
Global Ocean ◽  
Marine Biodiversity ◽  
Technological Advances ◽  
Governance Challenges ◽  
National Jurisdiction

Humans have been harnessing the natural properties of marine organisms for millennia—initially in their unprocessed form for sustenance, and more recently via extracted products as biomaterials, functional food ingredients, and medicines. As accelerating scientific and technological advances open up the deep ocean, potential avenues to exploit components and characteristics of marine biodiversity are revealed. To keep pace with such innovations and to promote equitable and sustainable activities, the international legal framework has evolved over recent decades to address the conservation and sustainable use of biodiversity, together with the sharing of benefits arising from the utilisation of genetic resources. Gaps remain, however, particularly for the deep, remote and technologically demanding ocean areas beyond national jurisdiction (ABNJ) that account for more than 60 per cent of the global ocean. The question of how to share benefits from marine genetic resources is one of the most contentious issues in ongoing negotiations for the development of a new international legally binding instrument for the conservation and sustainable use of marine biodiversity in ABNJ under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). In this chapter, the potential exploitation of deep-sea biodiversity is considered, and the governance challenges associated with the sharing of benefits are discussed. Associated opportunities and challenges for the conservation and sustainable use of deep-sea biodiversity are discussed. The development of a new legal instrument under UNCLOS provides a central focus for the discussion in this chapter.

scholarly journals On the Legal Status of Marine Genetic Resources in Areas beyond National Jurisdiction

2021 ◽  
Vol 13 (14) ◽  
pp. 7993
Author(s):  
Chuanliang Wang
Keyword(s):  
Genetic Resources ◽  
Legal Status ◽  
Sustainable Use ◽  
Global Ocean ◽  
Marine Biodiversity ◽  
Research Approach ◽  
National Jurisdiction ◽  
Development And Utilization ◽  
The Law ◽  
Geographical Scope

The question of how to define the legal status of marine genetic resources (hereinafter MGRs) in areas beyond national jurisdiction (hereinafter ABNJ) is one of the important issues in the negotiation of the International Legally Binding Instrument under United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biodiversity of Areas beyond National Jurisdiction. According to the theory of the order and justice value of the law, in combining the experiences of the international community in handling global ocean problems and characteristics of MGRs in ABNJ, it can be said that MGRs in ABNJ have the legal attribute of being the common heritage of mankind (hereinafter CHM). From the perspective of the principle of CHM, in applying the subject, object and content elements of legal relations as the research approach, the legal status of MGRs in ABNJ should be defined as follows: Firstly, an international management body should be established and the scope of actual resource developers should be defined in terms of subject elements. Secondly, the temporal scope, geographical scope and material scope of MGRs in ABNJ should be clarified in terms of object elements. Thirdly, the disposition of rights and obligations in the process of development and utilization of MGRs in ABNJ should be defined in terms of content elements.

Part III Marine Biodiversity Conservation and Global Ocean Governance, 8 Marine Biodiversity of Areas Beyond National Jurisdiction: Securing a Sound Law of the Sea Instrument

2018 ◽  
Author(s):  
Millicay Fernanda
Keyword(s):  
Biological Diversity ◽  
Sustainable Use ◽  
Global Ocean ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Ocean Governance ◽  
Preparatory Committee ◽  
National Jurisdiction ◽  
Un General Assembly ◽  
United Nations Convention

This chapter examines the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ). It first provides an overview of the Preparatory Committee (PrepCom), convened by the UN General Assembly to make recommendations on the elements for a possible future multilateral agreement under the United Nations Convention on the Law of the Sea (UNCLOS). The material scope of the PrepCom is constituted by ‘the package’ agreed upon in 2011 and includes the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. The chapter discusses the challenges of the package, focusing on two interlinked dimensions of the package plus the big issue that underlies it. It also considers two main tasks facing PrepCom: the first is to clearly identify all elements of each substantive set of issues composing the package, and the second task is to understand the implications of each element of these three substantive sets of issues and the inter-linkages between them.

A New Regime for the Conservation and Sustainable Use of Marine Biodiversity and Genetic Resources Beyond the Limits of National Jurisdiction

2009 ◽  
Vol 24 (2) ◽  
pp. 221-280 ◽  
Author(s):  
Louise Angélique de La Fayette
Keyword(s):  
Genetic Resources ◽  
Mineral Exploration ◽  
Sustainable Use ◽  
Large Degree ◽  
Ecosystem Approach ◽  
Habitat Destruction ◽  
Marine Debris ◽  
Marine Biodiversity ◽  
Human Beings ◽  
National Jurisdiction

AbstractLife on earth, the climate, the air we breathe, the water we drink and the food we eat are to a large degree dependent on the health of the oceans and its biodiversity, which supports the global ecosystem. Ocean ecosystems provide essential services, food security and livelihoods to human beings all over the world. Yet, the oceans are currently or potentially threatened by human activities and their consequences, including: overfishing, destructive fishing practices, climate change, pollution from many sources, ocean acidification, habitat destruction, the spread of alien species, mineral exploration and exploitation, ocean dumping, underwater noise, marine debris, carbon sequestration, pipelines and cables, tourism, bioprospecting and marine scientific research. If we are to continue to benefit from the resources and services provided by the oceans, we must take urgent action to counter these threats. Some problems are already being addressed in various international instruments, most of which apply beyond national jurisdiction. However, because of the seriousness of the threats to marine ecosystems, States are considering whether existing measures are sufficient. Furthermore, with the recognition of the need to take an integrated, ecosystem approach to ocean management, some States are calling for an implementing agreement to the UN Law of the Sea Convention (LOSC) to address both the conservation and the sustainable use of marine biological resources beyond national jurisdiction. This paper examines the legal background and urges States to elaborate an implementing agreement to the LOSC to create a new regime for marine biodiversity and genetic resources beyond national jurisdiction.

scholarly journals Managing Biodiversity in Areas Beyond National Jurisdiction

2007 ◽  
Vol 22 (1) ◽  
pp. 89-124 ◽  
Author(s):  
Erik Molenaar
Keyword(s):  
Marine Protected Areas ◽  
Biological Diversity ◽  
Traditional Approach ◽  
Sustainable Use ◽  
Legal Framework ◽  
Marine Biodiversity ◽  
Economic Interests ◽  
Fish Stocks ◽  
National Jurisdiction ◽  
Rate Loss

AbstractThe global loss of biological diversity (biodiversity), both terrestrial and marine, occurs currently at an alarming and probably unprecedented rate. The main purpose of this article—which focuses in particular on marine capture fisheries—is to identify shortcomings in the international legal framework relating to the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ) and possible solutions for selected shortcomings. The latter relate to discrete high seas fish stocks, deep-sea species and fisheries, integrated marine protected areas (MPAs) in ABNJ and, finally, to existing and new rights to conserve marine biodiversity. The main argument on this last topic is that in view of the current rate loss of marine biodiversity, reform should not just be limited to the traditional approach of strengthening, deepening and broadening obligations but should be balanced with optimizing use of existing rights and/or granting new rights to ensure that the overarching balance between socio-economic interests and the interests of marine biodiversity of present and future generations is archived.

The legal framework for resource management in the deep sea

2020 ◽  
pp. 53-70
Author(s):  
Aline Jaeckel ◽  
Kristina Gjerde ◽  
Duncan Currie
Keyword(s):  
Deep Sea ◽  
Marine Pollution ◽  
Scientific Research ◽  
Legal Framework ◽  
Marine Biodiversity ◽  
Ocean Governance ◽  
Marine Governance ◽  
National Jurisdiction ◽  
Domestic Law

The deep oceans and their protection, management, research, and resources are governed by a range of legal instruments. This chapter sets out the relevant legal framework for the deep oceans and discusses the role of scientists in ocean governance. The chapter introduces the law’s spatial zoning approach to marine governance and considers the role of coastal states in managing marine spaces and resources through domestic law. The chapter then offers a discussion of the international legal framework for deep-sea fishing, marine pollution, deep-sea mining, and marine scientific research, before analysing current gaps in the law relating to marine biodiversity in areas beyond national jurisdiction, as well as ocean fertilisation.

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.

Considering the concept of the ecological civilization for conservation and sustainable use of marine biodiversity under the umbrella of the Biodiversity Beyond National Jurisdiction instrument

2021 ◽  
Vol 23 (3) ◽  
pp. 248-262
Author(s):  
Sabrina Hasan
Keyword(s):  
Environmental Governance ◽  
Sustainable Use ◽  
Marine Biodiversity ◽  
Ecological Civilization ◽  
National Jurisdiction ◽  
Marine Environmental

In exploring how the concept of ecological civilization can be applied to maintain adequate marine environmental governance for the conservation and sustainable use of marine biodiversity, the article first highlights the existing issues concerning conservation and sustainable use of marine biodiversity. It then suggests that ecological civilization can contribute as a norm to formulate the principles and approaches as well as to set goals and targets under the Biodiversity Beyond National Jurisdiction instrument.

Negotiating an International Legal Instrument on Biodiversity Beyond National Jurisdiction: A Look Ahead

2021 ◽  
pp. 1-17
Author(s):  
Marta Abegón Novella
Keyword(s):  
Legal Status ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Marine Biodiversity ◽  
General Interest ◽  
Due Diligence ◽  
Look Ahead ◽  
National Jurisdiction ◽  
Final Agreement ◽  
Core Issues

The negotiation of the future Agreement governing the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction is in its final stage. Essentially a treaty for the protection of general interests, the Agreement can generate several benefits for the governance of the oceans. However, in the first three sessions of the intergovernmental conference, deep discrepancies have emerged with respect to the core issues of the package agreed in 2011. This article identifies various formulas and strategies that have been considered in the negotiations and incorporated in the Revised draft text as possible regulatory options with the potential to bring positions closer and facilitate the agreement: avoiding explicit reference to the legal status of marine genetic resources; the incorporation of differential and contextual norms; the introduction of due diligence obligations; the incorporation of internal soft law; and the reduction of the scope of the treaty. These options may help to provide flexibility and differentiation in the regulation but, as essentially pragmatic measures, they tend to sacrifice the ambition of the final Agreement. On the other hand, if States assume their real role and responsibility in the process –that of interpreters of general interest and custodians of marine biodiversity –they would be in a better position to find novel and more ambitious solutions for bringing this crucial Agreement to fruition. This article advocates a return to basics and the placing of the marine environment at the centre of the regulations.

A holistic vision for our future deep ocean

2020 ◽  
pp. 201-206
Author(s):  
Eva Ramirez-Llodra ◽  
Maria Baker ◽  
Paul Tyler
Keyword(s):  
Deep Sea ◽  
Natural Capital ◽  
Synergistic Effects ◽  
Deep Ocean ◽  
Scientific Data ◽  
National Jurisdiction ◽  
Industrial Solutions ◽  
Sound Management ◽  
Holistic Vision

Healthy oceans are essential to maintain a healthy planet, but the ocean is facing many challenges that need urgent attention. Robust scientific data and innovative technological, policy, and industrial solutions are essential to support sound management of the deep-ocean natural capital, both within and beyond national jurisdiction, to ensure future healthy and productive oceans. As with many systems on Earth, there is a delicate ecological balance in the deep ocean that must be maintained. Understanding the interactions of the different components of natural capital in the deep sea is complex, as many of the variables are interlinked and many have cumulative and synergistic effects on the ecosystem. Add to this the global and changing effects of climate change and ocean acidification, and legislators and managers have a tough job ahead to account for all of these issues when designing appropriate conservation measures. It is important that scientists work hand in hand with multiple stakeholders to identify issues and research needs that contribute to enhancing knowledge and the science needed for decision-making to help towards securing a healthy future for our deep-ocean ecosystems and their long-term natural capital.

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