Biological Prospecting in Antarctica – A Solution-Based Approach to Regulating the Collection and Use of Antarctic Marine Biodiversity by Taking the BBNJ Process into Account

2021 ◽  
Vol 12 (1) ◽  
pp. 41-60
Author(s):  
Katharina Heinrich
Keyword(s):  
Biological Diversity ◽  
Sustainable Use ◽  
Extreme Environments ◽  
Marine Biodiversity ◽  
Polar Regions ◽  
United Nations General ◽  
Antarctic Marine ◽  
Antarctic Treaty ◽  
Convention On Biodiversity ◽  
The Antarctic

Areas beyond national jurisdiction (ABNJ) are covering nearly two-thirds of the world’s oceans and are rich in biological diversity. These also include the Polar Regions, where marine organisms adapted to extreme environments and led to increased scientific interest and activities, including bioprospecting activities. As a result, marine biodiversity is increasingly threatened. Thus, the Convention on Biodiversity (CBD) was established to ensure the conservation and sustainable use of biodiversity but left ABNJ and bioprospecting activities widely unregulated. In Antarctica, for instance, bioprospecting has raised concerns, and the matter has been discussed since 2002. As a result, the United Nations General Assembly (UNGA) Resolution 69/292 concluded the establishment of a new international legally binding instrument (ILBI) on the conservation and sustainable use of marine biological diversity for ABNJ. However, the inclusion of the Antarctic Treaty Area remains unclear. In light of the current BBNJ negotiations, the Antarctic Treaty Consultative Meeting (ATCM) only acknowledges the Antarctic Treaty System (ATS) as the appropriate framework to regulate these activities in Antarctica. Further, it seems to aim for regulation under the ATS, if at all. Therefore, this paper discusses a solution-based approach for possible regulation of the collection and use of Antarctic marine biodiversity. The negotiations and achievements of the current BBNJ process will be taken into account, as they might provide support for the regulation of these issues in Antarctica and the Southern Ocean.

scholarly journals The Relevance of the Southern Ocean to the Development of a Global Regime for Marine Areas beyond National Jurisdiction—An Uncommon Commons

2017 ◽  
Vol 32 (4) ◽  
pp. 709-732 ◽  
Author(s):  
Constance M. Johnson
Keyword(s):  
Biological Diversity ◽  
Sustainable Use ◽  
Current Approach ◽  
United Nations General ◽  
National Jurisdiction ◽  
Global Regime ◽  
Antarctic Treaty ◽  
General Assembly Resolution ◽  
Marine Areas ◽  
The Antarctic

Abstract The Southern Ocean’s areas beyond national jurisdiction (abnj) are uncommon in a number of ways. This article first discusses features of the Southern Ocean’s uncommonness that may be relevant to the relationship between the Antarctic Treaty System (ats) and the development of the international legally binding instrument on the conservation and sustainable use of marine biological diversity of abnj under United Nations General Assembly Resolution 69/292 (ilbi). Second, the article considers the potential relationship between the ilbi and the ats. Third, the article discusses the current approach of the ats to governance of the Southern Ocean’s abnj by focusing on two particular topics which are to be included in the development of the ilbi. The topics discussed are measures (such as area-based management, including marine protected areas) and marine genetic resources.

scholarly journals “Logrolling” in Antarctic governance: Limits and opportunities

Polar Record ◽  
2020 ◽  
Vol 56 ◽  
Author(s):  
Jeffrey McGee ◽  
Bruno Arpi ◽  
Andrew Jackson
Keyword(s):  
Marine Protected Areas ◽  
International Institutions ◽  
Marine Resources ◽  
International Governance ◽  
Short Term ◽  
Current Case ◽  
Antarctic Marine ◽  
Antarctic Treaty ◽  
Kunlun Station ◽  
The Antarctic

Abstract The Antarctic Treaty System (ATS) is considered a successful example of international governance as it has managed tensions over sovereignty claims, avoided militarisation and dealt with marine resources and environmental protection. Recently, China’s influence and assertiveness in many international institutions have significantly grown. What effect this shift in the international politics will have upon Antarctic governance remains to be seen. However, to further thinking on this issue we explore two current case studies that reveal pressure points within the ATS. First, in the Commission for the Conservation of Antarctic Marine Living Resources, Australia has proposed marine protected areas off East Antarctica, to which China and several other states have objected. Second, in the Antarctic Treaty Consultative Meetings, China has proposed special management arrangements for the area around the “Kunlun” station, to which Australia and several other states have objected. Negotiation theory suggests “logrolling” (i.e. trade of mutual decision-making support across issue areas) can be an effective strategy to avoid diplomatic deadlocks. We therefore consider the merits of a logrolling strategy for the above issues. We find that while a logrolling strategy in the ATS might facilitate short-term diplomatic success, it would carry significant risks, including the weakening of existing norms.

scholarly journals BRICS in polar regions: Brazil’s interests and prospects

2020 ◽  
Vol 13 (3) ◽  
pp. 326-340
Author(s):  
Paulo Borba Casella ◽  
◽  
Maria Lagutina ◽  
Arthur Roberto Capella Giannattasio ◽  
◽  
...  
Keyword(s):  
Legal Regulation ◽  
The Arctic ◽  
Polar Regions ◽  
Arctic Council ◽  
Public Power ◽  
Promising Tool ◽  
Antarctic Treaty ◽  
International Power ◽  
Global Affairs ◽  
The Antarctic

The current international legal regulation of the Arctic and Antarctica was organized during the second half of the XX century to establish an international public power over the two regions, the Arctic Council (AC) and the Antarctic Treaty System (ATS), which is characterized by Euro-American dominance. However, the rise of emerging countries at the beginning of the XXI century suggests a progressive redefinition of the structural balance of international power in favor of states not traditionally perceived as European and Western. This article examines the role of Brazil within the AC and the ATS to address various polar issues, even institutional ones. As a responsible country in the area of cooperation in science and technology in the oceans and polar regions in BRICS, Brazil appeals to its rich experience in Antarctica and declares its interest in joining the Arctic cooperation. For Brazil, participation in polar cooperation is a way to increase its role in global affairs and BRICS as a negotiating platform. It is seen in this context as a promising tool to achieve this goal. This article highlights new paths in the research agenda concerning interests and prospects of Brazilian agency in the polar regions.

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.

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.

scholarly journals Marine Technology Transfer under a BBNJ Treaty: A Case for Transnational Network Cooperation

AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 144-149 ◽  
Author(s):  
Stephen Minas
Keyword(s):  
Developing Countries ◽  
Technology Transfer ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Added Value ◽  
Marine Biodiversity ◽  
The European Union ◽  
Private Industry ◽  
National Jurisdiction ◽  
Marine Technology

Our ability to protect and sustainably use the high seas is ultimately subject to our ability to understand this vast and remote environment. The success of an international legally binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) will depend, in part, on utilizing technology to access ocean life, to analyze it, and to implement measures for its conservation and sustainable use. Indeed, technology, broadly defined, is integral to meeting the ILBI's objectives: not just the mandate to address “capacity-building and the transfer of marine technology,” but also the sustainable use and conservation of marine genetic resources, the implementation of environmental impact assessments, and biodiversity conservation measures such as area-based management tools. To maximize marine technology deployment to protect marine biodiversity in areas beyond national jurisdiction, transferring technology to developing countries will be critical. Provisions for the transfer of technology, generally from developed to developing countries, are included in many international environmental agreements and declarations, but these provisions have often proven difficult to implement. Part of the difficulty is that the relevant technology is dispersed among states; universities, research institutes and other nonstate actors; and private industry. The particular challenge in crafting an ILBI is, as the European Union has identified, to avoid repeating existing provisions and instead to “focus on added value.” One opportunity for an ILBI to add value on technology transfer is to further develop a network model to facilitate marine technology transfer.

Bioprospecting in Antarctica and the Arctic. Common Challenges?

2009 ◽  
Vol 1 (1) ◽  
pp. 145-174
Author(s):  
David Leary
Keyword(s):  
The Arctic ◽  
Polar Regions ◽  
Contact Group ◽  
Critical Issues ◽  
Recent Developments ◽  
History Of ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Antarctic Treaty System

Abstract Bioprospecting is occurring in the Arctic and Antarctica. This paper considers evidence on the nature and scale of bioprospecting in the Polar Regions. The paper then aims to draw out some of the critical issues in this debate by examining recent developments in the context of the Antarctic Treaty System. After an introduction to the history of the debate on bioprospecting in the Antarctic context it examines the recent Report of the Antarctic Treaty Consultative Meeting (‘ATCM’) Intersessional Contact Group to examine the issue of Biologocal Prospecting in the Antarctic Treaty Area tabled at ATCM XVII in Kiev in June 2008. The paper then concludes with some brief thoughts on the relevance of the Arctic experience to the debate in relation to Antarctica and whether or not there is an ‘Arctic Model’ for a response to the bioprospecting question in Antarctica. It is argued that rather than there being one Arctic model there is in fact a spectrum of models and experiences to choose from.

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.

scholarly journals Towards Integrated Management of Regional Marine Protected Area Networks

2021 ◽  
Vol 9 (2) ◽  
pp. 212-242
Author(s):  
James Harrison
Keyword(s):  
Marine Protected Area ◽  
Integrated Management ◽  
Legal Framework ◽  
Ocean Governance ◽  
Antarctic Marine ◽  
National Jurisdiction ◽  
Antarctic Treaty ◽  
The Antarctic ◽  
Institutional Fragmentation

Abstract Marine protected areas (MPA s) are an important tool for protecting marine ecosystems both within and beyond national jurisdiction, but the integrated management of MPA s is challenging due to the institutional fragmentation that exists in international ocean governance at global and regional levels. In the absence of fundamental reform of international ocean governance, integrated management of MPA s can at present only be achieved through cross-sectoral cooperation and coordination between relevant international institutions. Understanding regime interaction in this context requires an analysis of both the relevant legal framework and the manner in which coordination mechanisms operate in practice. This article carries out a case study of regime interaction between the Antarctic Treaty and the Convention on the Conservation of Antarctic Marine Living Resources, as well as other relevant institutions, in order to identify the key opportunities and challenges for promoting the integrated management of regional MPA networks in practice. It will also consider how the cooperative arrangements for the regional management of the Southern Ocean may provide lessons for the development of a new legally binding instrument for the conservation and management of biodiversity in areas beyond national jurisdiction.

scholarly journals Structure, function and molecular adaptations of haemoglobins of the polar cartilaginous fish Bathyraja eatonii and Raja hyperborea

2005 ◽  
Vol 389 (2) ◽  
pp. 297-306 ◽  
Author(s):  
Cinzia Verde ◽  
M. Cristina De Rosa ◽  
Daniela Giordano ◽  
Donato Mosca ◽  
Donatella De Pascale ◽  
...  
Keyword(s):  
Cartilaginous Fish ◽  
The Arctic ◽  
Polar Regions ◽  
Seasonal Temperature ◽  
Physiological Adaptations ◽  
Antarctic Marine ◽  
Haem Protein ◽  
And Function ◽  
The Antarctic ◽  
Regional Histories

Cartilaginous fish are very ancient organisms. In the Antarctic sea, the modern chondrichthyan genera are poorly represented, with only three species of sharks and eight species of skates; the paucity of chondrichthyans is probably an ecological consequence of unusual trophic or habitat conditions in the Southern Ocean. In the Arctic, there are 26 species belonging to the class Chondrichthyes. Fish in the two polar regions have been subjected to different regional histories that have influenced the development of diversity: Antarctic marine organisms are highly stenothermal, in response to stable water temperatures, whereas the Arctic communities are exposed to seasonal temperature variations. The structure and function of the oxygen-transport haem protein from the Antarctic skate Bathyraja eatonii and from the Arctic skate Raja hyperborea (both of the subclass Elasmobranchii, order Rajiformes, family Rajidae) is reported in the present paper. These species have a single major haemoglobin (Hb 1; over 80% of the total). The Bohr-proton and the organophosphate-binding sites are absent. Thus the haemoglobins of northern and southern polar skates appear functionally similar, whereas differences were observed with several temperate elasmobranchs. Such evidence suggests that, in temperate and polar habitats, physiological adaptations have evolved along distinct pathways, whereas, in this case, the effect of the differences characterizing the two polar environments is negligible.

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