Oceans of Opportunity and Challenge

2018 ◽  
Vol 3 (2) ◽  
pp. 157-175
Author(s):  
Robin Warner
Keyword(s):  
Marine Pollution ◽  
Regional Scale ◽  
Sustainable Use ◽  
Climate Change Impacts ◽  
Marine Biodiversity ◽  
Multiple Sources ◽  
Ocean Governance ◽  
Preparatory Committee ◽  
National Jurisdiction ◽  
Marine Areas

Marine areas beyond national jurisdiction cover approximately forty percent of the planet’s surface. They host abundant marine biodiversity, which is under increasing pressure from activities such as fisheries and shipping as well as multiple sources of marine pollution and climate change impacts. The process initiated by the UN General Assembly (UNGA) Resolution 69/292 to develop the elements of an international legally binding treaty (ILBI) for conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ) has the potential to contribute to a more integrated and cross sectoral system of oceans governance at a global and regional scale. This article reviews the outcome of the Preparatory Committee meetings on the ILBI including areas of convergence and divergence among the negotiating parties. As the process enters the inter-governmental conference phase, it also examines how the anticipated ILBI might enhance existing ocean governance frameworks.

scholarly journals Strengthening Governance Frameworks for Conservation and Sustainable Use of Marine Biodiversity in Areas beyond National Jurisdiction: Southern Hemisphere Perspectives

2017 ◽  
Vol 32 (4) ◽  
pp. 607-634 ◽  
Author(s):  
Robin Warner
Keyword(s):  
Southern Hemisphere ◽  
Marine Pollution ◽  
Regional Scale ◽  
Sustainable Use ◽  
Climate Change Impacts ◽  
Marine Biodiversity ◽  
Multiple Sources ◽  
Ocean Governance ◽  
National Jurisdiction ◽  
General Assembly Resolution

Abstract The southern hemisphere is dominated by oceanic influences with 80% of its surface area consisting of ocean space. It hosts abundant marine biodiversity, which is under increasing pressure from activities such as fisheries and shipping as well as multiple sources of marine pollution and climate change impacts. The process initiated by the un General Assembly Resolution 69/292 to develop the elements of an international legally binding instrument (ilbi) for conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction has the potential to contribute to a more integrated and cross-sectoral system of oceans governance at a global and regional scale. This article examines key features of the existing global and regional ocean governance framework in the southern hemisphere and how the anticipated ilbi might relate to existing ocean governance frameworks.

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.

Part V Regional Perspectives on Global Ocean Governance, 15 The Australian and Antarctic Perspective on Global Ocean Governance

2018 ◽  
Author(s):  
Warner Robin
Keyword(s):  
Maritime Security ◽  
Policy Framework ◽  
Global Ocean ◽  
Marine Biodiversity ◽  
Law And Policy ◽  
Ocean Governance ◽  
National Jurisdiction ◽  
Antarctic Treaty ◽  
Marine Areas ◽  
The Antarctic

This chapter examines issues of global ocean governance in Australia and Antarctica. It first provides an overview of Australia's law and policy framework for ocean governance as well as its maritime jurisdiction before discussing issues regarding management of rights and responsibilities on Australia's extended continental shelf. It then considers Australia's engagement with regional initiatives to conserve and sustainably use marine biodiversity, and the ways it addresses global and regional maritime security. In particular, it analyses the Australian Oceans Policy on maritime security and how it evolved in response to rising instances of ‘people-smuggling’ incidents to establish both national and regional policies against this practice. The chapter goes on to assess ocean governance in Antarctica, focusing on the Antarctic Treaty and the cooperation among its partners in the development of a comprehensive environmental protection regime which applies to marine areas both within and beyond national jurisdiction.

scholarly journals South Atlantic Perspectives on the Future International Legally Binding Instrument under the losc on Conservation and Sustainable Use of bbnj

2017 ◽  
Vol 32 (4) ◽  
pp. 733-764 ◽  
Author(s):  
Marta Chantal Ribeiro
Keyword(s):  
Atlantic Ocean ◽  
Sustainable Use ◽  
South Atlantic ◽  
South Atlantic Ocean ◽  
Marine Biodiversity ◽  
Ocean Governance ◽  
Transfer Of Technology ◽  
Governance Systems ◽  
National Jurisdiction ◽  
Definition Of

Abstract The article focuses on the ocean governance systems of the South Atlantic Ocean aiming to contribute to the on-going debate concerning the development of an international legally binding instrument (ilbi) under the un Convention on the Law of the Sea on conservation and sustainable use of marine biodiversity beyond national jurisdiction (bbnj). For this purpose, a broad definition of South Atlantic Ocean has been adopted. The regional treaties and global initiatives relevant for the area are analysed in the context of discussions addressing bbnj. It also evaluated the importance of submissions to the Commission on the Limits of the Continental Shelf concerning the region. The main conclusion is that an ilbi is needed to supplement non-existent or insufficient ocean governance systems in the region and to strengthen and foster the progress of the regional ocean’s governance framework, provided that crucial factors such as transfer of technology and capacity-building are adequately addressed.

scholarly journals Area-based Management ToolsDeveloping Regulatory Frameworks for Areas beyond National Jurisdiction

2019 ◽  
Vol 4 (2) ◽  
pp. 142-157
Author(s):  
Robin Warner
Keyword(s):  
Sustainable Use ◽  
Marine Species ◽  
Marine Biodiversity ◽  
Sargasso Sea ◽  
North East ◽  
The North ◽  
Regulatory Frameworks ◽  
National Jurisdiction ◽  
Marine Areas

The increasing intensity and impacts of human activities in the global oceans pose significant threats to the extensive repository of marine species, habitats and ecosystems in the vast marine areas beyond national jurisdiction (abnj). This article examines the scope of these threats and the role of area-based management mechanisms such as marine protected areas (mpas) in addressing those threats. It discusses the law and policy rationale for establishing mpas in abnj and some regional examples of mpa designation in the North East Atlantic, the Mediterranean, Antarctica and the Sargasso Sea. Finally, it reviews global initiatives in the United Nations to develop a more integrated and cross-sectoral framework for conservation and sustainable use of marine biodiversity in abnj including the designation of a representative network of mpas in these largely neglected areas of the ocean.

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.

Environmental Assessment in Marine Areas Beyond National Jurisdiction: Practice and Prospects

2017 ◽  
Vol 111 ◽  
pp. 252-255
Author(s):  
Robin Warner
Keyword(s):  
Human Activity ◽  
Marine Environment ◽  
Environmental Assessment ◽  
Marine Pollution ◽  
Scientific Research ◽  
Marine Ecosystems ◽  
Marine Resources ◽  
Governance Structures ◽  
National Jurisdiction ◽  
Marine Areas

Knowledge of the threats posed to the oceans by human activity has expanded beyond marine pollution to encompass recognition of the risks posed to vulnerable marine ecosystems (VMEs) by overfishing, destructive fisheries practices, and invasive exploitation of living and nonliving marine resources. However, with the still-developing state of marine scientific research, the majority of activities at sea continue to occur with limited knowledge of their impacts on the marine environment. In this climate of uncertainty, environmental assessment assumes heightened importance. While governance structures will generally exist to facilitate environmental assessment in marine areas within national jurisdiction, these structures are still developing for marine areas beyond national jurisdiction (ABNJ).

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.

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