Experts Meetings on Biodiversity beyond National Jurisdiction

2019 ◽  
Vol 4 (2) ◽  
pp. 300-313 ◽  
Author(s):  
Zhen Sun
Keyword(s):  
International Workshop ◽  
Benefit Sharing ◽  
Global Ocean ◽  
Annual Conference ◽  
Management Tools ◽  
Access And Benefit Sharing ◽  
Environmental Impact Assessments ◽  
Transfer Of Technology ◽  
National Jurisdiction ◽  
Virginia School

This article summarizes and discusses the main issues addressed at two events hosted at the World Maritime University–Sasakawa Global Ocean Institute in Malmö, Sweden in the first half of 2019. The first event was the International Workshop on bbnj: Toward Development of a Balanced, Effective and Universal International Agreement on 7 February, co-sponsored by the Ministry of Foreign Affairs Japan, and the second event was the 43rd colp Annual Conference on Biodiversity Beyond National Jurisdiction: Intractable Challenges & Potential Solutions co-hosted with the Center for Oceans Law and Policy (colp), University of Virginia School of Law and The Nippon Foundation. The two events covered topics including marine genetic resources – access and benefit sharing, area-based management tools including marine protected areas, environmental impact assessments, capacity building and transfer of technology, cross-cutting issues, and Arctic concerns.

scholarly journals Unity or Fragmentation in the Deep Blue: Choices in Institutional Design for Marine Biological Diversity in Areas Beyond National Jurisdiction

2021 ◽  
Vol 8 ◽  
Author(s):  
David S. Berry
Keyword(s):  
Biological Diversity ◽  
Institutional Design ◽  
Sustainable Use ◽  
Institutional Structure ◽  
Global Ocean ◽  
Management Tools ◽  
Marine Biological ◽  
Deep Blue ◽  
Environmental Impact Assessments ◽  
National Jurisdiction

Delegations are in the final stages of negotiating the proposed Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement or Agreement). The Agreement will have tremendous scope. Geographically it covers all ocean areas beyond national jurisdiction, meaning approximately 60 percent of the earth’s surface. Substantively it deals with a range of complex topics necessary for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including marine genetic resources, sharing of benefits, measures such as area-based management tools, including marine protected areas, environmental impact assessments and capacity-building and the transfer of marine technology. Existing scholarship primarily explores the substantive choices for the Agreement; little examines its proposed institutional structure. This article critically assesses the competing positions advanced during negotiations for the Agreement’s institutional structure – the ‘global’ and ‘regional’ positions – and reviews the middle, or ‘compromise’ position adopted by the draft text. It suggests that both global and regional actors will be necessary to conserve and sustainably use marine biological diversity of areas beyond national jurisdiction, and that some form of coordinating mechanism is required to allocate responsibility for particular tasks. Two principles are proposed for use in combination to provide a mechanism to help coordinate Agreement organs (global) and regional or sectoral bodies, namely, the principles of subsidiarity and cooperation. These principles are found in existing international and regional structures but are advanced here in dynamic forms, allowing for temporary or quasi-permanent allocation of competences, which can change or evolve over time. This position is also grounded in the international law of treaties and furthers dynamic views of regional and global ocean governance by offering practical coordinating principles that work with the existing Agreement text.

Submarine Telecommunication Cables and a Biodiversity Agreement in abnj: Finding New Routes for Cooperation

2017 ◽  
Vol 32 (1) ◽  
pp. 1-35 ◽  
Author(s):  
Andrew Friedman
Keyword(s):  
Marine Protected Areas ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Management Tools ◽  
Cable Industry ◽  
Environmental Impact Assessments ◽  
New Instrument ◽  
Preparatory Committee ◽  
National Jurisdiction ◽  
Submarine Cables

In 2016, countries began meeting at the United Nations (un) to prepare for negotiations to develop an international legally binding instrument on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (abnj). How the instrument will relate to submarine cables, if at all, remains to be decided. The preparatory committee will address a “package” of issues, among them the application of area-based management tools, including marine protected areas (mpas) and environmental impact assessments (eias) to activities in abnj. eias and mpas already affect submarine cable operations in national jurisdictions. In abnj, a new instrument should formalize a cooperative framework with the cable industry to provide limited environmental management where necessary without over-burdening cable operations. This approach would be consistent with the un Convention on the Law of the Sea and could also inform governance with respect to other activities likely to be benign in abnj.

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.

scholarly journals The High Seas Freedom to Lay Submarine Cables and the Protection of the Marine Environment: Challenges in High Seas Governance

AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 139-143
Author(s):  
Tara Davenport
Keyword(s):  
United Nations ◽  
Marine Environment ◽  
Law Of The Sea ◽  
Management Tools ◽  
Environmental Impact Assessments ◽  
National Jurisdiction ◽  
The Law ◽  
Uncertain Future ◽  
Submarine Cables ◽  
High Seas

The freedom to lay submarine cables and pipelines, one of the most venerated high seas freedoms under the 1982 United Nations Convention on the Law of the Sea (UNCLOS), faces an uncertain future under the new international legally binding instrument (ILBI) being negotiated in the United Nations. UN General Assembly Resolution 72/249, authorizing the intergovernmental conference for the new ILBI, does not expressly mention submarine cables or pipelines but states that “the work and results of the conference should be fully consistent with the provisions of” UNCLOS. The issues in a new ILBI that are likely to have an impact on the freedom to lay submarine cables and pipelines in areas beyond national jurisdiction are (1) area-based management tools, and (2) environmental impact assessments (EIAs), which are mechanisms used to protect and preserve the marine environment and biodiversity. The challenge for high seas governance (and indeed, the perennial challenge for the law of the sea) is how to balance these two ostensibly competing, but equally valuable, interests: the protection of the marine environment and biodiversity and the high seas freedom to lay submarine cables in areas beyond national jurisdiction.

scholarly journals Developing a Methodology to Balance Benefit-Sharing: Application in the Context of Biodiversity Beyond National Jurisdiction

2020 ◽  
Vol 1 (1) ◽  
pp. 24-39
Author(s):  
Jane Eva Collins ◽  
Aysegul Sirakaya ◽  
Thomas Vanagt ◽  
Isabelle Huys
Keyword(s):  
Research Funding ◽  
Sequence Data ◽  
Sustainable Use ◽  
Decision Makers ◽  
Benefit Sharing ◽  
Access And Benefit Sharing ◽  
Genetic Sequence ◽  
Monetary Benefit ◽  
Starting Point ◽  
National Jurisdiction

The effectiveness and success of benefit-sharing measures to date, particularly in contributing towards the conservation and sustainable use of biodiversity, has been questionable. This is likely related to the degree of beneficial impacts versus burden on the users and regulatory authorities in terms of administrative complexities. It is, therefore, timely to reconsider which forms of benefit-sharing may most favourably balance the associated beneficial and burdensome aspects. The aim of this paper is to develop and demonstrate a benefit-sharing balance methodology which can be used as a tool to help decision-makers to select options in an objective and transparent manner. Application in the biodiversity beyond national jurisdiction context provides a useful example of how this tool can be used. Results suggest that sharing of genetic sequence data and research results provide the most favourable balance in terms of non-monetary benefit sharing, whilst the most favourable monetary benefit-sharing options were associated with research funding and salaries. The benefit-sharing balance methodology presented here provides a useful tool and starting point, which can be built upon in the future, to include more detailed information gathered from expert groups to consolidate the perceived balance of beneficial impacts versus burden. In addition, the equation can be tailored according to different policy settings where different benefit-sharing factors may be more appropriate. Ultimately, use of this tool could help to enhance implementation of benefit-sharing policies/legislation with greater potential to balance beneficial impacts with associated burden, thereby enhancing workability of the access and benefit-sharing system as a whole.

Marine Genetic Resources in Areas beyond National Jurisdiction: Access and Benefit-Sharing

2012 ◽  
Vol 27 (2) ◽  
pp. 375-433 ◽  
Author(s):  
Petra Drankier ◽  
Alex G. Oude Elferink ◽  
Bert Visser ◽  
Tamara Takács
Keyword(s):  
Genetic Resources ◽  
Biological Diversity ◽  
Plant Genetic Resources ◽  
Benefit Sharing ◽  
Convention On Biological Diversity ◽  
Access And Benefit Sharing ◽  
Food And Agriculture ◽  
Food And Agriculture Organization ◽  
National Jurisdiction ◽  
Legal Frameworks

Abstract This report examines whether it is possible for the research and use of marine genetic resources in areas beyond national jurisdiction (ABNJ) to follow an approach based on the system that is being used with plant genetic resources in areas within national jurisdiction, as developed by the Food and Agriculture Organization. Part IV of the International Treaty on Plant Genetic Resources for Food and Agriculture contains the multilateral system of access and benefit-sharing. In addition, the report considers the implications of relevant provisions as contained in the Law of the Sea Convention, the Convention on Biological Diversity, the Antarctic Treaty System, as well as instruments on intellectual property rights. The report concludes with an assessment of the options within existing legal frameworks for accommodating an access and benefit-sharing system for marine genetic resources originating from ABNJ, and provides suggestions to move the international debate forward.

Part I Assessing the UN Institutional Structure for Global Ocean Governance: The UN’s Role in Global Ocean Governance, 2 Role of the International Seabed Authority in Global Ocean Governance

2018 ◽  
Author(s):  
Cai Yongsheng
Keyword(s):  
Benefit Sharing ◽  
Global Ocean ◽  
Outer Continental Shelf ◽  
Ferromanganese Crusts ◽  
Ocean Governance ◽  
Sea Bed ◽  
Polymetallic Nodules ◽  
National Jurisdiction ◽  
International Seabed Authority

This chapter examines the role of the International Seabed Authority (ISA) in global ocean governance. In particular, it highlights the assumption of ISA's explicit mandate for environmental protection as an integral aspect of its overall governance of the deep sea-bed ‘Area’ beyond national jurisdiction, especially following the 1994 Implementation Agreement to the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This assumption is particularly significant given the fact that the ISA work programme has now progressed to the point where as of 31 January 2017, a total of twenty-six contracts for exploration had entered into force (sixteen for polymetallic nodules, six for polymetallic sulphides and four for cobalt-rich ferromanganese crusts). The chapter also discusses various activities undertaken in the Area, such as prospecting, exploration and exploitation of resources; marine scientific research; and benefit-sharing for exploitation on the outer continental shelf. Finally, it considers ISA's emphasis on the importance of international cooperation in implementing its mandates.

Redefining environmental stewardship to deliver governance frameworks for marine biodiversity beyond national jurisdiction

2017 ◽  
Vol 75 (1) ◽  
pp. 435-443 ◽  
Author(s):  
Penelope Ridings
Keyword(s):  
United Nations ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Environmental Stewardship ◽  
Benefit Sharing ◽  
Marine Biodiversity ◽  
General Assembly ◽  
Access And Benefit Sharing ◽  
Legal Principles ◽  
National Jurisdiction

Abstract In 2015 the United Nations General Assembly decided to develop an international legally binding instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. To that end, it established a Preparatory Committee (PrepCom), to make substantive recommendations to the General Assembly on the elements of a draft text of an ILBI. The PrepCom has identified the tension between the principle of the common heritage of mankind and high seas freedoms embodied in UNCLOS as one of the issues which must be addressed in such an international agreement. Some participants in the process have proposed a sui generis regime as a way of resolving any apparent clash of these international legal principles, particularly as it relates to marine genetic resources and their access and benefit sharing. This article argues that environmental stewardship may provide the framework for such a sui generis regime. For it to do so, however, it must be grounded in international legal principles and act as a balance between competing values, perspectives and interests in the conservation and sustainable use of marine biodiversity beyond national jurisdiction. If appropriately redefined in this way, environmental stewardship can deliver a governance framework which addresses some of the central issues with which the PrepCom will have to deal. These include the practical problems of access and benefit sharing of the marine genetic resources of areas beyond national jurisdiction, and reconciling the conflicting pressure for international decision-making for the conservation and sustainable use of marine biological diversity on the one hand, and the maintenance of existing regional and sectoral frameworks on the other. Environmental stewardship, redefined, can provide an intellectual framework for an ILBI under UNCLOS on marine biodiversity beyond national jurisdiction.

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