Dispute Settlement for Marine Biodiversity beyond National Jurisdiction: Not an Afterthought

2020 ◽  
pp. 147-182
Keyword(s):  
Dispute Settlement ◽  
Marine Biodiversity ◽  
National Jurisdiction

Identifying Community Interests in International Law

2018 ◽  
Author(s):  
Rüdiger Wolfrum
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
International Community ◽  
Available P ◽  
General Question ◽  
Global Commons ◽  
Settlement Systems ◽  
Community Interest ◽  
National Jurisdiction ◽  
Advisory Opinions

This chapter explores the general question of how to establish that the regulation of a certain matter constitutes a matter of community-wide concern, which is the necessary step for the recognition of community obligation. The hypothesis is that such a qualification must, first, be well founded factually and, secondly, accepted as such in a legal or political legitimizing process. On this basis, the chapter suggests that the governance of spaces beyond national jurisdiction constitutes a community interest and has to be guided by the interests of the international community. Exploring this question with respect to key common spaces and particular issues, the chapter notes the difficulty of most of the dispute settlement systems, which, being bilateral, are not fully adequate to address questions related to the management of global commons as well as for the protection of the environment. To avoid this difficulty, the chapter suggests greater reliance on advisory opinions where available.

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.

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