scholarly journals A new perspective on marine biological diversity of areas beyond national jurisdiction (BBNJ): Making use of area-based management tools (ABMTs), including marine protected areas (MPAs)

2019 ◽  
Vol 27 (10) ◽  
pp. 1153-1161
Author(s):  
Liao Jianji ◽  
Huang Hao ◽  
Li Weiwen ◽  
Wang Lei ◽  
An Lina ◽  
...  
2015 ◽  
Vol 24 (1) ◽  
pp. 61-93
Author(s):  
Tullio Scovazzi

Negotiations will start at the United Nations in order to draft an agreement on conservation and sustainable use of marine biological diversity beyond national jurisdiction. It will address, together and as a whole, marine genetic resources, including questions on the sharing of benefits, area-based management tools, including marine protected areas, environmental impact assessments, capacity building and transfer of marine technology. The new agreement would fill certain gaps currently existing in the United Nations Convention on the Law of the Sea. It could include provisions for strategic impact assessment of activities affecting the environment, the creation of a network of high seas marine protected areas of world importance and the establishment of a new regime for the exploitation of genetic resources. The question is open whether such a new regime should be based on the principle of the freedom of the seas, and in this case the very need of such a regime becomes questionable, or rather on the principle of common heritage of mankind. A third possibility involves a pragmatic approach, as proposed by the European Union and its Member States, an approach that however is still to be defined in its concrete elements.


2017 ◽  
Vol 32 (4) ◽  
pp. 765-796 ◽  
Author(s):  
Glen Wright ◽  
Julien Rochette

Abstract In recent years, the international community has become increasingly aware of the growing threats to marine biodiversity in areas beyond national jurisdiction (abnj), and international discussions on a new international legally binding are underway. In parallel, some States, through regional organisations, have progressively extended their activities into abnj, particularly through the development of area-based management tools (abmts). In this article, we consider how actors in the Western Indian Ocean (wio) might engage in abnj governance. In particular, we develop some possible scenarios for developing abmts in the wio, including through the development of fisheries closures, the establishment of marine protected areas (mpas), and the adoption of abmts under the auspices of relevant international organisations. We conclude that while the wio is currently not the most advanced region in terms of ongoing efforts to improve the governance of abnj, there are already some positive signals and promising options for the future.


2017 ◽  
Vol 32 (1) ◽  
pp. 1-35 ◽  
Author(s):  
Andrew Friedman

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.


2004 ◽  
Vol 19 (1) ◽  
pp. 1-17 ◽  
Author(s):  
Tullio Scovazzi

AbstractThe 2003 meeting of the United Nations Open-Ended Informal Consultative Process on Oceans and the Law of the Sea made a call to explore a range of tools for the protection and management of vulnerable and threatened marine ecosystems and biodiversity beyond national jurisdiction. To achieve this aim, the establishment of marine protected areas (MPAs) on the high seas not only fully complies with customary international law, but is also the subject-matter of specific obligations arising under a number of treaties (starting from UNCLOS Art. 194, para. 5). Today the time-honoured concept of freedom of the sea is to be understood in the context of the present range of marine activities and in relation to all the potentially conflicting uses and interests, such as the protection of the marine environment and the sound exploitation of marine living resources. The 1995 Protocol Concerning Specially Protected Areas and Biological Diversity in the Mediterranean is an interesting precedent on the issue of MPAs on the high seas.


2021 ◽  
Vol 8 ◽  
Author(s):  
David S. Berry

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.


2021 ◽  
Vol 8 ◽  
Author(s):  
Concepción Marcos ◽  
David Díaz ◽  
Katharina Fietz ◽  
Aitor Forcada ◽  
Amanda Ford ◽  
...  

Marine protected areas (MPAs) are globally important environmental management tools that provide protection from the effects of human exploitation and activities, supporting the conservation of marine biological diversity, habitats, ecosystems and the processes they host, as well as resources in a broad sense. Consequently, they are also expected to manage and enhance marine ecosystem services and material, non-material, consumptive and non-consumptive goods, and benefits for humans. There is however certain confusion on what constitutes an ecosystem service, and it is not always easy to distinguish between them and societal benefits. The main nuance is that an ecosystem service is the aptitude an ecosystem has or develops naturally or as consequence of a management action, and that manifests through its own properties (productivity, diversity, stability, quality of its key parameters, etc.), while a societal benefit is the economic or other profitability (emotional, educational, scientific, etc.) that humans obtain from said service or quality. In this work, 268 publications, together with our own experiences in the different investigations carried out in the MPAs that are part of the BiodivERsA3-2015-21 RESERVEBENEFIT European project, have been selected, reviewed and discussed to analyze the knowledge status of the expected ecosystem services of MPAs and the societal benefits derived from them, sometimes providing information on their evidence, when they exist. We define and classify the effects of protection, ecosystem services and societal benefits and elaborate a conceptual model of the cause-effect relationships between them.


2017 ◽  
Vol 111 ◽  
pp. 247-251
Author(s):  
Penelope Nevill

Area based management tools (ABMTs) such as marine protected areas (MPAs) are recognized by scientists and the international community as essential to promote the conservation and management of oceans and fisheries. They have been shown to enhance population resilience to climate-driven disturbance. In 2005 the Conference of the Parties to the Convention on Biological Diversity 1992 adopted a target MPA coverage of 10 percent of coastal and marine areas by 2012. In 2010 it extended the target deadline to 2020. By then the global MPA coverage was just over 1 percent. Recent statistics are more encouraging, if only slightly: a UNEP report released in November 2014 found that 3.4 percent of the global ocean is now protected. In any event 10 percent is not enough. A recent review of the scientific literature suggests that the figure needs to be 30 percent.


2012 ◽  
Vol 27 (2) ◽  
pp. 351-373 ◽  
Author(s):  
Kristina M. Gjerde ◽  
Anna Rulska-Domino

Abstract Despite strong legal duties and political commitments for marine conservation and ecosystem-based management, biodiversity in the high seas and the Area (jointly referred to as areas beyond national jurisdiction (ABNJ)) is under increasing threat. One important tool for enhancing conservation and multi-sectoral cooperation is the establishment and maintenance of representative networks of marine protected areas (MPAs). This commentary reviews potential avenues for accelerating progress towards representative MPA networks as part of a larger-scale effort towards improving the conservation and sustainable use of marine biodiversity beyond national jurisdiction. It builds on the report by Petra Drankier, Marine Protected Areas in Areas beyond National Jurisdiction, Report on Research Question 2 of the Study on ‘Biological Diversity and Governance of the High Seas’ (2011), which describes the applicable global and regional conventions by discussing the strengths and weaknesses of proposed avenues for progress, including a possible multilateral agreement under the UN Convention on the Law of the Sea (LOSC). The commentary concludes with some observations for a pragmatic path ahead.


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