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.

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.

Capacity Building and Technology Transfer for Marine Biodiversity in Areas Beyond National Jurisdiction

2017 ◽  
Vol 111 ◽  
pp. 243-245
Author(s):  
Harriet Harden-Davies
Keyword(s):  
Technology Transfer ◽  
Biological Diversity ◽  
Sustainable Use ◽  
Capacity Development ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Critical Issues ◽  
National Jurisdiction ◽  
Key Issues ◽  
United Nations Convention

Marine science and technology have long been recognized as key issues to enable states to implement the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Scientific capacity development and technology transfer are cross-cutting issues in the development of a new international legally binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction under UNCLOS. The acquisition, exchange, and application of scientific knowledge are critical issues in the development of the ILBI.

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.

International high seas biodiversity concerns to rise

2019 ◽  
Keyword(s):  
New York ◽  
Marine Protected Areas ◽  
Sustainable Use ◽  
Marine Biodiversity ◽  
Marine Resources ◽  
International Treaty ◽  
Content Type ◽  
National Jurisdiction ◽  
Core Issues ◽  
High Seas

Subject High seas biodiversity. Significance The third session of the Intergovernmental Conference on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction took place in New York last month, making notable progress on the structure of a new international treaty on governance of the high seas. Divergences nevertheless remain on several long-debated core issues, such as the complexity of regulations required to designate new marine protected areas (MPAs), and the depth of obligations, including by the private sector, to share benefits from extracting living marine resources. Impacts Common standards will be developed for collecting and sharing data on high seas fishing and other activities. High seas scientific research will face a new regulatory environment after the treaty enters into force. Flag states will face scrutiny over flags of convenience, hindering firms’ moves to shift ship registrations to less strict jurisdictions.

Marine Protected Areas beyond National Jurisdiction: Some Practical Perspectives for Moving Ahead

2012 ◽  
Vol 27 (2) ◽  
pp. 351-373 ◽  
Author(s):  
Kristina M. Gjerde ◽  
Anna Rulska-Domino
Keyword(s):  
Protected Areas ◽  
Marine Protected Areas ◽  
Biological Diversity ◽  
Research Question ◽  
Sustainable Use ◽  
Marine Conservation ◽  
Marine Biodiversity ◽  
National Jurisdiction ◽  
Political Commitments ◽  
High Seas

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.

scholarly journals On the Legal Status of Marine Genetic Resources in Areas beyond National Jurisdiction

2021 ◽  
Vol 13 (14) ◽  
pp. 7993
Author(s):  
Chuanliang Wang
Keyword(s):  
Genetic Resources ◽  
Legal Status ◽  
Sustainable Use ◽  
Global Ocean ◽  
Marine Biodiversity ◽  
Research Approach ◽  
National Jurisdiction ◽  
Development And Utilization ◽  
The Law ◽  
Geographical Scope

The question of how to define the legal status of marine genetic resources (hereinafter MGRs) in areas beyond national jurisdiction (hereinafter ABNJ) is one of the important issues in the negotiation of the International Legally Binding Instrument under United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biodiversity of Areas beyond National Jurisdiction. According to the theory of the order and justice value of the law, in combining the experiences of the international community in handling global ocean problems and characteristics of MGRs in ABNJ, it can be said that MGRs in ABNJ have the legal attribute of being the common heritage of mankind (hereinafter CHM). From the perspective of the principle of CHM, in applying the subject, object and content elements of legal relations as the research approach, the legal status of MGRs in ABNJ should be defined as follows: Firstly, an international management body should be established and the scope of actual resource developers should be defined in terms of subject elements. Secondly, the temporal scope, geographical scope and material scope of MGRs in ABNJ should be clarified in terms of object elements. Thirdly, the disposition of rights and obligations in the process of development and utilization of MGRs in ABNJ should be defined in terms of content elements.

scholarly journals Marine Biodiversity Negotiations During COVID-19: A New Role for Digital Diplomacy?

2021 ◽  
pp. 1-18
Author(s):  
Alice B. M. Vadrot ◽  
Arne Langlet ◽  
Ina Tessnow-von Wysocki ◽  
Petro Tolochko ◽  
Emmanuelle Brogat ◽  
...  
Keyword(s):  
Biological Diversity ◽  
Sustainable Use ◽  
Marine Biodiversity ◽  
Global Environmental ◽  
Challenges And Opportunities ◽  
Environmental Diplomacy ◽  
National Jurisdiction ◽  
Set Up ◽  
Digital Diplomacy ◽  
The Impact

Abstract Measures related to the COVID-19 pandemic have indefinitely postponed in-person formal international negotiations for a new legally binding instrument 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). As a result, online initiatives have emerged to keep informal dialogue ongoing among both state and nonstate actors. To continue our research on the BBNJ process, we adapted our methodology and conducted a survey in May 2020 exploring the impact of COVID-19 on respondents’ BBNJ-related work and communication. This research note identifies online initiatives and communication channels set up to maintain negotiation momentum and examines the challenges and opportunities of digital diplomacy for multilateral environmental agreement making, as well as the study thereof. We discuss future avenues for global environmental politics research and conclude that digital ethnographies provide an entry point to study some of these dynamics but need to be adapted to the study of negotiation settings and the specific context of multilateral environmental diplomacy.

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