scholarly journals Recognising Stakeholder Conflict and Encouraging Consensus of ‘Science-Based Management’ Approaches for Marine Biodiversity Beyond National Jurisdiction (BBNJ)

2020 ◽  
Vol 7 ◽  
Author(s):  
Christine Gaebel ◽  
Corinne Baulcomb ◽  
David E. Johnson ◽  
J. Murray Roberts
Keyword(s):  
Marine Biodiversity ◽  
Stakeholder Conflict ◽  
National Jurisdiction ◽  
Management Approaches

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.

scholarly journals Regional Management of Areas beyond National Jurisdiction in the Western Indian Ocean: State of Play and Possible Ways Forward

2017 ◽  
Vol 32 (4) ◽  
pp. 765-796 ◽  
Author(s):  
Glen Wright ◽  
Julien Rochette
Keyword(s):  
Indian Ocean ◽  
Protected Areas ◽  
Marine Protected Areas ◽  
Western Indian Ocean ◽  
Marine Biodiversity ◽  
International Organisations ◽  
Management Tools ◽  
Regional Management ◽  
National Jurisdiction ◽  
Regional Organisations

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.

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.

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