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.

The exploitation of deep-sea biodiversity

2020 ◽  
pp. 127-140
Author(s):  
Harriet Harden-Davies
Keyword(s):  
Genetic Resources ◽  
Deep Sea ◽  
Sustainable Use ◽  
Deep Ocean ◽  
Legal Framework ◽  
Global Ocean ◽  
Marine Biodiversity ◽  
Technological Advances ◽  
Governance Challenges ◽  
National Jurisdiction

Humans have been harnessing the natural properties of marine organisms for millennia—initially in their unprocessed form for sustenance, and more recently via extracted products as biomaterials, functional food ingredients, and medicines. As accelerating scientific and technological advances open up the deep ocean, potential avenues to exploit components and characteristics of marine biodiversity are revealed. To keep pace with such innovations and to promote equitable and sustainable activities, the international legal framework has evolved over recent decades to address the conservation and sustainable use of biodiversity, together with the sharing of benefits arising from the utilisation of genetic resources. Gaps remain, however, particularly for the deep, remote and technologically demanding ocean areas beyond national jurisdiction (ABNJ) that account for more than 60 per cent of the global ocean. The question of how to share benefits from marine genetic resources is one of the most contentious issues in ongoing negotiations for the development of a new international legally binding instrument for the conservation and sustainable use of marine biodiversity in ABNJ under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). In this chapter, the potential exploitation of deep-sea biodiversity is considered, and the governance challenges associated with the sharing of benefits are discussed. Associated opportunities and challenges for the conservation and sustainable use of deep-sea biodiversity are discussed. The development of a new legal instrument under UNCLOS provides a central focus for the discussion in this chapter.

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.

A New Regime for the Conservation and Sustainable Use of Marine Biodiversity and Genetic Resources Beyond the Limits of National Jurisdiction

2009 ◽  
Vol 24 (2) ◽  
pp. 221-280 ◽  
Author(s):  
Louise Angélique de La Fayette
Keyword(s):  
Genetic Resources ◽  
Mineral Exploration ◽  
Sustainable Use ◽  
Large Degree ◽  
Ecosystem Approach ◽  
Habitat Destruction ◽  
Marine Debris ◽  
Marine Biodiversity ◽  
Human Beings ◽  
National Jurisdiction

AbstractLife on earth, the climate, the air we breathe, the water we drink and the food we eat are to a large degree dependent on the health of the oceans and its biodiversity, which supports the global ecosystem. Ocean ecosystems provide essential services, food security and livelihoods to human beings all over the world. Yet, the oceans are currently or potentially threatened by human activities and their consequences, including: overfishing, destructive fishing practices, climate change, pollution from many sources, ocean acidification, habitat destruction, the spread of alien species, mineral exploration and exploitation, ocean dumping, underwater noise, marine debris, carbon sequestration, pipelines and cables, tourism, bioprospecting and marine scientific research. If we are to continue to benefit from the resources and services provided by the oceans, we must take urgent action to counter these threats. Some problems are already being addressed in various international instruments, most of which apply beyond national jurisdiction. However, because of the seriousness of the threats to marine ecosystems, States are considering whether existing measures are sufficient. Furthermore, with the recognition of the need to take an integrated, ecosystem approach to ocean management, some States are calling for an implementing agreement to the UN Law of the Sea Convention (LOSC) to address both the conservation and the sustainable use of marine biological resources beyond national jurisdiction. This paper examines the legal background and urges States to elaborate an implementing agreement to the LOSC to create a new regime for marine biodiversity and genetic resources beyond national jurisdiction.

16 The United Nations: A Practitioner’s Perspective

2015 ◽  
Author(s):  
Corell Hans
Keyword(s):  
United Nations ◽  
Sustainable Use ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Human Environment ◽  
Fish Stocks ◽  
National Jurisdiction ◽  
The United Nations ◽  
The Law

This chapter discusses the contributions of the United Nations to the development of the law of the sea during the period following the adoption of the United Nations Convention on the Law of the Sea (LOSC) in 1982. It covers preparing for the entry into force of the LOSC; informal consultations relating to the implementation of Part XI of the LOSC; establishing the Convention institutions after the entry into force of the LOSC; the Division for Ocean Affairs and the Law of the Sea (DOALOS); United Nations conferences on the human environment; the role of the General Assembly; the Meeting of States Parties to the LOSC; sustainable fisheries and straddling fish stocks and highly migratory fish stocks; the Oceans and Coastal Areas Network (UN-Oceans); the United Nations open-ended informal consultative process on oceans and the law of the sea; the so-called Regular Process; the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction; and piracy on the agenda of the Security Council.

THE NEGOTIATIONS FOR A NEW IMPLEMENTING AGREEMENT UNDER THE UN CONVENTION ON THE LAW OF THE SEA CONCERNING MARINE BIODIVERSITY

2020 ◽  
Vol 69 (3) ◽  
pp. 585-610 ◽  
Author(s):  
Efthymios Papastavridis
Keyword(s):  
Sustainable Use ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Common Heritage Of Mankind ◽  
National Jurisdiction ◽  
The Common ◽  
United Nations Convention ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

AbstractThis article discusses the current negotiations for an Implementing Agreement under the United Nations Convention on the Law of Sea on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction. It discusses, in particular, the issue of the relationship of the new agreement with existing and future relevant regional instruments and bodies and the need for cooperation and coordination amongst them, the guiding principles of the new agreement, and the question of implementation and enforcement of the new agreement. These issues and the choices that delegations will make respectively highlight the controversy on the underpinning tenet of the agreement, ie between the ‘freedom of the high seas’ and the common heritage of mankind. The article concludes with a pessimistic prognosis that, in general, the agreement will fall short of the expectations that many States and international community have had at the early days of the negotiation.

Challenges to Protecting the Marine Environment beyond National Jurisdiction

2012 ◽  
Vol 27 (4) ◽  
pp. 839-847 ◽  
Author(s):  
Kristina M. Gjerde
Keyword(s):  
Marine Environment ◽  
Integrated Management ◽  
Sustainable Use ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Human History ◽  
Global Community ◽  
The Past ◽  
National Jurisdiction ◽  
The Law

Abstract In the past thirty years since the signing of the UN Convention on the Law of the Sea (LOSC), the ocean has changed more than in all of human history before. It is now facing a multitude of interconnected threats that require comprehensive, precautionary and integrated management. This review of the environmental provisions in Part XII of the LOSC with respect to the high seas and the seabed area beyond national jurisdiction (ABNJ) reveals significant strengths as well as substantial weaknesses and gaps. Governments are now grappling with how to address problems related to the conservation and sustainable use of marine biodiversity in ABNJ. This commentary concludes that Part XII will need strengthening, including through an implementing agreement, to enable the global community to cope with the escalating challenges of a changing ocean.

33 Conserving Marine Biodiversity in Areas Beyond National Jurisdiction: Co-Evolution and Interaction with the Law of the Sea

2015 ◽  
Author(s):  
Warner Robin M
Keyword(s):  
Biodiversity Conservation ◽  
Sustainable Use ◽  
Institutional Framework ◽  
Law Of The Sea ◽  
Marine Biodiversity ◽  
Basic Principles ◽  
Multilateral Agreement ◽  
National Jurisdiction ◽  
The Law

This chapter explores key normative features of the legal and institutional framework for areas beyond national jurisdiction (ABNJ) and their applicability to the conservation of marine biodiversity. It considers gaps and disconnects in that framework and global and regional initiatives to develop the legal and institutional framework for conservation and sustainable use of marine biodiversity in ABNJ. It suggests that the biodiversity conservation elements of any multilateral agreement adopted under the umbrella of the UN Nations Convention on the Law of the Sea (LOSC) should be designed to implement the spirit and intent of Part XII provisions of the LOSC, rather than radically changing the basic principles and inherent balance of the law of the sea.

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