Conservation and Sustainable use of Marine biodiversity in areas beyond National Jurisdiction

2015 ◽  
Author(s):  
Divya Sampath
Keyword(s):  
Sustainable Use ◽  
Marine Biodiversity ◽  
National Jurisdiction

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.

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.

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.

The regional approach to the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction

Marine Policy ◽  
2014 ◽  
Vol 49 ◽  
pp. 109-117 ◽  
Author(s):  
Julien Rochette ◽  
Sebastian Unger ◽  
Dorothée Herr ◽  
David Johnson ◽  
Takehiro Nakamura ◽  
...  
Keyword(s):  
Sustainable Use ◽  
Marine Biodiversity ◽  
Regional Approach ◽  
National Jurisdiction

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.

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.

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