Pub Date : 2021-02-11DOI: 10.1163/9789004422438_014
Ronán Long
Many developing countries do not have adequate scientific capability to benefit from the sustainable development of the ocean or to implement their international legal obligations under the Convention and related instruments. In light of this shortcoming, the chapter seeks to address fundamental questions pertaining to the adoption of new normative obligations in the bbnj Agreement on education and training in marine scientific research (msr), including the codification of gender- sensitive norms. The chapter concludes that the Agreement has the potential to be a game- changer on capacity- building if it results in the following: the establishment of a robust institutional setting for decision- making supported by the proposed clearing- house mechanism; codifies the requirements of undertaking a regular ‘needs assessment’; provides a solid legal plinth for gender equality and the empowerment of women scientists; and most importantly of all establishes a mandatory and sustainable funding stream for capacity- building. Furthermore, the negotiators should bring about transformational change in the law of the sea by addressing these issues directly at the final session of the intergovernmental conference.
{"title":"Beholding the Emerging Biodiversity Agreement through a Looking Glass","authors":"Ronán Long","doi":"10.1163/9789004422438_014","DOIUrl":"https://doi.org/10.1163/9789004422438_014","url":null,"abstract":"Many developing countries do not have adequate scientific capability to benefit from the sustainable development of the ocean or to implement their international legal obligations under the Convention and related instruments. In light of this shortcoming, the chapter seeks to address fundamental questions pertaining to the adoption of new normative obligations in the bbnj Agreement on education and training in marine scientific research (msr), including the codification of gender- sensitive norms. The chapter concludes that the Agreement has the potential to be a game- changer on capacity- building if it results in the following: the establishment of a robust institutional setting for decision- making supported by the proposed clearing- house mechanism; codifies the requirements of undertaking a regular ‘needs assessment’; provides a solid legal plinth for gender equality and the empowerment of women scientists; and most importantly of all establishes a mandatory and sustainable funding stream for capacity- building. Furthermore, the negotiators should bring about transformational change in the law of the sea by addressing these issues directly at the final session of the intergovernmental conference.","PeriodicalId":250865,"journal":{"name":"Marine Biodiversity of Areas beyond National Jurisdiction","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116276480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-11DOI: 10.1163/9789004422438_017
Nong Hong
The new geo- political landscape of the Arctic today is a significant departure from the great power politics that existed in the region during the Cold War era. Apart from traditional Arctic States, more and more international organizations and non- Arctic states are showing an increased interest in this region. This paper explores the growing interests of the three East Asia States, China, Japan, and South Korea, among a select-ed group of non- Arctic states in the Arctic and examines the nature of their interests and motivations in maintaining their involvement and presence in the region. Promoting cooperation is a common policy of these three Asian stakeholders to participate in Arctic governance. China’s approach to Arctic cooperation is elaborated in details which will be crucial to the country’s relationship with other stakeholders in the years to come.
{"title":"Non-Arctic States’ Role in the High North: Participating in Arctic Governance through Cooperation","authors":"Nong Hong","doi":"10.1163/9789004422438_017","DOIUrl":"https://doi.org/10.1163/9789004422438_017","url":null,"abstract":"The new geo- political landscape of the Arctic today is a significant departure from the great power politics that existed in the region during the Cold War era. Apart from traditional Arctic States, more and more international organizations and non- Arctic states are showing an increased interest in this region. This paper explores the growing interests of the three East Asia States, China, Japan, and South Korea, among a select-ed group of non- Arctic states in the Arctic and examines the nature of their interests and motivations in maintaining their involvement and presence in the region. Promoting cooperation is a common policy of these three Asian stakeholders to participate in Arctic governance. China’s approach to Arctic cooperation is elaborated in details which will be crucial to the country’s relationship with other stakeholders in the years to come.","PeriodicalId":250865,"journal":{"name":"Marine Biodiversity of Areas beyond National Jurisdiction","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127529968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-11DOI: 10.1163/9789004422438_006
Lisa Eurén Höglund
The negotiations on Area- based management tools and Marine Protected Areas (mpa s) are well advanced. There are several points most positions have in common, such as consultations before a decision on a new mpa, and why the strict division between the “global approach” and the “regional approach” may be misleading. This paper is based on a presentation that was presented shortly after the second substantive session of negotiations. States were anxiously waiting for the President of the conference, Ambassador Rena Lee, to publish the next document to guide the negotiations. The aim of the presentation was to illustrate the status of the negotiations on the topic “Area- based management tools, including marine protected areas”, by providing some examples of the different ideas proposed during the negotiations.
{"title":"Area-Based Management Tools, Including Marine Protected Areas—Reflections on the Status of Negotiations","authors":"Lisa Eurén Höglund","doi":"10.1163/9789004422438_006","DOIUrl":"https://doi.org/10.1163/9789004422438_006","url":null,"abstract":"The negotiations on Area- based management tools and Marine Protected Areas (mpa s) are well advanced. There are several points most positions have in common, such as consultations before a decision on a new mpa, and why the strict division between the “global approach” and the “regional approach” may be misleading. This paper is based on a presentation that was presented shortly after the second substantive session of negotiations. States were anxiously waiting for the President of the conference, Ambassador Rena Lee, to publish the next document to guide the negotiations. The aim of the presentation was to illustrate the status of the negotiations on the topic “Area- based management tools, including marine protected areas”, by providing some examples of the different ideas proposed during the negotiations.","PeriodicalId":250865,"journal":{"name":"Marine Biodiversity of Areas beyond National Jurisdiction","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127831901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-11DOI: 10.1163/9789004422438_008
S. Thambisetty
BBNJ negotiating positions on marine genetic resources are best understood in light of a number of hidden (intellectual) property heuristics at play – arising from the diverging relevance of tangibility and place when it comes to genetic resources and the asymmetry in IP norms in multilateral settings. This short paper sets out in outline, the normative implications of these heuristics, and identifies a ‘no harm’ principle that ought to find a place in any new legally binding framework.
{"title":"Biodiversity Beyond National Jurisdiction","authors":"S. Thambisetty","doi":"10.1163/9789004422438_008","DOIUrl":"https://doi.org/10.1163/9789004422438_008","url":null,"abstract":"BBNJ negotiating positions on marine genetic resources are best understood in light of a number of hidden (intellectual) property heuristics at play – arising from the diverging relevance of tangibility and place when it comes to genetic resources and the asymmetry in IP norms in multilateral settings. This short paper sets out in outline, the normative implications of these heuristics, and identifies a ‘no harm’ principle that ought to find a place in any new legally binding framework.","PeriodicalId":250865,"journal":{"name":"Marine Biodiversity of Areas beyond National Jurisdiction","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127561648","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-11DOI: 10.1163/9789004422438_010
Environmental impact assessment (eia) is a critical element in the suite of tools for biodiversity conservation, and its application to activities affecting the marine environment is endorsed in many international law instruments, policy statements by governments and international organisations and the decisions of international tribunals. While governance structures will generally exist to facilitate environmental assessment in marine areas within national jurisdiction closer to the shore, these structures are still developing for marine areas beyond national jurisdiction (abnj). This chapter reviews the existing international law and policy framework for eia in abnj highlighting key gaps in legal and institutional coverage at global, regional and sectoral levels. It explores the complex challenges involved in implementing eia in abnj and the steps that have been taken within particular sectors to develop a more comprehensive and robust legal framework for eia in these extensive areas of the ocean. Finally, it discuss-es the options for incorporating eia provisions in the internationally legally binding instrument for conservation and sustainable use of marine biodiversity in abnj currently being negotiated in the United Nations.
{"title":"Mitigating Human Impacts on Marine Biodiversity Beyond National Jurisdiction","authors":"","doi":"10.1163/9789004422438_010","DOIUrl":"https://doi.org/10.1163/9789004422438_010","url":null,"abstract":"Environmental impact assessment (eia) is a critical element in the suite of tools for biodiversity conservation, and its application to activities affecting the marine environment is endorsed in many international law instruments, policy statements by governments and international organisations and the decisions of international tribunals. While governance structures will generally exist to facilitate environmental assessment in marine areas within national jurisdiction closer to the shore, these structures are still developing for marine areas beyond national jurisdiction (abnj). This chapter reviews the existing international law and policy framework for eia in abnj highlighting key gaps in legal and institutional coverage at global, regional and sectoral levels. It explores the complex challenges involved in implementing eia in abnj and the steps that have been taken within particular sectors to develop a more comprehensive and robust legal framework for eia in these extensive areas of the ocean. Finally, it discuss-es the options for incorporating eia provisions in the internationally legally binding instrument for conservation and sustainable use of marine biodiversity in abnj currently being negotiated in the United Nations.","PeriodicalId":250865,"journal":{"name":"Marine Biodiversity of Areas beyond National Jurisdiction","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134551325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-11DOI: 10.1163/9789004422438_011
K. Scott
This chapter examines the rules relating to marine scientific research as they apply to marine geoengineering taking place in abnj. It will analyse the regime currently evolving under the 1996 London Protocol to the 1972 London (Dumping) Convention, which has been developed to manage ocean fertilization scientific research in the context of the regulation of marine scientific research under the 1982 United Nations Convention on the Law of the Sea (unclos). As the Southern Ocean has been the location for several ocean fertilization experiments to date, the relevant rules under the 1991 Environmental Protocol to the 1959 Antarctic Treaty, particularly environmental impact assessments, will also be assessed. This chapter briefly assesses the relationship between these regimes and the future Agreement under unclos on the conservation and sustainable use of biodiversity and concludes that this Agreement— whatever the outcome of the negotiations— will not operate as a panacea for managing activities in abnj. With respect to geoengineering msr, the potential ‘solution’ to managing its risks lies in supporting and implementing the existing regime.
{"title":"Not an Intractable Challenge","authors":"K. Scott","doi":"10.1163/9789004422438_011","DOIUrl":"https://doi.org/10.1163/9789004422438_011","url":null,"abstract":"This chapter examines the rules relating to marine scientific research as they apply to marine geoengineering taking place in abnj. It will analyse the regime currently evolving under the 1996 London Protocol to the 1972 London (Dumping) Convention, which has been developed to manage ocean fertilization scientific research in the context of the regulation of marine scientific research under the 1982 United Nations Convention on the Law of the Sea (unclos). As the Southern Ocean has been the location for several ocean fertilization experiments to date, the relevant rules under the 1991 Environmental Protocol to the 1959 Antarctic Treaty, particularly environmental impact assessments, will also be assessed. This chapter briefly assesses the relationship between these regimes and the future Agreement under unclos on the conservation and sustainable use of biodiversity and concludes that this Agreement— whatever the outcome of the negotiations— will not operate as a panacea for managing activities in abnj. With respect to geoengineering msr, the potential ‘solution’ to managing its risks lies in supporting and implementing the existing regime.","PeriodicalId":250865,"journal":{"name":"Marine Biodiversity of Areas beyond National Jurisdiction","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129294985","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-11DOI: 10.1163/9789004422438_012
A. H. Hoel
This chapter raises three questions regarding capacity building and technology transfer in marine science. First the main features of the existing global framework for capacity building and technology transfer is discussed before addressing lessons that can be drawn from ongoing programs and experiences and then asking what the implications of the bbnj process are in this respect. It is concluded that a comprehensive framework exists, based on unclos, but that there appears to be scope for improvement when it comes to monitoring and evaluation of the functioning of this framework. Furthermore, a key issue is the Decade of Ocean Science for Sustainable Development which will provide a major opportunity for strengthening capacity building efforts in marine science and technology. Also, as regards the implications of the bbnj for future developments in capacity building, a future agreement would certainly serve to complement and extend the global framework for oceans’ governance.
{"title":"Capacity Building in Marine Science–Added Value of the BBNJ?","authors":"A. H. Hoel","doi":"10.1163/9789004422438_012","DOIUrl":"https://doi.org/10.1163/9789004422438_012","url":null,"abstract":"This chapter raises three questions regarding capacity building and technology transfer in marine science. First the main features of the existing global framework for capacity building and technology transfer is discussed before addressing lessons that can be drawn from ongoing programs and experiences and then asking what the implications of the bbnj process are in this respect. It is concluded that a comprehensive framework exists, based on unclos, but that there appears to be scope for improvement when it comes to monitoring and evaluation of the functioning of this framework. Furthermore, a key issue is the Decade of Ocean Science for Sustainable Development which will provide a major opportunity for strengthening capacity building efforts in marine science and technology. Also, as regards the implications of the bbnj for future developments in capacity building, a future agreement would certainly serve to complement and extend the global framework for oceans’ governance.","PeriodicalId":250865,"journal":{"name":"Marine Biodiversity of Areas beyond National Jurisdiction","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133641952","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-11DOI: 10.1163/9789004422438_007
M. Jaspars, Abbe E. L. Brown
{"title":"Benefit Sharing","authors":"M. Jaspars, Abbe E. L. Brown","doi":"10.1163/9789004422438_007","DOIUrl":"https://doi.org/10.1163/9789004422438_007","url":null,"abstract":"","PeriodicalId":250865,"journal":{"name":"Marine Biodiversity of Areas beyond National Jurisdiction","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127981977","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-11DOI: 10.1163/9789004422438_015
T. McDorman
Since the 1980s the architecture of international ocean governance has rested on the UN Convention on the Law of the Sea (los Convention) and a large number of the regional and global sectoral treaties most of which were contemplated in the los Convention. One of the central challenges in the negotiation of a bbnj Convention is the “architectural fit” of a bbnj Convention with the existing treaty- based law of the sea governance framework. The primary focus of this presentation is on several selected legal relationship issues: the relationship of a bbnj Convention with the los Convention, which has several aspects including the activities by a coastal State in the exercise of its jurisdiction over the resources in the continental shelf beyond 200nm; and the relationships issues that may/ will arise from area- based management measures and existing treaty- based governance bodies such as regional fisheries management organizations (rfmo s) and the various imo Conventions. Here the mantra is that a bbnj Convention will not “undermine” existing instruments and frameworks.
{"title":"A Few Words on the “Cross-Cutting Issue”—The Relationship between a BBNJ Convention and Existing, Relevant Instruments and Frameworks and Relevant Global, Regional and Sectoral Bodies","authors":"T. McDorman","doi":"10.1163/9789004422438_015","DOIUrl":"https://doi.org/10.1163/9789004422438_015","url":null,"abstract":"Since the 1980s the architecture of international ocean governance has rested on the UN Convention on the Law of the Sea (los Convention) and a large number of the regional and global sectoral treaties most of which were contemplated in the los Convention. One of the central challenges in the negotiation of a bbnj Convention is the “architectural fit” of a bbnj Convention with the existing treaty- based law of the sea governance framework. The primary focus of this presentation is on several selected legal relationship issues: the relationship of a bbnj Convention with the los Convention, which has several aspects including the activities by a coastal State in the exercise of its jurisdiction over the resources in the continental shelf beyond 200nm; and the relationships issues that may/ will arise from area- based management measures and existing treaty- based governance bodies such as regional fisheries management organizations (rfmo s) and the various imo Conventions. Here the mantra is that a bbnj Convention will not “undermine” existing instruments and frameworks.","PeriodicalId":250865,"journal":{"name":"Marine Biodiversity of Areas beyond National Jurisdiction","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130012735","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-11DOI: 10.1163/9789004422438_016
{"title":"Biodiversity beyond National Jurisdiction and the Limits of the Commons","authors":"","doi":"10.1163/9789004422438_016","DOIUrl":"https://doi.org/10.1163/9789004422438_016","url":null,"abstract":"","PeriodicalId":250865,"journal":{"name":"Marine Biodiversity of Areas beyond National Jurisdiction","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130358171","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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