Arctic Ocean governance in light of an of an international legally binding instrument on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction

Prip, Christian

doi:10.1016/j.marpol.2019.103768

Cited by 15 publications

(14 citation statements)

References 8 publications

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“…International law plays a special role in correlation with environmental law to regulate social relations in the development of the Arctic territories. The analysis of international documents made it possible to reveal the following mechanisms of implementation and harmonization: international cooperation [13], modern methods of using Arctic resources, the establishment of special economic regimes, environmental protection and a number of others [14]. The norms of administrative law ensure the formation of a special administrative regime of management in the Arctic zone, which takes into account the uniqueness of the natural system of the Arctic [15].…”

Section: Discussionmentioning

confidence: 99%

Correlation of branches of law in environmental and legal support of the development of the Arctic region

et al. 2021

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The purpose of the study is to analyze individual independent branches of law included in environmental law and their variability in determining special approaches to the development of the Arctic in modern geopolitical conditions. The methodological basis of the research includes the general scientific method and special methods of cognition, such as comparative legal, environmental legal, statistical and empirical. The results of the study are the conclusions from the analysis of the main program and legal documents regulating the development and development of the territories of the Arctic states. Moreover, the attempts to create an adequate system of convergence of national and international legal regulation in order to determine the modern legal regime of the Arctic are discussed herein. The study of international and domestic experience has shown the need for a correlation of individual branches of law (international, administrative, criminal, informational) with the environmental law to provide comprehensive environmental and legal support for the development of the Arctic region. The authors also draw attention to the fact that environmental and legal problems of the development of the Arctic region require a systematic approach. The novelty of the study lies in the conclusion that, despite the fact that each state of the Arctic region has a national strategy for the development of its Arctic territory, on most topical issues these strategies are of a similar nature and have common approaches: scientifically based methods of managing the natural resources of the Arctic region; special methods of socio-economic development; preservation of vulnerable Arctic ecological systems and scientific activities in the field of climate change.

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Section: Discussionmentioning

confidence: 99%

Correlation of branches of law in environmental and legal support of the development of the Arctic region

et al. 2021

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“…These shortcomings largely mirror those of other marine regions around the world, and thereby justify key rationales for having a global instrument on BBNJ: to fill gaps, to provide a global mechanism for coordinating existing bodies and treaties across geographic areas and sectors, and to provide common environmental standards without hindering more ambitious ones. 66 The EBSA descriptions of the Central Arctic Ocean may have dual functions in terms of possible future protection of the Ocean: First they may provide a strong scientific argument overall for decision-makers to develop an ecosystem-based protection regime for the Central Arctic Ocean. If so decided, the EBSA descriptions could serve as scientific justification for the specification of the most adequate protective measures.…”

Section: The Possible Role Of Ebsas In a Coming Bbnj Implementing Agr...mentioning

confidence: 99%

Identifying and Describing Ecologically or Biologically Significant Marine Areas (EBSAs): A Key Tool for the Protection of Ocean Biodiversity in Dispute

Prip

2022

Arctic Review

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The distribution of legal authority to protect biodiversity in marine areas beyond national jurisdiction (ABNJ) between the Convention on Biological Diversity (CBD) and the UN Law of the Sea Convention (LOSC) has been a contentious issue. In practice, main responsibility has been allocated to LOSC, under which a new implementing agreement on conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ) is currently being negotiated. CBD was allocated responsibility for providing scientific information and advice on marine biodiversity, which has resulted in the identification and description of 321 Ecologically or Biologically Significant Marine Areas (EBSAs) worldwide, within and beyond national jurisdiction. These could provide important scientific backing for a coming BBNJ instrument under LOSC, especially as regards the designation of marine protected areas and the conduct of environmental impact assessments in ABNJ. However, the process of modifying EBSAs and identifying new ones has recently been challenged by the CBD Conference of the Parties, harking back to previous disputes over the legal mandate and thereby threatening the entire mechanism that has been established. In the context of international environmental law and law of the sea, this article discusses the potential importance of EBSAs for the expected BBNJ instrument, using the Central Arctic Ocean EBSA as an example. Responsible Editor: Øyvind Ravna, Faculty of Law, UiT The Arctic University of Norway

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“…Thus, it could be argued that the fragmentation in IEL for ocean governance was manageable by the states at that time to avoid mitigation and pollution control regulations. As the global environmental and ocean governance negotiations were conducted during the development of the new world order, there were conflicting interests among the states regarding oceans and their resources [50]. Moreover, the influential states and even the developing and vulnerable states were not recognising the severity of the marine environmental issues.…”

Section: Early Decades Of Environmental Diplomacy and Its Impacts On Global Ocean Governancementioning

confidence: 99%

Preserving Community’s Environmental Interests in a Meta-Ocean Governance Framework towards Sustainable Development Goal 14: A Mechanism of Promoting Coordination between Institutions Responsible for Curbing Marine Pollution

Zulfiqar

Butt

2021

Sustainability

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The United Nations has recently recognised the global community’s environmental interests in ocean governance through the Sustainable Development Goal 14. The marine environmental protection targets stand in need of rejuvenating international environmental law, which fosters interconnection between oceans, climate, and terrestrial ecosystems. The existing literature on this aspect of ocean governance, however, is segregated and lacks an ecosystem-based approach. Therefore, a comprehensive review of the literature on ocean governance with an ecosystem-based approach becomes essential and is conducted through this research. This research has proposed that ocean governance programmes and plans need to be re-arranged under established legal frameworks at national and regional levels. Such a challenge can be addressed by taking the elements of governance provided by the list of targets of sustainable development goals. This research has facilitated the given hypothesis via a meta-ocean-governance framework that incorporates a deliberate regional monitoring system, intergovernmental review, capacity building techniques, national action through strong institutions, scientific decision making, and policy coherence. The idea is to fit the conceptualisation of ocean governance under international environmental law in the existing initiatives within a box of institutions to coordinate and encourage an ecosystem-based approach.

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Arctic Ocean governance in light of an of an international legally binding instrument on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction

Cited by 15 publications

References 8 publications

Correlation of branches of law in environmental and legal support of the development of the Arctic region

Correlation of branches of law in environmental and legal support of the development of the Arctic region

Identifying and Describing Ecologically or Biologically Significant Marine Areas (EBSAs): A Key Tool for the Protection of Ocean Biodiversity in Dispute

Preserving Community’s Environmental Interests in a Meta-Ocean Governance Framework towards Sustainable Development Goal 14: A Mechanism of Promoting Coordination between Institutions Responsible for Curbing Marine Pollution

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