Implementing high seas biodiversity conservation: global geopolitical considerations

Kaye, Stuart

doi:10.1016/j.marpol.2003.09.001

Cited by 10 publications

(6 citation statements)

References 7 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…134 It has been suggested that the competence of the Authority in relation to activities in the Area places it in a position to take a leading role in the establishment of marine protected areas in areas beyond the limits of national jurisdiction. 135 A central role for the Authority would also facilitate an integrated approach with regard to the management of the Area. 136 Finally, the Authority, following the adoption of the 1994 Agreement, is organized in a way that might make an extension of its mandate acceptable also to developed States.…”

Section: The Work Of the Authority 131mentioning

confidence: 99%

The Regime of the Area: Delineating the Scope of Application of the Common Heritage Principle and Freedom of the High Seas

Elferink

2007

Int J Mar Coast Law

View full text Add to dashboard Cite

Part XI of the United Nations Convention on the Law of the Sea establishes a regime for the Area. The regime of the high seas set out in Part VII of the Convention is also applicable to the Area. Neither Part VII nor Part XI of the Convention exhaustively de fines which ocean uses fall within their scope of application. This article analyzes the relevant provisions of the Convention and comments on recent developments that shed further light on the regime of Part XI in relation to the regime of Part VII. It concludes that Part XI's common heritage principle is relevant for all uses of the Area that concern the exploration and exploitation of the Area, including its living resources. Recent developments reveal continued differences of views on the scope of application and implications of the regime set out in Part XI. The provisions of the Convention on marine scientific research and environmental protection would seem to offer sufficient flexibility to frame more detailed rules that do not require the prior resolution of those differences.

show abstract

Section: The Work Of the Authority 131mentioning

confidence: 99%

The Regime of the Area: Delineating the Scope of Application of the Common Heritage Principle and Freedom of the High Seas

Elferink

2007

Int J Mar Coast Law

View full text Add to dashboard Cite

show abstract

“…One part of the BBNJ literature detects the challenges of compliance and provides recommendations for an effective implementation of the agreement (Ma et al, 2016;Li, 2018;Long, 2019). Authors examine geopolitical considerations surrounding BBNJ (Kaye, 2004), point to the difficulties of conducting EIAs in ABNJ (Ma et al, 2016), and argue that compliance can be achieved through economic incentives . Academic output deals with the economic benefits of MPAs when spillover effects for fisheries spurring selfinterested implementation , as well as the commercial and ecological benefits of MGRs-the "ocean genome" Blasiak et al, 2020).…”

Section: Institutional Arrangementsmentioning

confidence: 99%

“…A small share of the literature mentions access to otherwise restricted areas through MSR in the ATS case (Li, 2018), and the threat of overexploitation of marine biodiversity-including MGRs-through (or in the name of) research (Kaye, 2004). It recommends introducing a "duty of care when collecting MGRs" and restricting access to vulnerable marine ecosystems, such as EBSAs and MPAs (Voigt-Hanssen, 2018), or "standards and criteria for responsible sampling activities, e.g., in form of a code of conduct" (Yu, 2019).…”

Section: Marine Scientific Research For Exploration and Exploitationmentioning

confidence: 99%

The Voice of Science on Marine Biodiversity Negotiations: A Systematic Literature Review

Wysocki

Vadrot

2020

Front. Mar. Sci.

View full text Add to dashboard Cite

Over one hundred governments are currently negotiating a new legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). The new agreement is to address four broad themes: marine genetic resources (MGRs); area-based management tools (ABMTs), including marine protected areas (MPAs); environmental impact assessments (EIAs); and capacity building and the transfer of marine technology (CB&TT). Although a large corpus of scientific BBNJ literature exists, a comprehensive overview and critical analysis of the academic debate is currently missing. This systematic review seeks to fill this gap by examining the main priority topics and recommendations in a sample of 140 multidisciplinary, geographically diverse publications. As an up-to-date summary and analysis, it is intended for researchers from diverse academic disciplines in the natural and social sciences, policy-makers, and practitioners. It untangles the complex BBNJ negotiations, highlights the policy relevance of existing work, and facilitates links between science, policy, and practice. It presents recommendations made in the literature sample for each of the four package elements of the future treaty and identifies four overarching themes: ocean connectivity, institutional design, the role of science, and digital technology. This paper identifies two important gaps that need to be addressed if we are to conserve marine biodiversity in international waters: the science-policy interfaces and the need for transformative change.

show abstract

“…17 It has been suggested that the competence of the Authority in relation to activities in the Area allows it to take a leading role in the establishment of MPAs in ABNJ. 18 Another argument is that a central role for the Authority would also facilitate an integrated approach in respect of the management of the Area. 19 The fact that the Authority is primarily intended to regulate mineral resource activities in the Area may make it less wellplaced to address environmental concerns than, for instance, the Convention on Biological Diversity (CBD) 20 or regional treaties on the protection of the marine environment.…”

Section: The Global Legal Framework For Abnjmentioning

confidence: 99%

Marine protected areas in areas beyond national jurisdiction <br>The pioneering efforts under the OSPAR Convention

Molenaar¹,

Elferink²

2009

ULR

View full text Add to dashboard Cite

show abstract

Implementing high seas biodiversity conservation: global geopolitical considerations

Cited by 10 publications

References 7 publications

The Regime of the Area: Delineating the Scope of Application of the Common Heritage Principle and Freedom of the High Seas

The Regime of the Area: Delineating the Scope of Application of the Common Heritage Principle and Freedom of the High Seas

The Voice of Science on Marine Biodiversity Negotiations: A Systematic Literature Review

Marine protected areas in areas beyond national jurisdiction <br>The pioneering efforts under the OSPAR Convention

Contact Info

Product

Resources

About