Marine Biodiversity Beyond National Jurisdiction

Abstract

Areas beyond national jurisdiction (ABNJ), which include both the high seas and the seabed area beyond the external limit of the continental shelf, cover more than half of our planet’s surface. They contain a wealth of living resources and play a crucial role in many earth processes, making their protection necessary for the current and future generations. However, the current regulatory framework has proven insufficient to address the many threats that endanger ABNJ. This chapter will present the current legal framework purporting to protect marine biodiversity in ABNJ and will assess its actual reach. It will then briefly discuss the current, ongoing negotiations at the United Nations, aimed at the adoption of a legally binding instrument to protect ABNJ, and will conclude with some thoughts on the role and limits of ABNJ protection through international law instruments.