Marine Protected Areas in Areas beyond National Jurisdiction

Drankier, Petra

doi:10.1163/157180812x637975

Cited by 10 publications

(4 citation statements)

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“…This reflects the application of the BBNJ Agreement's the nonprejudice clause in the ABMTs regime. Besides, if an ABMT under the BBNJ Agreement is currently declared by a State or an international organization, it applies only to States that have agreed to establish the ABMT, and non-parties can disregard the measures taken in the ABMT (Petra, 2012). Under the article 25 of the BBNJ Agreement, non-parties that are entitled to become Parties will be encouraged by contracting parties to adopt measures supporting the decisions and recommendations of the COPs on ABMTs.…”

Section: International Cooperation and Coordinationmentioning

confidence: 99%

The area-based management tools coordination between IMO and BBNJ agreement regimes and its implications on vessel pollution control

Wang,

Zhang

2024

Front. Mar. Sci.

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The International Maritime Organization (IMO), as a specialized agency of the United Nations responsible for the safety and security of international shipping and the prevention of pollution from ships, has applied two main area-based management tools (ABMTs): the “Special Areas” established under the MARPOL 73/78; and the “Particularly Sensitive Sea Areas” (PSSAs) established under the IMO resolutions. The new Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ agreement) stipulates the establishment of a comprehensive system of ABMTs to conserve and sustainably use areas beyond national jurisdiction. Strengthening coordination in the use of ABMTs established by the IMO and the BBNJ Agreement is important for vessel pollution control in the high seas. The IMO is a stakeholder for relevant proposals and consultations on proposals regarding the establishment of ABMTs in the BBNJ Agreements, and can provide information on the implementation of them. The Conference of the Parties (COPs) to the BBNJ Agreement can also make recommendations to the IMO and its parties to promote the adoption of special areas and PSSAs. This article respectively elaborates on the practices and effect of ABMTs of the IMO and explores the relevant rules of the BBNJ agreement and their enforcement. Then this article discusses the possible approaches for the ABMTs coordination between the IMO and the BBNJ agreement regimes and their implications on vessel pollution Control in the high seas. Overall, relevant rules of the BBNJ agreement shall be interpreted and applied in a manner that does not undermine relevant legal instruments of the IMO. Meanwhile, it is necessary to promote cooperation and coordination between the COPs to the BBNJ Agreement and the IMO under the idea of conserving ecosystem integrity, gradually forming a normal cooperation and information exchange mechanism.

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Section: International Cooperation and Coordinationmentioning

confidence: 99%

The area-based management tools coordination between IMO and BBNJ agreement regimes and its implications on vessel pollution control

Wang,

Zhang

2024

Front. Mar. Sci.

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“…Even after the discovery of the hydrothermal vent communities in 1977, the huge economic potential of MGRs in ABNJ did not attract the general attention of the international community [13]. The international community's focus on developing resources in the Area is on mineral resources [5]. In response to the practical needs, Part VII of UNCLOS has set up a regime of conservation and management of high seas living resources for fishery resources.…”

Section: Historical Interpretationmentioning

confidence: 99%

“…Therefore, to ensure fairness, stability and predictability of MGRs allocation in ABNJ, it is necessary to establish the new regimes relative to the law of the sea. The premise of establishing the new regimes is to reasonably define the legal status of MGRs in ABNJ [5]. The core issue in negotiating the ILBI is to choose the position to define the legal status of MGRs in ABNJ and then establish the legal regimes regarding access to and benefit-sharing of MGRs in ABNJ.…”

Section: Introductionmentioning

confidence: 99%

On the Legal Status of Marine Genetic Resources in Areas beyond National Jurisdiction

Wang

2021

Sustainability

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The question of how to define the legal status of marine genetic resources (hereinafter MGRs) in areas beyond national jurisdiction (hereinafter ABNJ) is one of the important issues in the negotiation of the International Legally Binding Instrument under United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biodiversity of Areas beyond National Jurisdiction. According to the theory of the order and justice value of the law, in combining the experiences of the international community in handling global ocean problems and characteristics of MGRs in ABNJ, it can be said that MGRs in ABNJ have the legal attribute of being the common heritage of mankind (hereinafter CHM). From the perspective of the principle of CHM, in applying the subject, object and content elements of legal relations as the research approach, the legal status of MGRs in ABNJ should be defined as follows: Firstly, an international management body should be established and the scope of actual resource developers should be defined in terms of subject elements. Secondly, the temporal scope, geographical scope and material scope of MGRs in ABNJ should be clarified in terms of object elements. Thirdly, the disposition of rights and obligations in the process of development and utilization of MGRs in ABNJ should be defined in terms of content elements.

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“…Currently, however, there is no official global body in charge of the identification and management of area-based management tools on the High Seas (Van Dover et al, 2016;Becker-Weinberg, 2017;De Santo, 2018;Elferink, 2019). As a result, such conservation and sustainable use measures are currently implemented within a fragmented framework by regional and sectoral organizations with different management competences (See Figure 1) (Drankier, 2012;Durussel et al, 2017). At the regional level, regional fisheries organizations (RFMOs) can manage fishing in spatial and/or temporary closure areas, for instance by protecting vulnerable marine ecosystems (VMEs) (Durussel et al, 2017;De Santo, 2018).…”

Section: An Ocean In Need Of Protection: Area-based Management Toolsmentioning

confidence: 99%

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

Wysocki

Vadrot

2020

Front. Mar. Sci.

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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.

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Marine Protected Areas in Areas beyond National Jurisdiction

Cited by 10 publications

References 0 publications

The area-based management tools coordination between IMO and BBNJ agreement regimes and its implications on vessel pollution control

The area-based management tools coordination between IMO and BBNJ agreement regimes and its implications on vessel pollution control

On the Legal Status of Marine Genetic Resources in Areas beyond National Jurisdiction

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

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