The Common Heritage of Mankind and the Proposed Treaty on Biodiversity in Areas beyond National Jurisdiction: The Choice between Pragmatism and Sustainability

Tladi, Dire

doi:10.1093/yiel/yvv060

Cited by 19 publications

(7 citation statements)

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“…We found that between 1988 and 2017, one company based in Germany has registered about 39% of all known marine genetic resources, while three Asia-based companies control 30% of the market share of seafood sector in 2018 (see Supplementary material) raising questions about the principle of common heritage of mankind to marine genetic resources. To paraphrase Arvid Pardo's, man's penetration of the deep ocean could be a unique opportunity to lay solid foundations for a share future prosperity for all (Tladi, 2014). In addition, as developing nations and small island developing states face legal and technical capacity restrictions and have been marginalized in some international negotiations (Blasiak et al, 2016(Blasiak et al, , 2017, raising concerns about equity in the setting of negotiations is important to increasing ocean equity.…”

Section: International and National-level Legal And Regulatory Actionsmentioning

confidence: 99%

Diversity, equity, and inclusion in the Blue Economy: Why they matter and how do we achieve them?

et al. 2023

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The Blue Economy (BE) has captured the attention of diverse interests to the ocean and there is rising concern about making it more equitable and inclusive. As it currently stands, diversity, social equity, and inclusion considerations have not been foregrounded in the discourse surrounding the BE and are continuously overlooked and undervalued. This paper reviews the ongoing social inequalities in the BE and distribution of benefits and costs across different groups in society. It also explores why equity matters, and how it can be achieved. Mirroring the call for under-represented or marginalized social groups to receive a fair share of the returns, which may be more than they have received to date. Our analysis shows that between 1988 and 2017, a Germany–based company has registered about 39% of all known marine genetic resources, while three companies in Asia control 30% of the market share of seafood sector in 2018. These findings show high consolidation of the ocean space by top corporations. Therefore, this paper argues that the exclusion of equity considerations within the BE investments can undermine ocean-based activities such as marine wildlife conservation initiatives that may disrupt the ocean sustainability agenda.

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Section: International and National-level Legal And Regulatory Actionsmentioning

confidence: 99%

Diversity, equity, and inclusion in the Blue Economy: Why they matter and how do we achieve them?

et al. 2023

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“…In relation to ocean governance, all of these options are possible. The principle of the common heritage of mankind, which has been described as a norm that combines the intragenerational with the intergenerational dimensions of equity (Tladi 2015), is the principle most synonymous with equity under UNCLOS. Through the application of Part XI of UNCLOS, this principle requires that activities in the deep seabed (the 'Area') 'be carried out for the benefit of mankind as a whole, irrespective of the geographical location of the States, whether coastal or landlocked'.…”

Section: Intragenerational Equity: Promoting Economic Equitymentioning

confidence: 99%

Towards Ocean Equity

Lubchenco

Haugan

2023

The Blue Compendium

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The blue economy is being promoted as capable of achieving sustainability and prosperity, fair use of the ocean and the UN Sustainable Development Goals (SDGs). Ensuring a more equitable distribution of goods and services provided by the ocean represents a major challenge. There is overwhelming evidence that current access to ocean benefits and resources, as well as exposure to harms, is distributed inequitably. This results in negative effects on the environment and human health, loss of livelihoods, limited financial opportunities for vulnerable groups and challenges to nutritional and food security. Powerful interests (including states, communities and economic entities) benefit from existing arrangements. Challenging inequality represents a direct threat to such interests. Inequality is increasingly influencing economic development and political stability. Current and recent examples of social unrest are closely associated with concerns about inequality, climate change, corruption and related societal problems perceived as having an unfair impact. Increased scientific attention to inequality is starting to shape debates associated with the ocean. We argue that there is a general policy blindness to instruments and practices that maintain the unfair status quo, but that there are remedies to such blindness. The purpose of this Blue Paper is to explore ocean inequities and suggest approaches for the just inclusion of diverse actors in the blue economy agenda and the equitable distribution of ocean benefits. First, we define inequity terms and their drivers, as well as how they affect sustainability. Second, we explore policies and practices that have (or have not) worked in favour of equity, while also promoting ecological sustainability. Finally, we provide opportunities for action for policymakers, funding and research institutions, international and non-governmental organisations, business leadership as well as civil society to address systemic aspects of inequities along a spectrum of ambitions, from basic to transformative. These opportunities for action are not intended as alternatives. They constitute complementary and reinforcing action to support and inform pathways to a sustainable and just ocean economy.

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“…In this line, 'environmental stewardship' should be another key principle to be applied throughout the proposed BBNJ Instrument to help implement a sustainable management of the natural environment, which is precautionary, integrated, and complementary, balancing different rights and interests, through the shared responsibility of present generations to maintain and improve the environmental status for future generations 36 (Ridings, 2018). This would complement the intergenerational equity and preservation norms of common heritage of mankind (Tladi, 2015a).…”

Section: Strengthening the Bbnj Instrument In Line With Eammentioning

confidence: 99%

Towards an Ecosystem Approach to Management in Areas Beyond National Jurisdiction: REMPs for Deep Seabed Mining and the Proposed BBNJ Instrument

et al. 2022

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The ocean plays a key role in sustaining life on our planet and is inextricably linked to biodiversity, climate, human well-being, and health. However, the governance of the ocean is primarily pursued through sectoral-based legal and institutional frameworks that falls short in ensuring the long-term protection of the marine environment and the sustainability of marine resources. This is especially concerning in areas beyond the limits of national jurisdiction (ABNJ) where human activities continue to expand. The existence of two distinct regimes in ABNJ, namely the High Seas (applicable to the water column, which is a global common) and the Area (applicable to the international seabed and its mineral resources, which are the common heritage of mankind), that have been largely regulated separately, impede the development and implementation of integrated marine environmental governance and biodiversity conservation in ABNJ. On the one hand, the International Seabed Authority (ISA), which is mandated to administer the mineral resources of the Area, is currently discussing a set of regulations to enable future exploitation activities. On the other hand, multilateral negotiations are taking place for the development of an internationally legally binding instrument for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (referred to as the proposed ‘BBNJ’ Instrument). Both processes offer a unique opportunity to foster an ecosystem approach to management (EAM) in ABNJ. In this article, we elaborate on options for stronger governance integration and the development of a coherent and collaborative interplay between these two processes. To this end, we explore the potential of Regional Environmental Management Plans (REMPs) established by the ISA as a case study to contribute to global biodiversity conservation, and the opportunity for the proposed BBNJ Instrument to promote overarching coherence to biodiversity conservation in ABNJ, premised on EAM. We conclude that the proposed BBNJ Instrument could have a pivotal role to streamline multilateral action for the conservation of biodiversity in ABNJ by adopting an ambitious, overarching environmental vision and strategic goals, accompanied by strong implementation and enforcement mechanisms.

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The Common Heritage of Mankind and the Proposed Treaty on Biodiversity in Areas beyond National Jurisdiction: The Choice between Pragmatism and Sustainability

Cited by 19 publications

References 0 publications

Diversity, equity, and inclusion in the Blue Economy: Why they matter and how do we achieve them?

Diversity, equity, and inclusion in the Blue Economy: Why they matter and how do we achieve them?

Towards Ocean Equity

Towards an Ecosystem Approach to Management in Areas Beyond National Jurisdiction: REMPs for Deep Seabed Mining and the Proposed BBNJ Instrument

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