The Negotiations for a New Implementing Agreement Under the Un Convention on the Law of the Sea Concerning Marine Biodiversity

Papastavridis, Efthymios

doi:10.1017/s0020589320000202

Cited by 11 publications

(4 citation statements)

References 5 publications

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“…In the light of these normative gaps and of the environmental concerns voiced by the society, the international community questioned the capacity of the existing legal and institutional frameworks to adequately protect ABNJ and to conserve their biodiversity. This marked the beginning of long debates in various international fora, and particularly at the United Nations (Papastavridis, 2020).…”

Section: Legal Gaps In the Protection And Conservation Of The Marine ...mentioning

confidence: 99%

Overlapping and fragmentation in the protection and conservation of the marine environment in areas beyond national jurisdiction

2023

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Marine areas beyond national jurisdiction (ABNJ) are under the growing threat of cumulative anthropogenic impacts including fishing, shipping, energy extraction, certain forms of marine scientific research, and the imminent deep seabed mining that prefigure a critical scenario in terms of biodiversity loss and environmental degradation. This article offers a contribution to the discussion on the best approaches to effectively implement environmental protection and conservation in ABNJ, also in the light of ongoing intergovernmental negotiations on the conclusion of an agreement implementing the United Nations Convention on the Law of the Sea on the conservation and sustainable use of biological diversity in ABNJ. The paper first analyzes the current legal gaps in the protection and conservation of ABNJ and the tools developed by some regional and universal regimes to preserve vulnerable marine ecosystems. It then presents two case studies, relating to hydrothermal vent fields of the Mid Atlantic Ridge (Lost City) and the South-West Indian Ridge (Longqi field) to discuss the fragmentation of the legal regimes applicable to ABNJ as well as the difficult cooperation among the regional, global and sectoral frameworks involved in their governance. The case studies show that a coordination mechanism, based on mutual recognition of the protection and conservation measures taken by each competent organization in a specific field, is of utmost urgency. Only a more structured system of cooperation among States and international organizations, that the new implementation agreement will hopefully develop, will allow for the identification of the most appropriate tools for the protection of a given marine area from the cumulative impacts of human activities.

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Section: Legal Gaps In the Protection And Conservation Of The Marine ...mentioning

confidence: 99%

Overlapping and fragmentation in the protection and conservation of the marine environment in areas beyond national jurisdiction

2023

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“…Moreover, regional bodies will be required to increase cooperation with regard to implementing EBM, with such instruments as a designation of marine protected areas, etc. (Papastavridis, 2020).…”

Section: Increased Involvement In Ecosystem-based Management Policies...mentioning

confidence: 99%

Can China change the Arctic regime?

Kobzeva,

Todorov

2023

Polar Record

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China’s role in the Arctic regime remains a debatable topic in the expert discourse on the High North. Currently, in view of the aggravated conflicts in other regions that include Russia as the largest Arctic state, and China as its strategic partner, the Arctic regimes are experiencing salient disturbances. Against this backdrop, an understanding of China’s opportunities to affect Arctic affairs is urgently needed. We address this issue by combining political and legal analyses. We used the regime theory approach to outline the Arctic regime complex (ARC), and through this lens, we discuss the recent changes that are being observed. Based on this, we determine China’s actual potential for making amendments to the ARC. We conclude that China has no capacity to make a crucial shift in the ARC, but it is still able to alter particular rules, like those related to Arctic Ocean management and scientific cooperation. The further efficient operation of the Arctic Council will play a decisive role in envisaging China’s behaviour in the region.

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“…Furthermore, research discusses overarching themes such as convergence and divergence in the negotiations (Humphries and Harden-Davies, 2020;Wang and Chang, 2020), ocean resilience to climate change and other human activities (Yadav and Gjerde, 2020), science-policy interfaces (Gaebel et al, 2020), the interplay between institutional frameworks (Balton, 2019;Clark, 2020;Gardiner, 2020;Haas et al, 2020a;Nickels, 2020;Papastavridis, 2020), dispute prevention and settlement (Payne, 2020;Shi, 2020), pathways for strengthening monitoring, control and surveillance in ABNJ (Cremers et al, 2020), the relevance of traditional knowledge (Mulalap et al, 2020) and first ideas to grant non-state actors rights to represent the interests of humanity (Payne, 2020) and nature rights on its own on the global scale (Harden- when governing the global commons.…”

Section: Bbnj Outlookmentioning

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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The Negotiations for a New Implementing Agreement Under the Un Convention on the Law of the Sea Concerning Marine Biodiversity

Cited by 11 publications

References 5 publications

Overlapping and fragmentation in the protection and conservation of the marine environment in areas beyond national jurisdiction

Overlapping and fragmentation in the protection and conservation of the marine environment in areas beyond national jurisdiction

Can China change the Arctic regime?

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

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