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

Abstract

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.

Operationalization of the best available techniques and best environmental practices in deep seabed mining regime: a regulatory perspective

“…For instance, this paper does not seek to engage with terms like BASE and GIP. It also does not discuss the link between BEP and the ecosystem approach or ecosystem-based management (EBM), i.e., there is an increasing recognition of EBM as a concept related to BEP (Guilhon et al, 2021;Christiansen et al, 2022). Nevertheless, this does not mean that the aforementioned issues are not important; on the contrary, they need more discussion.…”

Area-based management tools to protect unique hydrothermal vents from harmful effects from deep-sea mining: A review of ongoing developments

“…The site was also "recognized in the world heritage reports for its potential outstanding universal value in the high seas" (Gollner et al, 2021, p. 9). Yet, a deepseabed mining exploration contract was granted to Poland in 2018 for that area, "based on a recommendation of the ISA's [LTC], which did not specify any particular environmental concerns" (Christiansen et al, 2022, p.…”

“…How, then, could we take advantage of these concurrent developments to strengthen mechanisms in each process, but also connectivity between processes and their spatial management measures (including ABMTs)? A recent study focuses on ways to strengthen "governance integration and the development of a coherent and collaborative interplay between" the BBNJ process and ISA instruments (Christiansen et al, 2022), suggesting that connectivity in governance can be truly operationalized through an ecosystem approach to management (EAM) (Christiansen et al, 2022, p. 2-3). EAM targets natural dynamics and connectivity through a cross-sectoral and longterm vision, the consideration of cumulative impacts and effects, adaptive management, and stakeholder involvement (Long et al, 2015;Christiansen et al, 2022, p. 4).…”

Borderless conservation: Integrating connectivity into high seas conservation efforts for the Salas y Gómez and Nazca ridges

“…Though there is currently no deep seabed mining taking place in ABNJ, several countries and international consortia hold contracts with the International Seabed Authority (ISA) to explore areas within the Pacific, Indian, and Atlantic oceans. It is expected that deep seabed mining will have severe and longlasting impacts on the marine environment, which has prompted several countries and organisations to call for a moratorium on deep seabed mining (Christiansen et al, 2022) While there have been no ISA contracts issued to explore for deep-sea minerals in the Salas y Gomez and Nazca ridges, the occurrence of seabed minerals in this region may attract interest in the future.…”