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1.
《Marine Policy》2016
Marine scientific research is crucial to forge solutions in the development of a new international legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (ABNJ) under the 1982 United Nations Convention on the Law of the Sea . The transfer of marine technology, capacity development and marine genetic resources are key issues. This paper examines how the Intergovernmental Oceanographic Commission (IOC), as a competent international organisation for marine scientific research and technology transfer, can inform the development of the instrument. Synergies between marine technology transfer and non-monetary benefit sharing of genetic resources are illustrated. Four key lessons from the IOC are examined: 1. Coordinating international cooperation in marine scientific research; 2. Enabling open access to data and knowledge; 3. Facilitating capacity development through scientific training and education; and 4. Governance of marine scientific research. Realising the potential of the IOC to advance governance solutions for ABNJ will depend on increased political will from Member States and strengthened partnerships to reduce resource constraints and enhance the IOC's capacity at global and regional scales. 相似文献
2.
《Marine Policy》2016
The conservation of marine biological diversity has been identified as a crucial issue in need of legal regulation. The UNCLOS does not sufficiently address all issues relevant to viably conserve biological diversity. Legal developments concerning marine genetic resources, area-based management tools such as marine protected areas, environmental impact assessment and capacity building are being discussed as elements of a new implementing agreement. In particular, more precise legal rules concerning marine protected areas beyond national jurisdiction are needed to supplement the frame left by UNCLOS. As concerns the issue of access to genetic resources and the sharing of benefits the UNCLOS regime has gaps because the relevant activities had not been foreseen at the time of the convention's adoption. Divergent views exist as to whether the concept of the common heritage of mankind should be extended to genetic resources. 相似文献
3.
《Marine Policy》2014
Marine genetic resources are a subject of a growing body of research and development activities, as demonstrated by the abundance of marine patented genes reported in GenBank. Given the lack of a comprehensive legal regime for the management of marine genetic resources in areas beyond national jurisdiction, the General Assembly of the United Nations met in 2006 to discuss whether there are regulatory or governance gaps and how to address them. Besides the crystallization of the different political positions, the process is now advancing towards making a decision about whether to develop an international instrument under the United Nations Convention on the Law of the Sea (UNCLOS) for the conservation and sustainable use of marine biological diversity, within which the regulation of access to genetic resources and the sharing of benefits from their utilization has emerged as an in-dissociable issue. In order to propose concrete options to be considered for the establishment of a legal framework addressing these issues, policy-makers need to better understand the feasibility, the costs and the modalities of scientific activities undertaken, together with the actual level of commercialization of new products. They also need to be aware of the already advanced practices in place within the scientific community, especially regarding sharing of non-monetary benefits. This paper particularly highlights and discusses practical scenarios to advance in the international process, based on the approaches adopted in other regional and international regimes for the management of genetic resources and on the best practices developed within the scientific community. 相似文献
4.
保护地球生物资源的国际性公约——《生物多样性公约》对遗传资源作出指引性的规定。海洋遗传资源作为其中的一类,可以存在于国家管辖范围外水体及海床、底土。处于不同空间位置的海洋遗传资源如果适用不同的法律制度,需要明确水体、海床与底土界线划分。从《联合国海洋法公约》、《生物多样性公约》、《名古屋议定书》和《波恩准则》关于海洋遗传资源的规定来看,现行国际法框架下针对此问题可以有多种方案,且部分规定存在非适用性的问题。面对未来,需要从海洋遗传资源界定、惠益分享方式等方面设计具体制度,确保国家管辖范围外海洋遗传资源为全人类共享。 相似文献
5.
《Marine Policy》2014
In 2008, the Convention on Biological Diversity (CBD) adopted seven criteria to identify Ecologically or Biologically Significant Areas (EBSAs) “…in need of protection, in open ocean waters and deep sea habitats”. This paper reviews the history of the development of the “EBSA process”, which was originally driven by the commitment to establish marine protected areas in areas beyond national jurisdiction, but which has since broadened to encompass the possibility of informing marine spatial planning and other activities, both within and beyond national jurisdiction. Additionally, the paper summarizes ongoing efforts through CBD regional workshops to describe EBSAs and the development of the EBSA Repository, where information on these areas is to be stored. The overlap between the EBSA criteria and biodiversity criteria suites used by various authorities in areas beyond national jurisdiction is illustrated. The EBSA process has reached a critical juncture, whereby a large percentage of the global ocean has been considered by the regional workshops, but the procedure by which these areas can be incorporated into formal management structures has not yet been fully developed. Emerging difficulties regarding the mandate to describe, identify, endorse, or adopt EBSAs, are discussed. 相似文献
6.
《Marine Policy》2017
The speed and scale of human impacts on marine species, such as climate change and exploitation for international markets, coupled with a poor regulatory regime and lack of enforcement, make it especially difficult to protect marine species beyond areas of national jurisdiction. Yet as the number of multilateral treaties continues to grow, the declining state of the world's oceans suggest that these treaties are largely failing to fulfill their missions and achieve meaningful protection. Here, an analysis of all multilateral treaties governing activities related to oceans is provided. A range of issues is examined including efficacy, geographic and taxonomic distribution, and other factors that facilitate or inhibit conservation. Since 1882, 103 countries have signed 265 multilateral treaties related to the management of marine resources. The majority of treaties (51%) deal with fisheries, 30% deal with pollution, 4% marine mammals and 15% deal with other topics. In terms of factors that may predict efficacy, 65% of marine treaties have secretariats, 50% have scientific mandates, and 13% have enforcement mechanisms; only 9% have all three. Given the context of the United Nations General Assembly's new commitment to manage human activity and its impact on common resources on the high seas, it is important to understand the strengths and weaknesses – individually and cumulatively - of existing binding marine agreements. 相似文献
7.
《Marine Policy》2016
A decade of international discussion on marine biological diversity beyond areas of national jurisdiction (BBNJ) culminated in 2015 with a United Nations General Assembly Resolution to establish an international legally-binding instrument on the conservation and sustainable use of BBNJ. Proponents of the new instrument therefore consider it as an opportunity to eliminate gaps in the current legal regime and promote better coordination. As the next step in the negotiations begins, substantial lessons can be drawn from the 1995 UN Fish Stocks Agreement (UNFSA), which has faced many of the same challenges related to gaps in scientific knowledge, uneven governance and regulatory capacities, and inherent unpredictability, both ecologically and in terms of anthropogenic drivers of change. For BBNJ, however, such challenges are far more complex due to the diversity of stakeholder communities and the diversity of resources involved, including fish and mineral resources with tangible economic values, marine genetic resources of unknown value, and the culturally-specific values attached to charismatic species and conservation in general. Drawing on lessons from UNFSA, it is argued that the establishment of marine protected areas (MPAs) under the BBNJ instrument would be particularly well served by a similar regional approach aligned with existing international agreements. In this regard, it is recommended that the capacity building under the new international instrument on BBNJ should focus inter alia on the secretariats of the regional fishery management organizations in order to enhance intra-regional and inter-regional cooperation and sharing of best practices. 相似文献
8.
近年来,各国持续关注国家管辖范围外海洋生物多样性保护和可持续利用国际协定(The Convention on Marine Biodiversity Conservation and Sustainable Utilization beyond Areas of National Jurisdiction,以下简称BBNJ国际协定)谈判问题。文章从BBNJ国际协定谈判发展历程,分析海洋遗传资源惠益分享、区域管理工具、环境影响评价、能力建设和技术转让等重点问题,探讨了制定BBNJ国际协定需要考虑的因素,指出我国应加强海洋事务法律及相关政策的研究,提高我国参与国家管辖外海域治理能力的应对策略。 相似文献
9.
《Marine Policy》2014
For nearly a decade, governments have been discussing the need to improve efforts to conserve and sustainably use marine biodiversity in areas beyond national jurisdiction (ABNJ). Support for a new international agreement under the United Nations Convention on the Law of the Sea (UNCLOS) – an Implementing Agreement – on the conservation and sustainable use of marine biodiversity in ABNJ has been growing. In June 2012, at the United Nations Conference on Sustainable Development held in Rio de Janeiro, Brazil, States agreed to take a decision on the development of an international instrument under UNCLOS before the end of the 69th session of the United Nations General Assembly (UNGA), which runs from September 2014 to August 2015. In follow-up to this commitment, it was agreed to consider the “scope, parameters and feasibility” of this instrument. To inform these international discussions, this article highlights some potential options for the content of a new UNCLOS Implementing Agreement. It first reviews the history of UN discussions, and then elaborates on options to address key elements identified as priorities for States in 2011: marine genetic resources, including the sharing of benefits, area-based management tools, including marine protected areas, environmental impact assessments, capacity-building and the transfer of marine technology. It addresses cross-cutting issues such as the governing principles, institutional structure as well as on other critical points such as High Seas fishing and flag State responsibilities. The article concludes with suggestions on possible next steps in order to succeed in the negotiations for an agreement. 相似文献
10.
《Marine Policy》2014
United Nations discussions on the governance of marine areas beyond national jurisdiction have questioned, but not yet reached a decision, on whether existing institutional agreements and structures are sufficient to meet global commitments to protect marine biodiversity, or if additional mechanisms may be required. This paper considers two very different efforts to protect marine biodiversity in these areas: (1) in the North-East Atlantic through the efforts of OSPAR Convention for the Protection of the Marine Environment of the North-East Atlantic; and (2) in the central Atlantic, through the efforts of the Sargasso Sea Alliance led by the Bermuda government. In each case, action has been strongly supported by non-governmental organisations and subsequent progress has hinged upon on-going dedicated efforts of “champion” governments to bring other States on board. This paper outlines the difficulties that they have faced, and consequently why they have been time-consuming, and are not yet completed. The paper then considers 10 common recommendations that can be drawn from the experiences of these two distinct initiatives, and their relevance to on-going UN deliberations. 相似文献
11.
《Marine Policy》2014
Various international treaty bodies and non-governmental organisations continuously urge States to establish a network of Marine Protected Areas (MPAs) in areas beyond the limits of national jurisdiction (ABNJ). Although this goal is far from being reached, the OSPAR Convention may serve as an example illustrating the efforts made on a regional level for the North-East Atlantic. However, these efforts to effectively protect the marine environment are subject to limitations under the Convention on the Law of the Sea (UNCLOS). Likewise, the OSPAR Convention itself restricts the scope of such protected areas. The OSPAR Convention does not adequately cover all human uses of the oceans that may interfere with a protected area, and it lacks opportunities for internationalised enforcement measures. Consequently, the responsibility for effective conservation measures under the OSPAR model ultimately remains with individual Contracting Parties, i.e. their commitment to set stricter standards and to agree on their enforcement. Nevertheless, ‘soft’ obligations such as reporting duties are suitable for collecting data on the need for protection and utilisation of the MPAs. Additionally, cooperation with regional fisheries management bodies allows for better protection of the living resources in these areas. Finally, OSPAR MPAs can draw attention to particularly vulnerable ecosystems and promote conservation standards and measures such as those developed under the auspices of the FAO. 相似文献
12.
The role of NGOs in negotiating the use of biodiversity in marine areas beyond national jurisdiction
《Marine Policy》2017
In 2004, the UN General Assembly resolved to establish a working group to consider issues pertaining to the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ). The group met nine times between 2006 and 2015 before concluding its mandate by recommending the development of an international legally binding instrument on BBNJ under the United Nations Convention on the Law of the Sea. Based on in-depth interviews with working group participants, this research examines how NGOs contributed to the working group process. Respondents from government delegations highlighted the usefulness of workshops and side events convened by NGOs, and the role of NGOs in bringing experts on technical issues – particularly marine genetic resources and the sharing of benefits – into the BBNJ negotiations. Respondents from both NGOs and government delegations emphasized the importance of fostering personal relationships in order to ensure a steady and constructive information flow. Social media efforts by NGOs were considered by some government representatives to have occasionally hampered open discussion, although they noted that conditions have improved. The lengthy working group process was marked by substantial fluctuation in participation, particularly within government delegations from developing states. Of 1523 individuals who participated in at least one of the working group meetings, only 45 attended more than half of the meetings, and 80% of these were representing NGOs or highly industrialized countries. Respondents felt that this comparatively small number of individuals provided a source of continuity that was crucial for moving the discussions forward. 相似文献
13.
《Marine Policy》2017
Guatemala's rich coastal and marine biodiversity provides essential ecosystem goods and services to local residents and the national economy through artisanal and commercial fisheries, aquaculture, port exports and, to a lesser extent, tourism. As in many other countries, national policies emphasise the significance of marine conservation and marine resources, primarily through implementing marine protected areas (MPAs). However, this assumes that governance, as reflected in legal, institutional and organizational frameworks, political capacity and human resources is sufficiently developed to ensure MPAs meet these goals. These issues are explored through presenting the first detailed analysis of coastal and marine governance in Guatemala. The research highlights a range of barriers to good governance which restrict the extent to which MPAs can function effectively. Recommendations are made which can capitalise upon the potential for locally managed marine areas as a means to facilitate the improved governance of coastal and marine resources in Guatemala. 相似文献
14.
《Marine Policy》2017
The purpose of this paper is to analyse the relationship of the proposed new UNCLOS Implementing Agreement concerning the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction with the current legal framework concerning fisheries. It elaborates on selected elements that are under negotiations, namely: marine genetic resources, area-based management tools, including marine protected areas, as well as environmental impact assessments. Each of those elements is analyzed with particular emphasis being laid on the following issues. Firstly, how the current legal status quo in the relevant area looks like. Secondly, how the question of fisheries could be included in a future treaty and, thirdly, what bearing it could have on the current framework of the management of fisheries.The article concludes with the identification of possible fields where the new treaty could bring added value. However, some possible challenges are mentioned as well. They relate in particular to the fact that the mandate of negotiations underscores that they shall not ‘undermine existing legal instruments and frameworks and relevant global, regional and sectoral bodies’. 相似文献
15.
《Marine Policy》2014
The development of regional initiatives for the protection of the environment is a cornerstone of international environmental policies. With regard to marine and coastal issues, this regionalisation has mainly been taking place through regional seas programmes and Regional Fisheries Management Organisations. Some regional initiatives and organisations have progressively extended their activities to areas beyond national jurisdiction. This paper aims at analysing these recent developments, highlighting their interests and challenges, and proposing options to strengthen the efficiency of regional actions in these areas. It also highlights the need to consider the global discussions on a possible new global agreement and the development of regional actions as two interconnected processes. 相似文献
16.
17.
《Marine Policy》2015
Catch data indicates that the world’s 25 largest marine capture fisheries have generally comprised some 40–50% of the total annual reported catch (1950–2012). From a game theory perspective, there is considerable diversity across these 25 fisheries, both in terms of the number of players and the management paradigms. Here, a dominance-oriented classification system is proposed, according to which fisheries are categorized into: (1) hegemonic systems with single-player dominance; (2) coupled systems with two-player dominance; (3) group systems with shared dominance; (4) systems with no dominant player. Among these categories, the fourth represents perhaps the greatest challenge to sustainable management, while also demonstrating the challenges of managing common pool marine ecosystem services in areas beyond national jurisdiction (ABNJ). The survey and analysis highlights how hegemonic conditions tend to preclude the establishment of cooperative agreements irrespective of the number of players involved in the fishery. Shifts in dominance away from hegemony, as demonstrated most recently in the case of the highly migratory Pacific Saury, can open the door to greater cooperation. Movement of fish stocks and displacement of fishing activities, due for example to climate change, have the capacity to cause major shifts in dominance and, in some cases, destabilize existing cooperative mechanisms. 相似文献
18.
海洋倾废是海洋空间资源环境效益的重要体现,对其进行科学有效的管理,是保护海洋环境及海洋资源的一项重要内容和主要任务。文章对我国海洋倾倒区分布及使用现状进行了分析,对目前海洋倾倒区使用与监管中存在的海洋空间资源利用不合理、倾倒区空间布局与已有区划冲突、部分省、市倾倒需求得不到满足、倾废记录仪利用效率不高、倾倒执法监察与监管效率低下等问题进行了研究,并在此基础上提出海洋倾倒管理应加强法制化管理;科学合理地规划、设置和使用海洋倾倒区;加强对海洋倾倒区审批后的监视监控;加快构建海洋倾废综合管理信息平台等对策建议。 相似文献
19.
Chris G. Brown 《Ocean Science Journal》2018,53(2):287-300
An industry to recover mineral resources on the abyssal plains is emerging. Albeit at an explorative stage in areas beyond national jurisdiction, the commercial mining of seafloor non-living resources containing strategic metals is a realistic proposition, spurred by the demand for renewable, low-carbon energy infrastructure. The achievement of worldwide techno-economic growth must, under the principle of sustainable development, be coupled with the protection of the marine environment and its natural resources. Overall, this presents not only challenges to the development of mining technologies, but also tests the resilience of international standards governing the regulation of mining activities at great depths, including the development of the highest standards of environmental protection ab inito. This paper explores the approach being taken by the International Seabed Authority in advancing the legal regime for the regulation of mining activities in the Area, and in particular the tools and mechanisms targeted toward the protection of the marine environment. 相似文献
20.
美国海洋保护区国家管理体系及其对我国的启示 总被引：1，自引：0，他引：1
从美国海洋保护区的立法基础、管理机构和职能分工、纳入国家管理体系的资质要求和流程等方面探析美国海洋保护区的国家管理体系。结合我国海洋保护区管理工作中存在的问题,提出完善我国海洋保护区的法律法规、建立健全海洋保护区综合管理网络体系、完善海洋保护区监督协调机制等对策建议,以期进一步提升我国海洋保护区管理的系统性和规范性,完善我国海洋保护区的管理体系,从而更好地保护我国的海洋生态,实现海洋资源的更有效利用,推进我国海洋生态文明建设的发展。 相似文献