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1.
This paper seeks to illustrate the role of principles in an emerging regime for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ). While certainly not a standalone solution for a complex issue, principles nonetheless serve an essential function in regime-building, bridging legal and governance processes to identify new ways forward. Given the fundamental questions of international law at hand – the restriction of the freedoms of the high seas, the nature of UNCLOS as a “living instrument” and the need to engage in innovative practice spanning law and governance – it comes as no surprise that discussions on the future of ABNJ have been highly polarized. Principles offer points of convergence to address both the “regulatory gaps” and “implementation gaps” identified and serve the structural needs of both law and governance to produce dynamic change in the protection of marine biodiversity in ABNJ. Through their function as precursors to rules, principles prepare a common space for the emergence of a regime and give it a set of mechanisms through which it can strengthen its connections to the diversity of instruments and institutions involved in addressing a multifaceted problem. A statement of principles to strengthen the conservation and sustainable use of marine biodiversity in ABNJ – many of which constitute customary international law – would therefore be a logical and constructive next step in this on-going process.  相似文献   

2.
国家管辖范围以外区域(Areas Beyond National Jurisdiction,ABNJ)海洋生物多样性养护与可持续利用问题是当前国际社会共同关注的一个焦点。联合国大会2015年通过关于BBNJ(Biodiversity Beyond National Jurisdiction)养护和可持续利用问题的69/292号决议,决定在《联合国海洋法公约》框架下制定具有法律约束力的新协定(BBNJ国际协议)。环境影响评价是BBNJ国际协议的重要组成部分。对ABNJ当前主要的人类活动以及现有环境管理机制进行梳理,结合国际层面和区域组织的环境影响评价框架以及主要国家的环境影响评价实践,对ABNJ主要人类活动的环境影响评价筛选机制进行研究,着重分析以“重大不利影响”作为环境影响评价的启动门槛的正当性;并从项目的选址、项目特征和项目影响这3个主要因素出发,阐明适用于ABNJ的环境影响评价筛选标准;最后,基于不同类型活动的综合分析,就ABNJ环境影响评价的适用活动范围进行初步探讨,并尝试为ABNJ环境影响评价适用的活动清单提出方案设想。  相似文献   

3.
Past decades have shown a constant increase in the number of international agreements regulating marine areas. Environmental changes as well as technological developments resulting in an increased use of oceans ensure the need for further governance in the future of high seas. At the same time, compliance by States with international obligations remains a considerable challenge in international law. In particular, regulations governing areas beyond national jurisdiction (ABNJ) are at risk of not being obeyed due to factual challenges posed to the control of high seas territories and the (legal) limits of the law of the sea. This article evaluates a stronger cooperation between States through the incorporation of compliance control systems in agreements regulating ABNJ in order to enhance compliance by States. For this purpose, provisions on compliance control measures which have already been established in two agreements regulating ABNJ, namely the International Convention for the Regulation of Whaling and the United Nations Fish Stocks Agreement, are analyzed. It is argued that the incorporation of compliance control elements into agreements regulating ABNJ is a promising avenue to secure improved compliance among States Parties and further implementation of this approach is recommended.  相似文献   

4.
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   

5.
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   

6.
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   

7.
The global community's ability to assess the environmental effects of marine scientific research (MSR) as required by the 1982 United Nations Convention on the Law of the Sea's (UNCLOS) marine environment provisions (MEP) is limited, as shown by experimental activities that intentionally manipulate the marine environment. Such work enhances knowledge of the ocean, but it may also have significant environmental effects. This growing use of the ocean as a laboratory has global scientific, environmental, legal and policy implications. Examined here is the relationship between the MSR and the MEP provisions of UNCLOS. International, science-driven guidelines are proposed.  相似文献   

8.
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   

9.
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   

10.
While the international community debates the desirability and possible content of a new global instrument for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction, alternative approaches to improving the application and implementation of existing agreements for the protection of biodiversity appear to have fallen off the agenda. Recent practice under existing global and regional agreements suggests that, given political will, significantly greater protections could be achieved through the more effective implementation of individual sectoral agreements. However, while single-sector measures have the potential to make a valuable contribution, ultimately only multi-sectoral, integrated, cooperative management can ensure the conservation and long-term sustainable use of marine biodiversity in ABNJ. This requires establishing mechanisms for cooperation both intra and inter-sectorally, as well as between the sectoral and global and regional conservation agreements. This paper examines recent initiatives within various sectoral and conservation treaty regimes aimed at improving their application within ABNJ as well as some of the challenges to, and options for, further and better cooperation and coordination among and between existing regimes, and it identifies a range of possible mechanisms for achieving more effective implementation and coordination among them. Greater use of existing mechanisms represents a sensible approach to making the most of existing arrangements without in any way foreclosing the possibility of the adoption of a more comprehensive, integrated global agreement for the protection of marine biodiversity in ABNJ.  相似文献   

11.
An analysis of the negotiations at the United Nations Conference on the Law of the Sea concerning the conduct of marine scientific research. The author attends the UNCLOS meetings as a Technical advisor to the Government of Liberia.  相似文献   

12.
This paper reviews the emergence of the spatial dimension of marine and coastal zone administration, and examines several initiatives around the world that contribute to this idea. Spatial data have been recognised as an important resource to improve decision-making and resource management in both the land and marine environments in terms of sustainable development. Many countries are developing Spatial Data Infrastructures (SDIs) to improve access and sharing of spatial data, however, most of these initiatives stop at the coastline. Recently, global and regional activities such as the 3rd United Nations Convention on the Law of the Sea (UNCLOS) and the Sustainable Development Strategy for the Seas of East Asia (SDS-SEA) have brought to international attention the importance of effective administration of the marine and coastal environments.  相似文献   

13.
Rapid advances in attaching miniaturized electronic devices to marine animals for the purpose of learning more about their behavior and interaction with the marine environment, known as bio-logging, raise important and unsettled questions under the international law of the sea. Part XIII of the United Nations Convention on the Law of the Sea (UNCLOS) provides coastal states with the right to regulate and authorize marine scientific research in offshore areas under their sovereignty and jurisdiction. In their recent article published in this journal, James Kraska, Guillermo Ortuño, and David W. Johnston, assert that although bio-logging is a form of marine scientific research, Part XIII of UNCLOS does not apply to tagged animals that collect scientific information within a coastal state’s 200 mile exclusive economic zone, territorial sea, or internal waters. This commentary rejects Kraska et al.'s interpretation and provides evidence to support the claim that coastal state consent under Part XIII of UNCLOS may, under some circumstances, apply to bio-logging. In light of the immense scientific contributions that bio-logging research provide to global marine conservation efforts and the possible burdens that may be imposed on researchers if coastal states begin to assert their rights under UNCLOS, it is important that the international community engage in a robust and candid discussion of the issue and develop a consensus-based approach on how best to move forward.  相似文献   

14.
The 1982 United Nations Convention on the Law of the Sea (hereafter “UNCLOS”) is one of the most significant legal instruments of modern times, though the United States (US) has yet to join the 167 nations that have signed the document. Until the twentieth century, freedom of the seas led to inequity among nations, violence, and environmental disasters. UNCLOS provides a peaceful legal structure to resolve border disputes and enforce anti-pollution regulations while maintaining freedom of navigation, safety at sea, and marine scientific research efforts. However, the legitimacy of UNCLOS continues to deteriorate as China acts unilaterally while its global economic reach expands. Additionally, the US cannot participate in international agreements to access ocean resources in the deep seabed or claim portions of the Arctic due to non-accession to UNCLOS. Such accession would protect global security as the balance of power otherwise becomes increasingly unstable. The US must also accede to ensure economic development for itself as well as the preservation of coastal resources upon which many nations rely. In conclusion, US non-accession will risk global security, economic development, and the US position of strength.  相似文献   

15.
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   

16.
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   

17.
Marine seismic exploration has potentially detrimental effects upon marine life and marine mammals in particular. Potential effects range from disturbance that may lead to displacement from feeding or breeding areas, to auditory damage and potential mortality. Nations including the USA, Canada and Brazil have followed the example set by the United Kingdom by introducing guidelines to minimise acoustic disturbance to marine mammals. This paper describes the mitigation measures central to the guidelines currently in place, and identifies the similarities, differences and deficiencies within them. A need for further review by some nations is identified, with a recommendation that an international standard should be produced, benefiting both the geophysical exploration industry and the conservation community.  相似文献   

18.
International conservation efforts and cooperation are increasingly necessary, particularly at an ecoregion level, for the achievement of international targets for protecting biodiversity and degradation of ecosystems. Whereas more than 11 percent of land is protected, less than 1 percent of marine space is similarly protected. Transboundary networks of marine protected areas and transboundary marine protected areas (TBMPAs) are an essential form of cooperation for meeting these international targets. This paper explores the diplomatic and political options for regional and sub-regional cooperation between Tanzania, Mozambique, and South Africa, for the establishment of transboundary conservation mechanisms in the Eastern African Marine Ecoregion (EAME). Five options for the establishment and management of these mechanisms are presented, together with actions to be taken to facilitate cooperation. The paper deal with a proposed strategy for the implementation of transboundary conservation mechanisms, focusing on TBMPAs, between the three countries at a biogeographical/sub-regional level, supported by lessons learnt in other transboundary marine conservation experiences. The paper concludes that although political will may exist among States sharing borders to establish TBMPAs, the complexity of dealing with sub-regional realities is a difficult obstacle to overcome in a single step. The situation at each border must be taken into account in order that different multi-scale and multivariate solutions, supported by a common baseline will ultimately converge in a common trilateral framework. Finally, a two-step approach seems to be in course with the declaration (October 2009) of a TBMPA linking Ponta do Ouro in Mozambique to iSimangaliso Wetland Park in South Africa, following one of the options formerly presented.  相似文献   

19.
The international legal framework for marine spatial planning   总被引：2，自引：1，他引：1  
Frank Maes   《Marine Policy》2008,32(5):797
Increasing demand for ocean resources, both living and non-living, have already lead to loss of biodiversity, habitat depletion and irreversible damage to the marine environment. Furthermore, introduction of new kinds of sea uses, spatial extension of ongoing sea uses and the need to better protect and conserve the marine biological diversity will result in increasing conflicts among the various users, as well as between the users and the environment. Marine spatial planning as a process to allocate space for specific uses can help to avoid user conflicts, to improve the management of marine spatial claims, and to sustain an ecosystem-based management of ocean and seas. This article explores the rights and duties towards exploitation and protection of the marine environment under the jurisdiction of coastal states as reflected in two important global conventions, the United Nations Convention on the Law of the Sea and the Convention on Biological Diversity. Both Conventions provide the main legal framework for marine spatial planning that have to be taken into account in planning at the regional and national level.  相似文献   

20.
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   

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