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1.
《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
2.
《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
3.
《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
4.
《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
5.
Marine genetic resources both within and beyond national jurisdiction have been the focus of international negotiations in a range of forums in recent years. One recurrent theme throughout these discussions has been the absence of detailed information upon which policy responses to the emerging issue of the conservation and sustainable use of marine genetic resources (especially in areas beyond national jurisdiction) could be based. In an effort to address some of these knowledge gaps, this article examines the level and nature of scientific and commercial interest in marine genetic resources, including in areas beyond national jurisdiction. It also examines the changing perspectives of the scientific community in relation to the potential of marine genetic resources. 相似文献
6.
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
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.
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
9.
《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
10.
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
11.
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
12.
13.
《Marine Policy》2015
The world׳s oceans are currently undergoing an unprecedented period of industrialisation, made possible by advances in technology and driven by our growing need for food, energy and resources. This is placing the oceans are under intense pressure, and the ability of existing marine governance frameworks to sustainably manage the marine environment is increasingly being called into question. Emerging industries are challenging all aspects of these frameworks, raising questions regarding ownership and rights of the sea and its resources, management of environmental impacts, and management of ocean space. This paper uses the emerging marine renewable energy (MRE) industry, particularly in the United Kingdom (UK), as a case study to introduce and explore some of the key challenges. The paper concludes that the challenges are likely to be extensive and argues for development of a comprehensive legal research agenda to advance both MRE technologies and marine governance frameworks. 相似文献
14.
The international legal framework for marine spatial planning 总被引：2，自引：1，他引：1
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
15.
《Marine Policy》2015
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
16.
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
17.
《Marine Policy》2014
The main objective of recent international legislative measures and policies concerning marine ecosystems is to ensure sustainable environmental management to maintain a good status for marine waters, habitats and resources, with the ultimate target of achieving an integrated ecosystem-based approach to management. Because bioinvasions pose significant threats to marine ecosystems and the goods and services these provide, non-indigenous species (NIS) are included in the more recent legislative documents. A major challenge for the scientific community is to translate the principles of the legislative directives into a realistic, integrated ecosystem-based approach and at the same time provide stakeholders with best practices for managing NIS. The aim of this paper, prepared by members of the Working Group on Introductions and Transfers of Marine Organisms (WGITMO) of the International Council for the Exploration of the Sea (ICES), is to provide guidance for the application of NIS related management in the European Union Marine Strategy Framework Directive (MSFD). Ten recommendations, including NIS identification, standardization of sampling and data, indicators, propagule pressure and management issues are considered in this paper. While most of these suggestions were developed to improve the implementation of the MSFD, several may be more widely applicable. 相似文献
18.
《Marine Policy》2014
This paper investigates the extent to which remote sensing data can contribute to the management of two parallel crises in the South China Sea (SCS); first the ongoing disputes related to islands and related maritime boundaries and second the degradation of the marine environment and the decrease in fish stocks. It demonstrates that remote sensing surveys are the only means to lawfully collect independent and verifiable geographic data on the disputed features without the need to consult all the claimants and thereby add to regional frictions and tensions. These surveys can contribute to the determination of whether these features are submerged or above water at high tide and what their physical characteristics are. This would inform the application of the Law of the Sea and help determine entitlements to maritime zones and thus access to resources. The other category of uses for remote sensing surveys which is explored is the identification and classification of marine habitats and the building of a biogeographic platform. This paper shows the limits created by unavoidable uncertainties in the interpretation of satellite imagery. However, many benefits outweigh the downsides: the potential for national and regional marine spatial planning, for the prioritization of marine environments in need of management, for the implementation by the States bordering the SCS of the international treaties which they have ratified and for ecological monitoring. 相似文献
19.
随着中国海水养殖业的大力发展，其种质资源保护和种质保存的研究日趋广泛，由此获得的数据越来越多，人们对这些数据的共享要求也越来越迫切。种质资源元数据库建立的目的在于将大量分散的资料在新的层次上系统地加以收集、整理和补充，使动物种质信息管理规范化，提高整体管理水平，并逐步实现网络化和资源共享，使海水经济
动物种质资源和种质库的研究成果得到充分有效地利用，发挥其科学价值和社会价值。所以，为有效地进行海水经济动物遗传多样性保护， 为向海水养殖业和科学研究提供优良种质信息，为政府部门提供决策信息，促进中国养殖业的可持续发展，建立海洋经济动物种质资源信息系统元数据库是很有必要和迫切的。 相似文献
20.
《Marine Policy》1998,22(3):229-234
The 1972 United Nations Conference on the Human Environment (Stockholm, UN Conference, 1972) outlined a ‘masterplan’ linking environmental assessment, environmental management and supporting measures as basic and inseparable elements of environmental actions plans. It also indicated the advantages of a regional approach in contributing to the solution of global problems. The Regional Seas Programme of UNEP (United Nations Environment Programme) was subsequently initiated in 1974 (UN General Assembly, 1972). Development of UNEP’s Regional Seas Programme demonstrated that the basic concepts formulated at Stockholm can effectively foster regional cooperation among interested States, and may benefit from the support of the United Nations system as a whole.The present Regional Seas Programme includes fourteen regions, comprising over 140 coastal States. It was conceived as an action-oriented programme encompassing a comprehensive, trans-sectoral approach to marine and coastal areas and to environmental problems, considering not only the consequences, but also the causes of environmental degradation. Each Regional Seas Programme is based on the needs of the region concerned. The Regional Seas Programmes promote the parallel development of regional legal agreements, and of action-oriented programme activities, as embodied in the action plans. The overall strategy to be followed, as defined by UNEP’s Governing Council (UNEP, 1974) is:
- 1. Promotion of international and regional conventions, guidelines and actions for the control of marine pollution and the protection and management of aquatic resources.
- 2. Assessment of the state of marine pollution, pollution sources and trends, and of the impact of pollution on human health, marine ecosystems and amenities.
- 3. Coordination of efforts with regard to environmental aspects of the protection, development and management of marine and coastal resources.
- 4. Support for education and training efforts to facilitate the full participation of developing countries in the protection, development and management of marine and coastal resources.