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Legal Issues in the Protection of Marine Biological Diversity Beyond National Jurisdiction

Author
Agarwal S. K
Journal/Series
Maritime Affairs: Journal of the National Maritime Foundation of India | Vol 11 (1); p. 84 - 98
Date
2015
Source
IUCN (ID: ANA-091048)
Publisher | Place of publication
Taylor & Francis Group Ltd | Abingdon, United Kingdom
ISSN
0973-3159
Document type
Article in periodical
Language
English
Field of application
International
Subject
Sea
Keyword
Marine resources management Governance International agreement-implementation Sustainable use
Abstract

States are facing new challenges with respect to conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). This underscores a significant gap in the existing legal regime, as embodied in the 1982 United Nations Convention on the Law of the Sea (UNCLOS), for protection of marine biological diversity beyond national jurisdiction. Thus, there is a critical need for a legal instrument to specifically address the regulatory and governance gap in this area. To this end, the United Nations General Assembly (UNGA) has set up an ad-hoc BBNJ Working Group. In January 2015, the BBNJ Working Group recommended that an international legally binding instrument under UNCLOS needed to be developed. This will enable UNGA to decide in its forthcoming 69th Session, in 2015, whether or not to launch negotiations for a new Implementing Agreement under the UNCLOS on the conservation and sustainable use of the marine biological diversity in areas beyond national jurisdiction. The details and contours of the new legal instrument, however, have yet to be agreed to, by the international community. It is suggested that international community may consider the precedent of the United Nations Fish Stock Agreement (UNFSA) for taking the next steps in devising a legal instrument. Further, there is also a need to consider an institutional arrangement to address existing BBNJ governance gaps.

Website
www.tandfonline.com

Other references

Treaty

United Nations Convention on the Law of the Sea

Treaty | Multilateral | Montego Bay |

Keyword: Alien species, Inspection, Legal proceedings/administrative proceedings, Management/conservation, Deep sea bed, Islands, Bycatch, Offences/penalties, Enforcement/compliance, Risk assessment/management, Fishing licence fee, Authorization/permit, Fishery management and conservation, Total allowable catch, Marine fisheries, Liability/compensation, Pollution control, Future generations, Marine pollution, Dispute settlement, Monitoring, Stock enhancement/repopulation, Maritime zone, Policy/planning, Marine pollution (dumping at sea), Size, Contract/agreement, Access right, Education, Data collection/reporting, Research, EIA, International organization, Long-range air pollution, Marine mammals, Mining, Business/industry/corporations, High seas, Sovereignty, Marine pollution (land-based sources), Migratory species, Vessel ownership, Court/tribunal, Marine resources management, Jurisdictional competence, Fishing licence, Harbour, Early warning system/emergency intervention system, Fishing gear/fishing method, Navigation, Registration, Continental shelf, Marine pollution (ship-based sources), Exploration, Seasons, International relations/cooperation, Technology transfer, EEZ-Exclusive Economic Zone, Sustainable use

Source: IUCN (ID: TRE-000753)