Appraising the Modus of Conservation and Sustainable Use of Arctic Marine Biodiversity of Areas beyond National Jurisdiction under the Umbrella of the BBNJ Treaty

In: The Yearbook of Polar Law Online
Author: Sabrina Hasan
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Arctic Ocean (AO) is opening the door for commercial activities due to the opening of previously inaccessible areas which has attracted the concern of the protection of the Arctic marine biodiversity through the effective implementation of legally binding instruments that will be influential to the implementation of scientific cooperation between Arctic and Non-Arctic States. Moreover, diplomatic issues among the Arctic States along with the gaps in the laws and regulations regarding Arctic Ocean governance have raised the concern to come up with an effective legal regime for the conservation and sustainable use of Arctic marine biodiversity. Though there are some applicable legal instruments in existence, the rapid changes in the AO and increased human activities have called for a stronger one. Now the question is whether that regime shall be within national or regional framework and how the upcoming internationally legally binding instrument for the conservation and sustainable use of biodiversity beyond national jurisdiction (BBNJ Treaty) can be an influential and effective instrument to promote the conservation and sustainable use of Arctic marine biodiversity which are beyond national jurisdiction. Therefore, the paper highlights the existing issues concerning Arctic marine biodiversity of the areas beyond national jurisdiction (ABNJ) and analyses these concerns regarding how the conservation and sustainable use of Arctic marine biodiversity can be promoted under the BBNJ treaty.

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