Marine Biodiversity of Areas beyond National Jurisdiction (BBNJ) identifies the major issues at stake in the BBNJ negotiations and examines the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. This timely volume offers cutting edge contributions from leading global experts on access and benefit sharing of marine genetic resources; environmental impact assessments; capacity building and transfer of technology as well as Arctic environmental issues including security and shipping. Cross-cutting themes including the potential impact on existing legal frameworks and instruments are also explored.
Myron H. Nordquist is the Associate Director and Editor-in-Chief of the Center for Oceans Law and Policy, and Senior Fellow at the Center for National Security Law at the University of Virginia School of Law. He is Editor-in-Chief of the United Nations Convention on the Law of the Sea 1982: a Commentary, the seven-volume “Virginia Commentary” series, plus a Supplementary Documents volume.
Ronán Long is Director of the WMU-Sasakawa Global Institute and holds the Nippon Foundation Professorial Chair in Ocean Governance and the Law of the Sea at the World Maritime University, where he lectures on Ocean Governance, Law of the Sea and International Dispute Resolution and Diplomacy. He has also lectured at the Rhodes Academy of Oceans Law and Policy and is a supervisor of advanced academic research under the United Nations - The Nippon Foundation of Japan Fellowship Programme.
List of Figures and Tables
Notes on Contributors
1 The Journey to Realisation
2 The United Nations Convention on the Law of the Sea in the Present Geo- Political Situation
3 Managing High Seas Through a Sui Generis Arif Havas Oegroseno
PART 1 Context—Conservation and Sustainable Use of Biological Diversity Beyond National Jurisdiction (BBNJ)
4 BBNJ Treaty Negotiations 2019
J. Ashley Roach
5 Area-Based Management Tools, Including Marine Protected Areas – Reflections on the Status of Negotiations
Lisa Eurén Höglund
PART 2 Marine Genetic Resources, Access & Benefit Sharing
6 Benefit Sharing: Combining Intellectual Property, Trade Secrets, Science and an Ecosystem- Focused Approach
Marcel Jaspars and Abbe E. L. Brown
7 Biodiversity Beyond National Jurisdiction: (Intellectual) Property Heuristics
PART 3 Environmental Impact Assessments (EIA S), Scientific Data and Databases, Sensor Technology
8 The Quest to Completely Map the World’s Oceans in Support of Understanding Marine Biodiversity and the Regulatory Barriers we Have Created
Larry Mayer and J. Ashley Roach
9 Mitigating Human Impacts on Marine Biodiversity Beyond National Jurisdiction: Potential Benefits of the International Legally Binding Instrument
10 Not an Intractable Challenge: Geoengineering MSR in ABNJ
Karen N. Scott
PART 4 Capacity Building and Transfer of Technology (CBTT)
11 Capacity Building in Marine Science – Added Value of the BBNJ?
Alf Håkon Hoel
12 Marine Technology Transfer: Towards a Capacity-Building Toolkit for Marine Biodiversity Beyond National Jurisdiction
PART 5 Cross-cutting Issues
13 Beholding the Emerging Biodiversity Agreement through a Looking Glass: What Capacity-Building and Gender Equality Norms Should Be Found There?
14 A Few Words on the “Cross-Cutting Issue”——The Relationship between a BBNJ Convention and Existing, Relevant Instruments and Frameworks and Relevant Global, Regional and Sectoral Bodies
Ted L. McDorman
15 Biodiversity beyond National Jurisdiction and the Limits of the Commons: Spatial and Functional Complexities
Joanna Mossop and Clive Schofield
PART 6 Arctic Issues: Environment, Security, Shipping
16 Non-Arctic States’ Role in the High North: Participating in Arctic Governance Through Cooperation
17 Round Two for Arctic Fishing?
All those interested in current issues related to the Law of the Sea.