Chapter 7 The BBNJ PrepCom and Institutional Arrangements: The Hype about the Hybrid Approach

In: The Marine Environment and United Nations Sustainable Development Goal 14

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Abstract

The United Nations General Assembly established the Preparatory Committee (PrepCom), prior to convening an intergovernmental conference, for the purpose of recommending substantive elements for the development of an international legally binding instrument (ILBI) under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction. Discussions at the PrepCom included possible institutional arrangements that could govern the new legal regime. Three approaches to the institutional arrangements were proposed at the PrepCom: the global and regional and/or sectoral approaches, together with the newly-proposed hybrid approach. The overall aim of this chapter is to examine the context and emergence of the hybrid approach, together with its implications for the ILBI, given the institutional structure and criteria the delegations proposed for the institutional arrangements.

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