Environmental / Energy Law

Conserving Biodiversity in Areas beyond National Jurisdiction

By David Freestone
Brill Nijhoff March 2019

Specifications

ISBN-13
9789004391697
Publisher
Brill Nijhoff
Publication
March 2019
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Since 2006 the United Nations General Assembly (UNGA) has been discussing the question of the conservation and sustainable use of biodiversity in areas beyond national jurisdiction. Following the issues raised by the Ad Hoc Working Group (2004 – 2015) and the Preparatory Commission (2016 – 2017) in 2017 the UNGA agreed to convene an intergovernmental conference to discuss these issues.

Conserving Biodiversity in Areas beyond National Jurisdiction, edited by David Freestone, brings together a collection of essays covering some of the key issues involved in these debates. The essays are contributed by a number of distinguished scholars and practitioners – many of whom are involved in the UNGA negotiations – and are a useful reference for actors involved in the negotiations as well as for practitioners, scholars, and students following the process.

Table of Contents

Part 1: Introduction
Introduction: The UN Process to Develop an International Legally Binding Instrument under the 1982 Law of the Sea Convention: Issues and Challenges
 David Freestone

Part 2: The BBNJ Package Deal: Elements and Issues
1 Principles Applicable to Modern Oceans Governance
 David Freestone
2 Coastal States and MPAs in ABNJ: Ensuring Consistency with the LOSC
 Alex G. Oude Elferink
3 Preliminary Thoughts on Marine Spatial Planning in Areas beyond National Jurisdiction
 Vasco Becker-Weinberg
4 The Proposed LOSC Implementation Agreement on Areas beyond National Jurisdiction and Its Impact on International Fisheries Law
 Richard Barnes
5 The Proposed Implementing Agreement: Options for Coherence and Consistency in the Establishment of Protected Areas beyond National Jurisdiction
 Dire Tladi
6 The Signing of the Hamilton Declaration on Collaboration for the Conservation of the Sargasso Sea: A New Paradigm for High Seas Conservation?
 David Freestone and Kate Killerlain Morrison
7 Submarine Telecommunication Cables and a Biodiversity Agreement in ABNJ: Finding New Routes for Cooperation
 Andrew Friedman
8 International Legal Obligations for Environmental Impact Assessment and Strategic Environmental Assessment in the Arctic Ocean
 Gunnar Sander
9 Current ‘Light’ and ‘Heavy’ Options for Benefit-sharing in the Context of the United Nations Convention on the Law of the Sea
 Gaute Voigt-Hanssen
10 Mare Geneticum: Towards an Implementing Agreement for Marine Genetic Resources in International Waters
 Thomas Vanagt, Arianna Broggiato, Laura E. Lallier, Marcel Jaspars, Geoff Burton, and Dominic Muyldermans
11 Research for Regions: Strengthening Marine Technology Transfer for Pacific Island Countries and Biodiversity beyond National Jurisdiction
 Harriet R. Harden-Davies
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