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Marine Conservation and International Law: Legal Instruments for Biodiversity Beyond National Jurisdiction

Marine Conservation and International Law: Legal Instruments for Biodiversity Beyond National Jurisdiction

Author: Sarah Louise Lothian
Publisher: Routledge
ISBN: 9781032228907
Published In: July 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 2,015.00

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This book provides a blueprint for an International Legally Binding Instrument (ILBI) for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ). The development of an ILBI could signify a pivotal turning point in the law of the sea by addressing regulatory, governance and institutional gaps and deficiencies in the existing international law framework for BBNJ.

This book analyses the essential components an ILBI will require to effectively conserve and sustainably use BBNJ, focusing on marine genetic resources, area-based management tools, environmental impact assessments, capacity-building and marine technology transfer. It investigates potential areas of compromise, as the success of an ILBI will rely upon the support of a powerful bloc of Maritime States, principally, the US, the UK, Russia, the Netherlands, France and Japan. The participation of major maritime powers will be critical as it is their nationals, corporations and flag vessels that have the financial and technical wherewithal to undertake activities beyond national jurisdiction. This bloc of States has historically been the strongest proponents of the Grotian doctrine of ‘freedom of the seas’ as it aligns with their predominant interest to preserve navigational freedom for their merchant and military fleets. Accordingly, this book assesses the extent to which the Grotian doctrine continues to exert influence on the development of the law of the sea and the development of an ILBI.

Providing a comprehensive overview of this important development in international law, this book will be of interest to students, lecturers and academics of law of the sea, international environmental law and biodiversity law.

1. The promise and limits of international legal protection of BBNJ

2. The Grotian tradition and its place in the BBNJ negotiations: Is it a case of history repeating itself?

3. A principled backbone: The potential role of modern governance principles and approaches in an ILBI

4. A blueprint for Blue Gold: The search for planks of compromise in an ILBI

5. Caught in a geopolitical undertow: Marine protected areas beyond national jurisdiction

6. Environmental impact assessments: Devising a recipe for environmentally sustainable decision-making under an ILBI

7. Time to wake the Sleeping Giant: Implementing capacity-building and marine technology transfer in an ILBI

8. A bridge to the future protection of BBNJ

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