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
McDorman, T.L. (2021). 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, in: Nordquist, M.H. et al. Marine biodiversity of areas beyond national jurisdiction. Center for Oceans Law and Policy, 24: pp. 273-284. https://dx.doi.org/10.1163/9789004422438_015
In: Nordquist, M.H.; Long, R. (Ed.) (2021). Marine biodiversity of areas beyond national jurisdiction. Center for Oceans Law and Policy, 24. Brill|Nijhoff: Leiden, Boston. e-ISBN 978-90-04-42243-8. XX, 379 pp., more
In: Center for Oceans Law and Policy. Martinus Nijhoff: The Hague; London; New York. ISSN 1872-7158, more
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| Author keywords |
marine biological diversity – areas beyond national jurisdiction – treaty negotiations – United Nations Convention on the Law of the Sea – area- based management – regional fisheries management organizations – international treaties |
| Abstract |
Since the 1980s the architecture of international ocean governance has rested on the UN Convention on the Law of the Sea (los Convention) and a large number of the regional and global sectoral treaties most of which were contemplated in the los Convention. One of the central challenges in the negotiation of a bbnj Convention is the “architectural fit” of a bbnj Convention with the existing treaty- based law of the sea governance framework. The primary focus of this presentation is on several selected legal relationship issues: the relationship of a bbnj Convention with the los Convention, which has several aspects including the activities by a coastal State in the exercise of its jurisdiction over the resources in the continental shelf beyond 200nm; and the relationships issues that may/ will arise from area- based management measures and existing treaty- based governance bodies such as regional fisheries management organizations (rfmo s) and the various imo Conventions. Here the mantra is that a bbnj Convention will not “undermine” existing instruments and frameworks. |
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