3 The Intergovernmental Conference on an International
Legally Binding Instrument Under UNCLOS
on the Conservation and Sustainable Use of Marine
Biological Diversity of Areas Beyond National
Jurisdiction
There are several ongoing processes that are discussing the actions to be taken in the
context of our collective goal and responsibility to conserve and sustainably use the
oceans, seas and marine resources for sustainable development. It goes without
saying that among the most important of these processes is the Intergovernmental
Conference on an international legally binding instrument under UNCLOS on the
conservation and sustainable use of marine biological diversity of areas beyond
national jurisdiction.
The Conference, which was called for by the General Assembly after years of
debates at an Ad Hoc working group on issues relating to the conservation and
sustainable use of marine biological diversity of areas beyond national jurisdiction
and following the recommendations of a Preparatory Committee, held its first
session in New York, from 4 to 17 September 2018. The path to this first substantive
debate in the framework of a United Nations Conference has been long but fruitful.
Extensive discussions within the aforementioned processes established by the General Assembly preceded this milestone. They delved into related scientific, technical,
economic, legal, environmental, socioeconomic and other aspects. They provided a
rich and substantive ground from which the first session benefitted considerably.
Discussions during the first substantive session of the Conference were even more
enriching and detailed. An intensive in-depth exchange of views took place in the
plenary as well as in four informal working groups, namely (1) the group on marine
genetic resources, including questions on the sharing of benefits, (2) the group on
measures such as area-based management tools, including marine protected areas,
(3) the group on environmental impact assessments, and (4) the group on capacitybuilding and the transfer of marine technology. The reports presented to the plenary
by the facilitators of these informal working groups were highly informative.
On a positive note, it appears that there might have been a general convergence on
a certain number of issues. Among them was the recognition by overwhelming
majority of delegations of the central role of the Convention and the role of other
existing relevant legal instruments and frameworks and relevant global, regional and
sectoral bodies for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. The collegial environment, high level of
energy and the spirit of cooperation at the session was reflective of the high
importance that the international community attaches to the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.
Following the first session of the Conference, there is reason for a cautious
optimism. The President of the Conference, Ambassador Rena Lee of Singapore,
undertook to prepare another text for the second session, which will be reflective of
17 The Conservation and Sustainable Use of the Ocean in Areas Beyond National. . .
325
Legally Binding Instrument Under UNCLOS
on the Conservation and Sustainable Use of Marine
Biological Diversity of Areas Beyond National
Jurisdiction
There are several ongoing processes that are discussing the actions to be taken in the
context of our collective goal and responsibility to conserve and sustainably use the
oceans, seas and marine resources for sustainable development. It goes without
saying that among the most important of these processes is the Intergovernmental
Conference on an international legally binding instrument under UNCLOS on the
conservation and sustainable use of marine biological diversity of areas beyond
national jurisdiction.
The Conference, which was called for by the General Assembly after years of
debates at an Ad Hoc working group on issues relating to the conservation and
sustainable use of marine biological diversity of areas beyond national jurisdiction
and following the recommendations of a Preparatory Committee, held its first
session in New York, from 4 to 17 September 2018. The path to this first substantive
debate in the framework of a United Nations Conference has been long but fruitful.
Extensive discussions within the aforementioned processes established by the General Assembly preceded this milestone. They delved into related scientific, technical,
economic, legal, environmental, socioeconomic and other aspects. They provided a
rich and substantive ground from which the first session benefitted considerably.
Discussions during the first substantive session of the Conference were even more
enriching and detailed. An intensive in-depth exchange of views took place in the
plenary as well as in four informal working groups, namely (1) the group on marine
genetic resources, including questions on the sharing of benefits, (2) the group on
measures such as area-based management tools, including marine protected areas,
(3) the group on environmental impact assessments, and (4) the group on capacitybuilding and the transfer of marine technology. The reports presented to the plenary
by the facilitators of these informal working groups were highly informative.
On a positive note, it appears that there might have been a general convergence on
a certain number of issues. Among them was the recognition by overwhelming
majority of delegations of the central role of the Convention and the role of other
existing relevant legal instruments and frameworks and relevant global, regional and
sectoral bodies for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. The collegial environment, high level of
energy and the spirit of cooperation at the session was reflective of the high
importance that the international community attaches to the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.
Following the first session of the Conference, there is reason for a cautious
optimism. The President of the Conference, Ambassador Rena Lee of Singapore,
undertook to prepare another text for the second session, which will be reflective of
17 The Conservation and Sustainable Use of the Ocean in Areas Beyond National. . .
325