1 Introduction
The variability among living organisms in the many marine ecosystems of this world
is extremely rich.
1 Yet this marine biodiversity is also extremely vulnerable to
climate change, overexploitation, and other such threats. In that context, the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ) and the development of an international legally binding instrument
(ILBI) covering this issue has definitely made it to the list of law of the sea news not
to be missed.
2 The conservation and sustainable use of marine biodiversity in ABNJ
has even been characterized as the most contentious aspect in current law of the sea.
3
A lot has happened for the process surrounding the conservation and sustainable
use of biological diversity beyond national jurisdiction (BBNJ) to reach the stage it is
now at.
4 Facing a growing concern in the state of marine biodiversity,
5 the United
Nations General Assembly (UNGA) established, in 2004, an Open-ended Informal
Working Group (the Working Group) to study issues relating to the conservation and
sustainable use of marine biological diversity beyond areas of national jurisdiction.
6
This Working Group also followed the establishment, by the conference of the
parties of the Convention on Biological Diversity (CBD), of a working group on
protected areas,
7 where experts in oceans related fields were encouraged to
participate.
8
The Working Group gathered for the first time in 2006, and, over the following
years, met on nine occasions, addressing issues of substance (i.e. what topics could/
should be covered), institutional framework and scope of the ILBI. The fourth
meeting of the Working Group, held in 2011, identified four main issues to be
covered—the “package”
9
—namely:
1. Marine genetic resources (MGRs), including questions on benefit-sharing;
2. Area-based management tools (ABMTs), including marine protected areas
(MPAs);
3. Environmental impact assessments (EIAs);
4. Capacity building and marine technology transfer (CB&TT).
1 IISD (2006), p. 1.
2 E.g., Barnes (2016), Tladi (2017), Scanlon (2018), Warner (2017), Young and Friedman (2018)
and Millicay (2018).
3 Tladi (2017), p. 259.
4 IISD (2018), pp. 1–2.
5 IISD (2011), p. 2; WSSD (2002); UNGA Res 57/14 (2002), UNGA Res 58/240 (2003).
6 UNGA Res 59/24 (2004), para 73.
7 CBD COP Dec VII/28 (2004), para 25.
8 UNGA Res 59/24 (2004), para 71.
9 DOALOS (2017b), p. 9; Scanlon (2018), p. 2; Jeff Ardron (2013), p. 2.
352
C. Blanchard et al.
The variability among living organisms in the many marine ecosystems of this world
is extremely rich.
1 Yet this marine biodiversity is also extremely vulnerable to
climate change, overexploitation, and other such threats. In that context, the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ) and the development of an international legally binding instrument
(ILBI) covering this issue has definitely made it to the list of law of the sea news not
to be missed.
2 The conservation and sustainable use of marine biodiversity in ABNJ
has even been characterized as the most contentious aspect in current law of the sea.
3
A lot has happened for the process surrounding the conservation and sustainable
use of biological diversity beyond national jurisdiction (BBNJ) to reach the stage it is
now at.
4 Facing a growing concern in the state of marine biodiversity,
5 the United
Nations General Assembly (UNGA) established, in 2004, an Open-ended Informal
Working Group (the Working Group) to study issues relating to the conservation and
sustainable use of marine biological diversity beyond areas of national jurisdiction.
6
This Working Group also followed the establishment, by the conference of the
parties of the Convention on Biological Diversity (CBD), of a working group on
protected areas,
7 where experts in oceans related fields were encouraged to
participate.
8
The Working Group gathered for the first time in 2006, and, over the following
years, met on nine occasions, addressing issues of substance (i.e. what topics could/
should be covered), institutional framework and scope of the ILBI. The fourth
meeting of the Working Group, held in 2011, identified four main issues to be
covered—the “package”
9
—namely:
1. Marine genetic resources (MGRs), including questions on benefit-sharing;
2. Area-based management tools (ABMTs), including marine protected areas
(MPAs);
3. Environmental impact assessments (EIAs);
4. Capacity building and marine technology transfer (CB&TT).
1 IISD (2006), p. 1.
2 E.g., Barnes (2016), Tladi (2017), Scanlon (2018), Warner (2017), Young and Friedman (2018)
and Millicay (2018).
3 Tladi (2017), p. 259.
4 IISD (2018), pp. 1–2.
5 IISD (2011), p. 2; WSSD (2002); UNGA Res 57/14 (2002), UNGA Res 58/240 (2003).
6 UNGA Res 59/24 (2004), para 73.
7 CBD COP Dec VII/28 (2004), para 25.
8 UNGA Res 59/24 (2004), para 71.
9 DOALOS (2017b), p. 9; Scanlon (2018), p. 2; Jeff Ardron (2013), p. 2.
352
C. Blanchard et al.