Chapter 20
The European Union and the Future
International Legally Binding Instrument
on Marine Biodiversity Beyond National
Jurisdiction
Pascale Ricard
Abstract The present chapter aims at analysing the relationship between the
European Union and the future International legally binding instrument (ILBI)
related to the conservation and sustainable use of marine biodiversity in areas
beyond national jurisdiction—the high seas and the Area (deep seabed). The chapter
will begin with a brief introduction detailing the manner in which the European
Union has interacted with the international law of the sea. A particular focus will be
placed on the difficulty that has arisen in distinguishing between the exclusive and
shared competences of the EU in regard to the conservation of biological resources
and the protection of the environment, at both a substantial and institutional level.
Thereafter, the chapter will be two-pronged, elaborating upon the formal participation of the EU as regards the future instrument and the specificities of its substantive
participation. Il also addresses the potential consequences for the Union of the
adoption of such an agreement, in terms of its impact on EU maritime policy, on
the exercise of its competences and on its participation in international institutions.
1 Introduction: The European Union and the Law
of the Sea
The European Union (EU) occupies a unique position in international law of the sea,
as it is the only organization that is a party to the United Nations Convention on the
Law of the sea (UNCLOS), otherwise constituted by States.
1 This situation was
P. Ricard (*)
Aix-Marseille University, Research Center in International and European Law,
Aix-en-Provence, France
e-mail: pascale.ricard@univ-amu.fr
1 Herein after ‘UNCLOS’ (10 December 1982, entered into force 16 November 1994) UNTS 1833
3. The EU signed the UNCLOS on December 7th 1984, and deposited its instrument of formal
confirmation on April 1st 1998, in conformity with Art. 216 of the TFEU (Council Decision 98/392/
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_20
379
The European Union and the Future
International Legally Binding Instrument
on Marine Biodiversity Beyond National
Jurisdiction
Pascale Ricard
Abstract The present chapter aims at analysing the relationship between the
European Union and the future International legally binding instrument (ILBI)
related to the conservation and sustainable use of marine biodiversity in areas
beyond national jurisdiction—the high seas and the Area (deep seabed). The chapter
will begin with a brief introduction detailing the manner in which the European
Union has interacted with the international law of the sea. A particular focus will be
placed on the difficulty that has arisen in distinguishing between the exclusive and
shared competences of the EU in regard to the conservation of biological resources
and the protection of the environment, at both a substantial and institutional level.
Thereafter, the chapter will be two-pronged, elaborating upon the formal participation of the EU as regards the future instrument and the specificities of its substantive
participation. Il also addresses the potential consequences for the Union of the
adoption of such an agreement, in terms of its impact on EU maritime policy, on
the exercise of its competences and on its participation in international institutions.
1 Introduction: The European Union and the Law
of the Sea
The European Union (EU) occupies a unique position in international law of the sea,
as it is the only organization that is a party to the United Nations Convention on the
Law of the sea (UNCLOS), otherwise constituted by States.
1 This situation was
P. Ricard (*)
Aix-Marseille University, Research Center in International and European Law,
Aix-en-Provence, France
e-mail: pascale.ricard@univ-amu.fr
1 Herein after ‘UNCLOS’ (10 December 1982, entered into force 16 November 1994) UNTS 1833
3. The EU signed the UNCLOS on December 7th 1984, and deposited its instrument of formal
confirmation on April 1st 1998, in conformity with Art. 216 of the TFEU (Council Decision 98/392/
© Springer Nature Switzerland AG 2020
M. C. Ribeiro et al. (eds.), Global Challenges and the Law of the Sea,
https://doi.org/10.1007/978-3-030-42671-2_20
379