1 Introduction
Marine biodiversity is essential for human life as it supports multiple ecosystem
services in which humanity depends on.
1 Despite its vital role for human life,
pressure on marine biodiversity is escalating due to increasing exploitation of living
resources, climate change, ocean acidification and pollution, particularly in marine
areas beyond national jurisdiction (ABNJ).
2 Consequently, marine biodiversity in
these areas is rapidly declining, a fact that generated growing concern regarding its
conservation as it is considered to be essential to secure long term sustainable use of
these resources for everyone, including future generations.
3
Resulting from said concern, the discussions on the conservation and sustainable
use of marine biodiversity beyond national jurisdiction (BBNJ) have become the
focus of the international community. Starting in 2004, the United Nations General
Assembly (UNGA) established an Ad Hoc Open-ended Informal Working Group
(WG) to study issues relating to the conservation and sustainable use of BBNJ.
4
This WG held nine meetings and, in January 2015, issued a final report containing
a series of recommendations to UNGA on the way forward.
5 These recommendations resulted in an UNGA Resolution.
6 Said Resolution determined the creation of a
Preparatory Committee (Prep Com) to make substantive recommendations to the
UNGA on the elements of a draft text for an International Legally Binding Instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS)
for conservation and sustainable use of BBNJ.
7
Also resulting from the recommendations of the WG, and reflecting the general
agreement of the international community,
8 the Resolution included a provision
stating that the negotiations of the Prep Com would address the topics identified in
the package agreed in 2011.
9 They would focus, especially, on marine genetic
resources (and benefit sharing), area-based management tools (including Marine
Protected Areas (MPAs) and environmental impact assessments), capacity-building
and the transfer of marine technology.
10
1 Tanaka (2012a), pp. 312–313; Wright et al. (2015), pp. 272–290; Gjerde et al. (2016), p. 46;
Jakobsen (2016), p. 3.
2 Wright et al. (2015), pp. 264 and 286.
3 Tanaka (2012a), pp. 312–313; Tanaka (2011), p. 292; Wright et al. (2015), pp. 272 and 286;
Jakobsen (2016), p. 4.
4 UNGA Resolution 59/24 para. 73.
5 BBNJ WG Report A/69/780.
6 UNGA Resolution 69/292.
7 UNGA Resolution 69/292, para. 1 (a).
8 BBNJ WG Report A/69/780, para. 15.
9 BBNJ WG Report A/66/119 para. 1 (b).
10 UNGA Resolution 69/292, para. 2.
424
I. Aguiar Branco
Marine biodiversity is essential for human life as it supports multiple ecosystem
services in which humanity depends on.
1 Despite its vital role for human life,
pressure on marine biodiversity is escalating due to increasing exploitation of living
resources, climate change, ocean acidification and pollution, particularly in marine
areas beyond national jurisdiction (ABNJ).
2 Consequently, marine biodiversity in
these areas is rapidly declining, a fact that generated growing concern regarding its
conservation as it is considered to be essential to secure long term sustainable use of
these resources for everyone, including future generations.
3
Resulting from said concern, the discussions on the conservation and sustainable
use of marine biodiversity beyond national jurisdiction (BBNJ) have become the
focus of the international community. Starting in 2004, the United Nations General
Assembly (UNGA) established an Ad Hoc Open-ended Informal Working Group
(WG) to study issues relating to the conservation and sustainable use of BBNJ.
4
This WG held nine meetings and, in January 2015, issued a final report containing
a series of recommendations to UNGA on the way forward.
5 These recommendations resulted in an UNGA Resolution.
6 Said Resolution determined the creation of a
Preparatory Committee (Prep Com) to make substantive recommendations to the
UNGA on the elements of a draft text for an International Legally Binding Instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS)
for conservation and sustainable use of BBNJ.
7
Also resulting from the recommendations of the WG, and reflecting the general
agreement of the international community,
8 the Resolution included a provision
stating that the negotiations of the Prep Com would address the topics identified in
the package agreed in 2011.
9 They would focus, especially, on marine genetic
resources (and benefit sharing), area-based management tools (including Marine
Protected Areas (MPAs) and environmental impact assessments), capacity-building
and the transfer of marine technology.
10
1 Tanaka (2012a), pp. 312–313; Wright et al. (2015), pp. 272–290; Gjerde et al. (2016), p. 46;
Jakobsen (2016), p. 3.
2 Wright et al. (2015), pp. 264 and 286.
3 Tanaka (2012a), pp. 312–313; Tanaka (2011), p. 292; Wright et al. (2015), pp. 272 and 286;
Jakobsen (2016), p. 4.
4 UNGA Resolution 59/24 para. 73.
5 BBNJ WG Report A/69/780.
6 UNGA Resolution 69/292.
7 UNGA Resolution 69/292, para. 1 (a).
8 BBNJ WG Report A/69/780, para. 15.
9 BBNJ WG Report A/66/119 para. 1 (b).
10 UNGA Resolution 69/292, para. 2.
424
I. Aguiar Branco