1 Introduction
Biological diversity is extremely valuable, both in itself and for humanity.
1 From an
anthropocentric perspective, its value stems from so-called ecosystem services,
which are often grouped into two categories: the ecological services that make life
on this planet possible (regulation of air quality, etc.) and the socio-economic
services that are a source of food and raw materials or provide well-being (recreational activities, cultural identity, spiritual well-being, etc.).
2 However, despite its
enormous value, biological diversity is threatened. In the case of marine biodiversity,
the threat comes from multiple factors, such as abusive fishing practices (overfishing
and destructive fishing practices), alien invasive species (non-native species that
pose a threat to ecosystems, habitats or species), marine pollution (from a number of
marine and land-based sources), climate change (including ocean acidification) and,
paradoxically, some measures to fight climate change (geoengineering measures
such as ocean fertilisation).
3
Measures are required to avoid—and, where appropriate, repair—damage to the
marine environment. In areas under national jurisdiction, this task falls to the coastal
state, although that does not prevent it from assuming international commitments,
such as the Convention on Biological Diversity. In areas beyond national jurisdiction
(hereinafter, ABNJs) the strategy must necessarily be collective to be effective. But
the fact is ABNJs are not properly protected, which is no minor matter. For years,
numerous voices have warned that the conservation and sustainable use of such
marine areas are some of the most difficult and important challenges facing the
international community today.
4
After years of work,
5 in 2015 the United Nations General Assembly decided to
develop an international legally binding instrument under the United Nations Convention on the Law of the Sea (hereinafter, UNCLOS) on the conservation and
sustainable use of marine biological diversity of ABNJs.
6 It established a preparatory
committee,
7 and then, in December 2017, it convened an intergovernmental conference to elaborate the text of an international legally binding instrument.
8 The
1 For the purposes of this chapter, “biological diversity” and “ecosystem” shall be used as defined by
the Convention on Biological Diversity. On the value of biological diversity, see the Preamble.
2 For more information on this classification, specifically with regard to marine biodiversity, see:
Ribeiro (2013), pp. 83–86.
3 A/RES/66/288, paragraphs 163–168.
4 E.g. Gjerde et al. (2016), p. 46.
5 The General Assembly established an Ad Hoc Open-ended Informal Working Group to study
issues relating to the conservation and sustainable use of marine biological diversity beyond
national jurisdiction (A/RES/59/24). This group worked from 2006 to 2015 (69 sessions).
6 A/RES/69/292.
7 The preparatory committee held two sessions each in 2016 and 2017; at its last session adopted its
report to the General Assembly.
8 A/RES/72/249.
444
M. Sobrido-Prieto
Biological diversity is extremely valuable, both in itself and for humanity.
1 From an
anthropocentric perspective, its value stems from so-called ecosystem services,
which are often grouped into two categories: the ecological services that make life
on this planet possible (regulation of air quality, etc.) and the socio-economic
services that are a source of food and raw materials or provide well-being (recreational activities, cultural identity, spiritual well-being, etc.).
2 However, despite its
enormous value, biological diversity is threatened. In the case of marine biodiversity,
the threat comes from multiple factors, such as abusive fishing practices (overfishing
and destructive fishing practices), alien invasive species (non-native species that
pose a threat to ecosystems, habitats or species), marine pollution (from a number of
marine and land-based sources), climate change (including ocean acidification) and,
paradoxically, some measures to fight climate change (geoengineering measures
such as ocean fertilisation).
3
Measures are required to avoid—and, where appropriate, repair—damage to the
marine environment. In areas under national jurisdiction, this task falls to the coastal
state, although that does not prevent it from assuming international commitments,
such as the Convention on Biological Diversity. In areas beyond national jurisdiction
(hereinafter, ABNJs) the strategy must necessarily be collective to be effective. But
the fact is ABNJs are not properly protected, which is no minor matter. For years,
numerous voices have warned that the conservation and sustainable use of such
marine areas are some of the most difficult and important challenges facing the
international community today.
4
After years of work,
5 in 2015 the United Nations General Assembly decided to
develop an international legally binding instrument under the United Nations Convention on the Law of the Sea (hereinafter, UNCLOS) on the conservation and
sustainable use of marine biological diversity of ABNJs.
6 It established a preparatory
committee,
7 and then, in December 2017, it convened an intergovernmental conference to elaborate the text of an international legally binding instrument.
8 The
1 For the purposes of this chapter, “biological diversity” and “ecosystem” shall be used as defined by
the Convention on Biological Diversity. On the value of biological diversity, see the Preamble.
2 For more information on this classification, specifically with regard to marine biodiversity, see:
Ribeiro (2013), pp. 83–86.
3 A/RES/66/288, paragraphs 163–168.
4 E.g. Gjerde et al. (2016), p. 46.
5 The General Assembly established an Ad Hoc Open-ended Informal Working Group to study
issues relating to the conservation and sustainable use of marine biological diversity beyond
national jurisdiction (A/RES/59/24). This group worked from 2006 to 2015 (69 sessions).
6 A/RES/69/292.
7 The preparatory committee held two sessions each in 2016 and 2017; at its last session adopted its
report to the General Assembly.
8 A/RES/72/249.
444
M. Sobrido-Prieto