3.4 Contribution of International Organisations
to Biodiversity in ABNJs
As already noted, states can attribute—to a greater or lesser extent—the exercise of
their powers to an international organisation. Therefore, they can also attribute the
exercise of their powers as a flag state.
The same scheme is not followed in all regions, but broadly the international
organisations with competence to contribute to the protection of biodiversity in
ABNJs are those that deal with fishing (RFMOs), maritime and air traffic (International Maritime Organization, International Civil Aviation Organization), mining
exploitation (International Seabed Authority), and environmental protection.
As regards the North East Atlantic, the international organisation empowered to
establish MPAs beyond national jurisdiction is OSPAR.
101 This organisation has
identified the following organisations/agreements as competent to contribute to its
task of protecting the biodiversity and ecosystems in the ABNJ.
102 With regard to
living resources, it has identified NEAFC, some organisations related to specific
species (small cetaceans, tunas, whales and salmon), and the advisory organisation
International Council for the Exploration of the Sea. With regard to maritime and air
traffic, it has identified the International Civil Aviation Organization and the International Maritime Organization. With regard to mining, it has identified the International Seabed Authority, with regard to pollution, the London Convention and
Protocol, and with regard to marine scientific research, the Intergovernmental
Oceanographic Commission. Finally, with regard to cultural heritage, it has identified the United Nations Educational, Scientific and Cultural Organization.
OSPAR has signed memoranda of understanding with some of these organisations (the International Council for the Exploration of the Sea in 1995, revised in
2006; the International Seabed Authority in 2011; the North Atlantic Salmon
Conservation Organization in 2013), as well as cooperation agreements with the
International Maritime Organization (in 1998) and NEAFC (in 2014).
103 The agreement with NEAFC has been a collective arrangement since 2014 and is thus entitled
“Collective Arrangement between competent international organisations on cooperation and coordination regarding selected areas in areas beyond national jurisdiction
in the North-East Atlantic”. It has been adopted by OSPAR and NEAFC, but aims
for wider participation by all competent organisations and bodies.
As noted earlier, the proposal for an OSPAR Arctic Ice High Seas MPA was
rejected. It is worth noting here, to the extent that it raised an issue of competence.
101 Molenaar and Oude Elferink (2009), pp. 5–20.
102 OSPAR’s Regulatory Regime for establishing Marine Protected Areas (MPAs) in Areas Beyond
National Jurisdiction (ABNJ) of the OSPAR Maritime Area. Meeting of the OSPAR Commission,
22–26 June 2009, Annex 6 (Ref. §6.13c), pp. 6–7.
103 On memoranda of understanding and cooperation arrangements between OSPAR and
other organisations, see: https://www.ospar.org/about/international-cooperation/memoranda-ofunderstanding.
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to Biodiversity in ABNJs
As already noted, states can attribute—to a greater or lesser extent—the exercise of
their powers to an international organisation. Therefore, they can also attribute the
exercise of their powers as a flag state.
The same scheme is not followed in all regions, but broadly the international
organisations with competence to contribute to the protection of biodiversity in
ABNJs are those that deal with fishing (RFMOs), maritime and air traffic (International Maritime Organization, International Civil Aviation Organization), mining
exploitation (International Seabed Authority), and environmental protection.
As regards the North East Atlantic, the international organisation empowered to
establish MPAs beyond national jurisdiction is OSPAR.
101 This organisation has
identified the following organisations/agreements as competent to contribute to its
task of protecting the biodiversity and ecosystems in the ABNJ.
102 With regard to
living resources, it has identified NEAFC, some organisations related to specific
species (small cetaceans, tunas, whales and salmon), and the advisory organisation
International Council for the Exploration of the Sea. With regard to maritime and air
traffic, it has identified the International Civil Aviation Organization and the International Maritime Organization. With regard to mining, it has identified the International Seabed Authority, with regard to pollution, the London Convention and
Protocol, and with regard to marine scientific research, the Intergovernmental
Oceanographic Commission. Finally, with regard to cultural heritage, it has identified the United Nations Educational, Scientific and Cultural Organization.
OSPAR has signed memoranda of understanding with some of these organisations (the International Council for the Exploration of the Sea in 1995, revised in
2006; the International Seabed Authority in 2011; the North Atlantic Salmon
Conservation Organization in 2013), as well as cooperation agreements with the
International Maritime Organization (in 1998) and NEAFC (in 2014).
103 The agreement with NEAFC has been a collective arrangement since 2014 and is thus entitled
“Collective Arrangement between competent international organisations on cooperation and coordination regarding selected areas in areas beyond national jurisdiction
in the North-East Atlantic”. It has been adopted by OSPAR and NEAFC, but aims
for wider participation by all competent organisations and bodies.
As noted earlier, the proposal for an OSPAR Arctic Ice High Seas MPA was
rejected. It is worth noting here, to the extent that it raised an issue of competence.
101 Molenaar and Oude Elferink (2009), pp. 5–20.
102 OSPAR’s Regulatory Regime for establishing Marine Protected Areas (MPAs) in Areas Beyond
National Jurisdiction (ABNJ) of the OSPAR Maritime Area. Meeting of the OSPAR Commission,
22–26 June 2009, Annex 6 (Ref. §6.13c), pp. 6–7.
103 On memoranda of understanding and cooperation arrangements between OSPAR and
other organisations, see: https://www.ospar.org/about/international-cooperation/memoranda-ofunderstanding.
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