Chapter 41 - Incorporating the dynamic and connected nature of the open ocean into governance of marine biodiversity beyond national jurisdiction

Abstract

The conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ) are dependent on governance that can account for the nature of the systems therein. Pelagic open ocean ecosystems in ABNJ are characterized by their dynamism and the connectivity it generates. With increasing impacts being felt from both resource extraction and climate change, the need for comprehensive (i.e., geographically and taxonomically) and nimble governance structures in ABNJ has reached a critical juncture. The negotiations over a new international legally binding instrument for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ) provide a mechanism to ensure that ABNJ governance is fit-for-purpose. Here we review the characteristics of open ocean ecosystems and discuss the implications of those characteristics on three elements of the BBNJ negotiations: area-based management tools, environmental impact assessments, and capacity building and technology transfer.