KOSOVO’S STATEHOOD AND THE ROLE OF RECOGNITION

Abstract

Negotiations will start at the United Nations in order to draft an agreement on conservation and sustainable use of marine biological diversity beyond national jurisdiction. It will address, together and as a whole, marine genetic resources, including questions on the sharing of benefits, area-based management tools, including marine protected areas, environmental impact assessments, capacity building and transfer of marine technology. The new agreement would fill certain gaps currently existing in the United Nations Convention on the Law of the Sea. It could include provisions for strategic impact assessment of activities affecting the environment, the creation of a network of high seas marine protected areas of world importance and the establishment of a new regime for the exploitation of genetic resources. The question is open whether such a new regime should be based on the principle of the freedom of the seas, and in this case the very need of such a regime becomes questionable, or rather on the principle of common heritage of mankind. A third possibility involves a pragmatic approach, as proposed by the European Union and its Member States, an approach that however is still to be defined in its concrete elements.