The interaction between an Agreement on Biodiversity Beyond National Jurisdiction and the law of the sea

Abstract

The significance of the Inter-Governmental Conference (IGC) for an international legally-binding instrument for marine biodiversity of areas beyond national jurisdiction to the future of global ocean governance cannot be over-stated. This international negotiation process is being conducted under United Nations (UN) auspices and three sessions of talks have been completed to date, yielding an initial draft text, followed by a revised draft text, for the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement. Part I of this chapter conducts an initial legal assessment of the relationship between the continental shelf regime beyond 200 nautical miles (nm) and the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement/Instrument that is currently being negotiated, using as its springboard the revised draft text that was the outcome of the third IGC session. This chapter will be devoted to analysis of the interaction between the proposed inclusion and application of the principle of Environmental Impact Assessment (EIA), alongside related principles such as Strategic Environmental Assessment (SEA) and techniques such as Marine Protected Areas (MPAs) and other Area-Based Management Tools, within the provisions in the revised draft text for the proposed BBNJ Agreement. In doing so, this paper will apply the same analytical framework, perspective and approach found in Part I of the Chapter on the Interaction between an Agreement on Biodiversity Beyond National Jurisdiction and International Environmental Law.