Unconventional Lawmaking in the Law of the Sea and Area-based Conservation Measures

Abstract

Abstract This chapter explores unconventional lawmaking in the context of area-based protection of the marine environment. It notes that, by necessity, unconventional or informal lawmaking is a relational concept and is juxtaposed against ‘formal lawmaking’, and, thus, this chapter will, briefly, begin with the formal context for area-based protection. The chapter sets out categories of unconventional lawmaking through a focus on instruments that are characterized by informality with respect to actors, processes, or outputs, but which are, nevertheless, normative in purpose and effect. It addresses measures adopted by regional fisheries management organizations, regional seas organizations, the IMO, and the International Seabed Authority, as well as initiatives under the Convention on Biological Diversity, and Sustainable Development Goals. The chapter further considers the potential impact of a new treaty on biodiversity beyond national jurisdiction, on current and future informal lawmaking processes related to area-based conservation.