Unravelling the Intricacies of Marine Biodiversity Conservation and its Sustainable Use: An Overview of Global Frameworks and Applicable Concepts

Abstract

Conservation and sustainable use of marine biodiversity under international law is marked by a myriad of treaties and soft-law instruments applicable to areas within and beyond national jurisdiction. The most relevant global treaties in this context are the United Nations Convention on the Law of the Sea, its Fish Stocks Agreement, and the UN Convention on Biological Diversity. In order to assess the state of play of conservation, including with respect to the creation of marine protected areas, and the sustainable use of marine biodiversity under international law, this chapter examines the inter-relationship between these conventions in light of recent developments in international policy and law. Some of these developments include the protection of vulnerable marine ecosystems by regional fisheries management organisations, the CBD description of ecologically or biologically significant marine areas, as well as relevant Aichi Biodiversity Targets. In this context, governance gaps, especially concerning marine biodiversity in areas beyond national jurisdiction, are also highlighted, along with opportunities for achieving and mainstreaming marine biodiversity conservation in a comprehensive manner towards sustainable development.