Biological Diversity In Areas Beyond National Jurisdiction Research Articles

The likely impact of the BBNJ Agreement on the architecture of ocean governance

In June 2023, governments agreed to a new treaty on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). Unlike most other multilateral environmental agreements that typically emerge in response to newly identified transboundary environmental issues, the BBNJ Agreement steps into an already crowded institutional landscape as a global authority with broad objectives. The challenge facing this new legal instrument is unique. It must transform the architecture of ocean governance by harmonizing existing institutions, frameworks, and bodies (IFBs) while respecting their autonomy. This study examines the numerous references to IFBs in the treaty text to shed light on how the BBNJ Agreement might affect the dynamics with and among existing IFBs. The findings suggest that the BBNJ Agreement represents a new model for multilateral environmental agreements. It relies on its capacity to orchestrate incumbent IFBs and forge a new polycentric order centered around its treaty objectives. Its institutional power is likely to be constrained by the obligation to involve relevant IFBs in its decision-making processes. But the primary strength of the BBNJ Agreement lies in the normative authority it has established. Its objectives are effectively promoted within IFBs, potentially taking precedence in the event of serious or irreversible harm to marine biodiversity. When fully implemented, the BBNJ Agreement has the potential to redefine the relationships among existing IFBs and improve their coherence for more holistic ocean governance.

Assessing the Legal Framework for Marine Protected Areas in High Seas: Challenges and Prospects under the UN BBNJ Agreement

Oceans, integral to a healthy global ecosystem, are protected partly through marine protected areas (MPAs). Despite numerous MPAs within national jurisdictions, the Areas Beyond National Jurisdiction (ABNJ) remain significantly neglected. Currently, most MPAs in ABNJ are governed by the OSPAR or CAMLR frameworks, which exhibit substantial deficiencies due to the fragmented state of international laws. United Nations Convention on the Law of the Sea (UNCLOS), for instance, offers limited provisions for ABNJ. To address these legislative gaps, negotiations for the Biodiversity Beyond National Jurisdiction (BBNJ) were initiated, leading to the successful adoption of the BBNJ Agreement in March 2023. This paper critically examines the existing regional treaties overseeing high-seas MPAs and explores the innovative approaches introduced by the BBNJ Agreement for the conservation and sustainable use of marine biological diversity in ABNJ. The analysis concludes that the BBNJ Agreement provides a more comprehensive and sustainable management framework for high-seas MPAs, thus effectively overcoming the limitations inherent in regional treaties.

Overlapping and fragmentation in the protection and conservation of the marine environment in areas beyond national jurisdiction

Marine areas beyond national jurisdiction (ABNJ) are under the growing threat of cumulative anthropogenic impacts including fishing, shipping, energy extraction, certain forms of marine scientific research, and the imminent deep seabed mining that prefigure a critical scenario in terms of biodiversity loss and environmental degradation. This article offers a contribution to the discussion on the best approaches to effectively implement environmental protection and conservation in ABNJ, also in the light of ongoing intergovernmental negotiations on the conclusion of an agreement implementing the United Nations Convention on the Law of the Sea on the conservation and sustainable use of biological diversity in ABNJ. The paper first analyzes the current legal gaps in the protection and conservation of ABNJ and the tools developed by some regional and universal regimes to preserve vulnerable marine ecosystems. It then presents two case studies, relating to hydrothermal vent fields of the Mid Atlantic Ridge (Lost City) and the South-West Indian Ridge (Longqi field) to discuss the fragmentation of the legal regimes applicable to ABNJ as well as the difficult cooperation among the regional, global and sectoral frameworks involved in their governance. The case studies show that a coordination mechanism, based on mutual recognition of the protection and conservation measures taken by each competent organization in a specific field, is of utmost urgency. Only a more structured system of cooperation among States and international organizations, that the new implementation agreement will hopefully develop, will allow for the identification of the most appropriate tools for the protection of a given marine area from the cumulative impacts of human activities.

On the occasion of the 30th anniversary of Fisheries Oceanography

I would like to express my sincere congratulations on the 30th anniversary of the founding of Fisheries Oceanography. At that time, Professor T. R. Parsons of the University of British Columbia, Canada, and Professor Takashige Sugimoto of the Ocean Research Institute of the University of Tokyo led the preparations for the establishment of an international academic journal “Fisheries Oceanography (FOG)” with the aim of deepening the discipline of fisheries oceanography on a global scale. The Japanese Society of Fisheries Oceanography (JSFO) defines the main research areas of fisheries oceanography as (1) oceanographic conditions that define the distribution of fishery-useful species, (2) oceanographic tools for estimating the abundance of target species and the productivity of fishing grounds, (3) oceanographic conditions for predicting changes in distribution and abundance, and (4) oceanographic contributions to the enhancement and development of fishery productivity. There were growing expectations for the establishment of an international academic journal that would meet these requirements. Prior to the journal establishment, JSFO held the 30th Anniversary Symposium “Promising Fisheries Oceanography in Japan” in Japan in 1991, and in 1986, the 25th Anniversary Symposium “Fisheries and Fisheries Oceanography in the Coming Century” was held in Tokyo, inviting Dr. D. H. Cushing (UK) and Dr. R. Lasker (USA) as keynote speakers. These symposia gave the momentum to publish the journal with an association in Japan. In the end, FOG was first published by Blackwell Scientific Publications (UK) in 1992 with JSFO as the sponsoring association. Now published by John Wiley & Sons, FOG has been the international journal of the JSFO since 2001. At that time, I had just started my research career and I remember that I had been supporting Professor Sugimoto in his efforts to encourage more important and cutting-edge papers to be submitted to the journal and to develop it into a high-level international academic journal. On this occasion of the 30th anniversary of FOG, it is with great emotion that I address you as the President of JSFO. Researchers in fisheries oceanography are expected to develop research related to both fisheries and the ocean that is closely linked to the field of fishing, and FOG has the scent of fish and the scent of the ocean. FOG is a unique international academic journal, and it can be said to be an international academic journal that was inspired by Professor Michitaka Uda, the first president of the JSFO. The FOG not only strives for the exploration of fisheries oceanography as a basic science but has also made a great contribution to the development of fisheries oceanography by producing many talented human resources to educational/research institutions, government agencies, and industry. Many Japanese fisheries oceanographers have contributed to FOG, and I am very proud to be one of them. On the other hand, the current situation surrounding the oceans is changing dramatically, as exemplified by the marine litter/plastic problem, the development of marine renewable energy, and global warming. In addition to exploring the universal principles of the natural world, there is an increasing need to develop research that integrates natural science with social science, such as international maritime law and ocean policy, in order to solve the various problems facing human society. Furthermore, in addition to the exclusive economic zone (EEZ), a new marine legal order, such as the marine biological diversity of areas beyond national jurisdiction (BBNJ), is being sought, which will contribute to conservation of biological diversity, but may make free and open research even more difficult because many countries relate to the order and regulate each other too much, even for purely basic scientific inquiry. FOG is expected to continue to make a significant role to the development of fisheries oceanography, but it will also be required to conduct research that directly contributes to measures for the sustainable use of marine living resources. The Japanese Society of Fisheries Oceanography will celebrate its 60th anniversary in 2022. The JSFO is committed to contributing to the further development of Fisheries Oceanography, and we hope that FOG will continue to be a bridge that connects fisheries oceanographers around the world. At the end of this article, I would like to wish FOG continued success.

Incorporating Traditional Ecological Knowledge into Science under the Law of the Sea via the Arctic Ocean Governance

Abstract As indicated in Goal 14 of the Sustainable Development Goals, the international community tackles marine biodiversity and ecosystem conservation. However, the information on such biodiversity and ecosystems is limited compared to terrestrial conservation. Therefore, global ocean governance needs to acquire such knowledge and situate this knowledge into the decision-making process. In more recent contexts, the scientific approach is gaining acceptance. Meanwhile, the international movement towards human rights protection has gained strength and respect for diversity has also been confirmed. In this tendency, it is natural that the international community seeks to incorporate the ecological knowledge derived from the experience of various actors, so-called Traditional Ecological Knowledge (TEK), into the global ocean governance. This tendency is quite strong in the Arctic, where scientific evidence has not accumulated, and many people live with TEK. Therefore, the framework to harmonise science with TEK in the Arctic Ocean is a worthy model for the rest of waters in the globe. For this purpose, the paper examined three agreements: the Agreement on Enhancing International Arctic Scientific Co-operation (Science Agreement), the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOFA), and the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ) Agreement, a universal treaty.

Implications of existing capacity building efforts for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction: A case study of Japan

Capacity building and the transfer of marine technology (CB&TT) are key parts of negotiations at Intergovernmental Conferences on an international legally binding instrument regarding the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). Throughout the negotiations, divergent views persisted among governments. One possible reason for such a situation is the lack of comprehensive understanding of existing CB&TT efforts. In this case study, we assessed how these existing efforts could contribute to capacity building for the effective implementation of a newly proposed BBNJ agreement. A review of CB&TT projects implemented by Japanese organizations showed that there was a significant amount of efforts relevant to BBNJ (157 cases between 2010 and 2020, which cost about USD 4.3 billion in total). We also found that many of them provided platforms that could be applied to CB&TT for BBNJ. However, projects specifically tailored for BBNJ were still limited. Furthermore, there were several lessons from existing efforts that could provide useful insights for future initiatives. Given a higher priority of many countries to coastal areas and the exclusive economic zone, new capacity building should focus on not only areas beyond national jurisdiction, but also the other areas to manage the ocean as a whole. Lastly, recommendations are advanced to the UN member states on discussing how to build future initiatives of CB&TT upon existing efforts.

Marine Biodiversity Negotiations During COVID-19: A New Role for Digital Diplomacy?

AbstractMeasures related to the COVID-19 pandemic have indefinitely postponed in-person formal international negotiations for a new legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). As a result, online initiatives have emerged to keep informal dialogue ongoing among both state and nonstate actors. To continue our research on the BBNJ process, we adapted our methodology and conducted a survey in May 2020 exploring the impact of COVID-19 on respondents’ BBNJ-related work and communication. This research note identifies online initiatives and communication channels set up to maintain negotiation momentum and examines the challenges and opportunities of digital diplomacy for multilateral environmental agreement making, as well as the study thereof. We discuss future avenues for global environmental politics research and conclude that digital ethnographies provide an entry point to study some of these dynamics but need to be adapted to the study of negotiation settings and the specific context of multilateral environmental diplomacy.

Marine Genetic Resources in Areas Beyond National Jurisdiction: Promoting Marine Scientific Research and Enabling Equitable Benefit Sharing

Growing human activity in areas beyond national jurisdiction (ABNJ) is driving increasing impacts on the biodiversity of this vast area of the ocean. As a result, the United Nations General Assembly committed to convening a series of intergovernmental conferences (IGCs) to develop an international legally-binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity of ABNJ [the biodiversity beyond national jurisdiction (BBNJ) agreement] under the United Nations Convention on the Law of the Sea. The BBNJ agreement includes consideration of marine genetic resources (MGR) in ABNJ, including how to share benefits and promote marine scientific research whilst building capacity of developing states in science and technology. Three IGCs have been completed to date with the fourth delayed by the Covid pandemic. This delay has allowed a series of informal dialogues to take place between state parties, which have highlighted a number of areas related to MGR and benefit sharing that require technical guidance from ocean experts. These include: guiding principles on the access and use of MGR from ABNJ; the sharing of knowledge arising from research on MGR in ABNJ; and capacity building and technology transfer for developing states. In this paper, we explain what MGR are, the methods required to collect, study and archive them, including data arising from scientific investigation. We also explore the practical requirements of access by developing countries to scientific cruises, including the sharing of data, as well as participation in research and development on shore whilst promoting rather than hindering marine scientific research. We outline existing infrastructure and shared resources that facilitate access, research, development, and benefit sharing of MGR from ABNJ; and discuss existing gaps. We examine international capacity development and technology transfer schemes that might facilitate or complement non-monetary benefit sharing activities. We end the paper by highlighting what the ILBI can achieve in terms of access, utilization, and benefit sharing of MGR and how we might future-proof the BBNJ Agreement with respect to developments in science and technology.

The Adjacency Doctrine in the Negotiation of BBNJ: Creeping Jurisdiction or Legitimate Claim?

Adjacency, notwithstanding its status as a basis for generating maritime entitlements, has no place as a principle under the existing law of the sea. To endow it with such status in the negotiation of an agreement for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ) is likely to upset the delicate balance between the rights of coastal states and those of the international community, which is essential to the widespread acceptance of United Nations Convention on the Law of the Sea (UNCLOS). This article argues that the access regime for marine genetic resources (MGRs) straddling the boundary between areas beyond national jurisdiction (ABNJ) and areas within national jurisdiction (AWNJ) should be location based, and adjacent coastal states should not be accorded preferential rights in the distribution of benefits. However, due regard should be paid to the rights and legitimate interests of adjacent coastal states when transboundary impacts may result from measures adopted for and activities conducted in ABNJ, including those that directly affect MGRs straddling the boundary between ABNJ and AWNJ. At the procedural level, coastal states should be allowed to participate, primarily through prior notification and consultation, in the adoption of area-based management tools (ABMTs) in ABNJ and the conduct of environmental impact assessment (EIA) with respect to activities therein.

The Voice of Science on Marine Biodiversity Negotiations: A Systematic Literature Review

Over one hundred governments are currently negotiating a new legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). The new agreement is to address four broad themes: marine genetic resources (MGRs); area-based management tools (ABMTs), including marine protected areas (MPAs); environmental impact assessments (EIAs); and capacity building and the transfer of marine technology (CB&TT). Although a large corpus of scientific BBNJ literature exists, a comprehensive overview and critical analysis of the academic debate is currently missing. This systematic review seeks to fill this gap by examining the main priority topics and recommendations in a sample of 140 multidisciplinary, geographically diverse publications. As an up-to-date summary and analysis, it is intended for researchers from diverse academic disciplines in the natural and social sciences, policy-makers, and practitioners. It untangles the complex BBNJ negotiations, highlights the policy relevance of existing work, and facilitates links between science, policy, and practice. It presents recommendations made in the literature sample for each of the four package elements of the future treaty and identifies four overarching themes: ocean connectivity, institutional design, the role of science, and digital technology. This paper identifies two important gaps that need to be addressed if we are to conserve marine biodiversity in international waters: the science-policy interfaces and the need for transformative change.

Technology Transfer for the High Seas: Potential Modalities for Technology Transfer Under the International Legally Binding Instrument

The high seas, also known as areas beyond national jurisdiction (ABNJ), account for 64% of the total surface of the ocean, almost 90% of the ocean’s volume and 40% of the entire planetary surface. This vast environment increasingly bears the stamp of human economic activity, including shipping, fishing and prospecting for seabed resources. At the time time, the interrelated phenomena of climate change and ocean acidification are exerting new pressures on high seas biological diversity and habitats. There is an urgent and growing need to protect this environment. In recognition of these challenges, the UN General Assembly has launched a process to negotiate a new treaty for high seas protection; specifically, an international legally binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). This process, the fruit of more than a decade of informal discussions, entered the intergovernmental negotiation phase in 2018. While much remains unclear about the contours of the emerging deal and its prospects for adoption, the mandate for negotiation identifies an integral role for technology. The four pillars of the planned agreement are marine genetic resources; area-based management tools; environmental impact assessments; and capacity-building and technology transfer. The necessity of greater international cooperation on marine technology transfer has been broadly recognised. The challenge of negotiating technology transfer rules and modalities are particularly great in the context of ocean governance, which has to date seen but limited implementation in this field.

Institutional arrangements in a BBNJ treaty: Implications for Arctic marine science

The aim of this article is to explore the implications for Arctic marine science of the treaty that is being negotiated under the auspices of the United Nations for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ) from the perspective of the necessary institutional arrangements. Given that the institutional architecture will be crucial to the successful implementation of the resulting treaty, this article examines the approaches to institutional arrangements as they relate to the discussions leading to the commencement of the BBNJ intergovernmental conference, developments at the intergovernmental conference, and their implications for Arctic marine science. The Arctic perspective is of particular interest because Arctic States and other States with significant interests in the Arctic have been largely skeptical of, and in some cases resistant to, the BBNJ process. This article concludes that although the BBNJ treaty negotiations provide a challenge to regional, sectoral, and national actors in the Arctic, they also provide an opportunity for these actors if the resulting treaty includes robust institutional arrangements that create mechanisms for greater integration and coordination of marine science, particularly Arctic marine science.

Reflecting on the Role of the Arctic Council vis-à-vis a Future International Legally Binding Instrument on Biodiversity in Areas Beyond National Jurisdiction

Negotiations are ongoing to develop an international legally binding instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). If adopted, the ILBI will likely apply to parts of the Arctic Ocean where the Arctic Council has played an important role for ocean governance. This begs the question of what role the Arctic Council will play vis-à-vis a future ILBI, which is envisioned to “not undermine existing relevant legal instruments and frameworks and relevant global, regional and sectoral bodies” (UN General Assembly Resolution 72/249). Against this backdrop, this article reflects on the future relationship between the Arctic Council and the ILBI. In so doing, the article initially discusses possible meanings of the notion of not undermining and, more broadly, how the ILBI will likely determine its institutional relationship with relevant bodies for BBNJ. Based on that, the article provides a short overview of the role of the Arctic Council in Arctic Ocean governance and explores whether the Arctic Council would qualify as a relevant regional body that shall not be undermined by the future ILBI.

Access to Marine Genetic Resources (MGR): Raising Awareness of Best-Practice Through a New Agreement for Biodiversity Beyond National Jurisdiction (BBNJ)

Better knowledge of the little known deep sea and areas beyond national jurisdiction (ABNJ) is key to conservation, an urgent need in light of increasing environmental change. Access to marine genetic resources (MGR) for the biodiversity research community to allow these environments to be better characterised is therefore essential. Negotiations have commenced under the auspices of the United Nations Convention on the Law of the Sea (UNCLOS) to develop a new treaty to further the conservation and sustainable use of marine biological diversity in ABNJ. It is timely to consider the relevant issues with the development of the treaty underway. Currently uncertainties surround the legal definition of MGR and scope of related benefit-sharing, against a background of regional and global governance gaps in ABNJ. These complications are mirrored in science, with recent major advances in the field of genomics, but variability in handling of the resulting increasing volumes of data. Here we attempt to define the concept of MGR from a scientific perspective, review current practices for the generation of and access to MGR from ABNJ in the context of relevant regulations, and illustrate the utility of best-practice with reference to recent examples. We contribute recommendations with a view to strengthen best-practice in accessibility of MGR, including: funder recognition of the central importance of taxonomy; support of museums/collections for long-term sample curation; open access to data; usage and further development of globally recognised data standards and existing platforms; publishing of datasets via open-access, quality controlled and standardised data systems and open access journals; commitment to best-practice workflows; a global registry of cruises; and lastly development of a clearing house to further centralised access to the above. We argue that commitment to best-practice would allow greater sharing of MGR for research and extensive secondary use including conservation and environmental monitoring, and provide an exemplar for access and benefit-sharing (ABS) to inform the biodiversity beyond national jurisdiction (BBNJ) process.

A new perspective on marine biological diversity of areas beyond national jurisdiction (BBNJ): Making use of area-based management tools (ABMTs), including marine protected areas (MPAs)

A new perspective on marine biological diversity of areas beyond national jurisdiction (BBNJ): Making use of area-based management tools (ABMTs), including marine protected areas (MPAs)

Agreeing to disagree on what we have or have not agreed on: The current state of play of the BBNJ negotiations on the status of marine genetic resources in areas beyond national jurisdiction

United Nations General Assembly Resolution 69/292 has committed States to develop an international legally binding instrument under the 1982 United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). The instrument must address a ‘package deal’ including questions relating to access and benefit sharing in relation to marine genetic resources (‘MGRs’) in areas beyond national jurisdiction (‘ABNJ’). This paper examines the recommendations to the UN General Assembly of the recently convened Preparatory Committee (Prep-Comm) to negotiations of the international instrument relating to MGRs. It examines the less controversial issues which in the words of the Prep Comm includes “non-exclusive elements that generated convergence among most delegations” and notes significant areas of agreement and some consequences of agreement on those points. This includes the preamble to the proposed instrument, its geographical scope, material scope, relationship to UNCLOS and other instruments and frameworks (globally and regionally). The second part of the paper then goes on to examine in detail some of the main issues on which there is a divergence of views including the ideological divide over the purported common heritage of mankind status of such resources, regulating access, the nature of the resources covered by the proposed instrument, what benefits are to be shared, the relationship with intellectual property rights and monitoring of the utilization of MGRs in ABNJ.

Marine Technology Transfer under a BBNJ Treaty: A Case for Transnational Network Cooperation

Our ability to protect and sustainably use the high seas is ultimately subject to our ability to understand this vast and remote environment. The success of an international legally binding instrument (ILBI) for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) will depend, in part, on utilizing technology to access ocean life, to analyze it, and to implement measures for its conservation and sustainable use. Indeed, technology, broadly defined, is integral to meeting the ILBI's objectives: not just the mandate to address “capacity-building and the transfer of marine technology,” but also the sustainable use and conservation of marine genetic resources, the implementation of environmental impact assessments, and biodiversity conservation measures such as area-based management tools. To maximize marine technology deployment to protect marine biodiversity in areas beyond national jurisdiction, transferring technology to developing countries will be critical. Provisions for the transfer of technology, generally from developed to developing countries, are included in many international environmental agreements and declarations, but these provisions have often proven difficult to implement. Part of the difficulty is that the relevant technology is dispersed among states; universities, research institutes and other nonstate actors; and private industry. The particular challenge in crafting an ILBI is, as the European Union has identified, to avoid repeating existing provisions and instead to “focus on added value.” One opportunity for an ILBI to add value on technology transfer is to further develop a network model to facilitate marine technology transfer.

Biodiversity Beyond National Jurisdiction: Regimes and Their Interaction

International efforts to better conserve the marine biological diversity of areas beyond national jurisdiction (BBNJ) through a new international legally binding instrument1 are developing in a context of established norms and institutions. Existing regimes already address specific marine sectors (such as shipping), regions (such as fishing in the South East Atlantic), species (such as whales), and even underlying customary international law and territorial concepts (including the boundaries of the “high seas”2). States have agreed that they will not “undermine” these existing frameworks.3 We seek to contextualize this commitment within the fragmentation of international law and the interaction between regimes.4 We argue that international law-making should not be overly restricted by deference to existing competencies and mandates, which are fluid and asymmetrically supported. An inclusive and adaptive approach to existing and future institutions is vital in the ongoing quest for integrated and effective oceans governance.

Managing Biodiversity Beyond National Jurisdiction in the Changing Arctic

The development of an Internationally Binding Legal Instrument (ILBI) for the conservation and sustainable management of marine biological diversity in areas beyond national jurisdiction (BBNJ) has profound implications for the future regulatory activities of a host of regional governance structures exercising competence over these waters. In the rather stilted vernacular of the BBNJ Process, the ILBI aspires to “not undermine” the work of preexisting institutions and initiatives. Inevitably, given the emphasis upon future institutional symbiosis, a key challenge facing the ILBI is to promote its four thematic priorities—marine genetic resources, area-based management tools, environmental assessment, and capacity building and technology transfer—in a manner that can be effectively harnessed by current regional and sectoral frameworks. One region in which the intriguing set of challenges and opportunities presented by the ILBI are strikingly manifested is the Arctic. Some have argued for a regional treaty or clearer recognition of the “special” nature of Arctic conditions. However, we view the ILBI as a potential milestone in Arctic governance that can provide a firm platform to build on current cooperative arrangements for these vulnerable and rapidly changing marine ecosystems. Moreover, we argue that the present legal and institutional framework for the Arctic need not be revisited at this juncture, as it provides a strong regime through which to implement the core objectives of the ILBI. Its ability to do so, however, will depend on whether the ILBI (1) is effectively designed to work with preexisting machinery and (2) succeeds in clarifying and advancing universally-agreed methodological requirements for its four priority areas.

Deep-sea genetic resources: New frontiers for science and stewardship in areas beyond national jurisdiction

The deep-sea is a large source of marine genetic resources (MGR), which have many potential uses and are a growing area of research. Much of the deep-sea lies in areas beyond national jurisdiction (ABNJ), including 65% of the global ocean. MGR in ABNJ occupy a significant gap in the international legal framework. Access and benefit sharing of MGR is a key issue in the development of a new international legally-binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS) for the conservation and sustainable use of marine biological diversity in ABNJ. This paper examines how this is relevant to deep-sea scientific research and identifies emerging challenges and opportunities. There is no internationally agreed definition of MGR, however, deep-sea genetic resources could incorporate any biological material including genes, proteins and natural products. Deep-sea scientific research is the key actor accessing MGR in ABNJ and sharing benefits such as data, samples and knowledge. UNCLOS provides the international legal framework for marine scientific research, international science cooperation, capacity building and marine technology transfer. Enhanced implementation could support access and benefit sharing of MGR in ABNJ. Deep-sea scientific researchers could play an important role in informing practical new governance solutions for access and benefit sharing of MGR that promote scientific research in ABNJ and support deep-sea stewardship. Advancing knowledge of deep-sea biodiversity in ABNJ, enhancing open-access to data and samples, standardisation and international marine science cooperation are significant potential opportunity areas.