HIGH SEAS

eLibrary HIGH SEAS Version 1 (August 2022)

The High Seas: Beyond the Boundaries of National Jurisdictions

August 2022 was supposed to be the final session in a five-year effort to clinch a treaty that would control the exploitation of resources on the high seas, that cover 50% of the planet. The effort failed, perhaps predicably, over money – the sharing of possible profits gained from developing genetic resources in international waters. Not many news outlets rushed to report it. This e-Library provide the official documentation and the (free)online resources from the past five-years to view the issues at stake.

France 24, 26.8.2022

The Nature Conservancy, 27.8.2022

Al Jazeera, 27.8.2022

The Daily Star, 28.8.2022

Official Documents Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction

President’s Aid to Discussions 25.6.2018 (15pp)

Statements delivered at the First Session

Statement by the President of the conference at the closing of the first session 20.9.2018 (25pp)

IISD, Summary of the First Session of the Intergovernmental Conference on an International Legally Binding Instrument under the UN Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction: 4-17 September 2018, Earth Negotiations Bulletin, 25,179, 20.9.2018 (18pp)

Presidents Aid to the Negotiations 3.12.2018 (64pp) Other languages

Statements delivered at the Second Session

Statement by the President of the Conference at the closing of the second session  18.4.2019 (24pp) Other languages

Draft Text of an Agreement. Note by the President 17.5.2019 (46pp) Other languages

Statement by the President of the conference at the closing of the third session 13.9.2019 (23pp) Other languages

Statements delivered at the Third Session

Revised Draft Text of an Agreement 18.11.2019 (45pp)

Revised Draft Text of an Agreement 27.11.2019 (48pp)

Textual proposals submitted by delegations for consideration at the fourth session 15.4.2020 (404pp) Article-by article (409pp)

Statements delivered at the Fourth Session

Report of the Conference 14.4.2022 (15pp)

Further revised draft text of an agreement 1.6.2022 (56pp) Other languages

Textual proposals submitted for consideration at the fifth session 1.8.2022 (252pp) Other languages

Further revised draft text of an agreement 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, Fifth session New York, 15–26 August 2022 (56pp)

2022

Amon, D.J., e,a, ‘My deep sea, my backyard: A pilot study to buildcapacity for global deep-ocean exploration and research’, Philosophical Transactions of the Royal Society of London, Series B: Biological Sciences, 2022, 1-13.

Aseeva, A. ‘Rethinking Conservation of Marine Biodiversity Beyond National Boundaries: Justice, Property, and the Commons’, Georgetown Environmental Law Review, 2022, 443-487.

FAO FAO and the marine biological diversity beyond national jurisdiction (BBNJ) process (36pp)

Harden Davies, H. e.a. ‘How can a new UN ocean treaty change the course of capacity building?’, Aquatic Conservation, 32, 5, 2022, 907-912.

Sargasso Sea Commission, Governance of High Seas Ecosystems: Big Data & AI, (59pp)

Tessnow-von Wysocki, I and Vadrot, A.B.M. ‘Governing a Divided Ocean: The Transformative Power of Ecological Connectivity in the BBNJ negotiations’, Politics and Governance, 10, 3, 2022, 14-27.

WEF, Why an international treaty for the high seas is crucial to biodiversity, WEF 7.3.2022

WWF Establishing Marine Protected Areas in Areas beyond National Jurisdiction. A WWF Brief for Governments Ahead of IGC 4, 2022 (47pp).

2021

Banshchikova, I. International environmental treaty-making. The future of the UN BBNJ Treaty.MA Thesis, Univ Oregon, June 2021 (171pp)

Rogers, A.D., e.a. ‘Marine Genetic Resources in Areas Beyond National Jurisdiction: Promoting Marine Scientific Research and Enabling Equitable Benefit Sharing,’, Frontiers in Marine Science, 8, 2021, 1-22.

Scott, K. ‘The BBNJ Agreement: Strengthening the Oceans-Climate Nexus?’ Book Chapter, 2021 (14pp)

Vadrot, A.B.M., Langlet, A. and Tessnow-von Wysocki, I.,’Who owns marine biodiversity? Contesting the world order through the‘common heritage of humankind’ principle’, Environmental Politics, 31, 2, 2021, 226-250.

2020

Clark, Nichola A. “Institutional arrangements for the new BBNJ agreement: Moving beyond global, regional, and hybrid.” Marine Policy 122 (2020): 104143.

De Santo, E,M., e.a. ‘Stuck in the middle with you (and not much time left): The third intergovernmental conference on biodiversity beyond national jurisdiction’, Marine Policy, 117, 2020, 1-9.

Harden-Davies, H. e.a. Science in Small Island Developing States: Capacity Challenges and Options relating to Marine Genetic Resources of Areas Beyond National Jurisdiction, University of Woolongon, 2020

Nichels. P.P. ‘Revisiting Bioprospecting in the Southern Ocean in the Context of the BBNJ Negotiations’ Ocean Development and International Law, 51,3, 2020, 193-216.

O’Leary, B.C., e.a. ‘Options for managing human threats to high seas biodiversity’, Ocean and Coastal Management, 17, 2020, 1-11

Payne, C.R. ‘Negotiation and Dispute Prevention in Global Cooperative Institutions: International Community Interests, IUU Fishing, and the Biodiversity Beyond National Jurisdiction Negotiation’, International Community Law Review, 22, 2020, 248-438

PEW A Path to Creating the First Generation of High Seas Protected Areas (42pp)

Tessnow-von Wysocki, I. and Vadrot, A.B.M. ‘The Voice of Science on Marine Biodiversity Negotiations: A Systematic Literature Review’, Frontiers in Marine Science, 1-29

Workshop and side events report: biodiversity beyond national o jurisdiction: Towards the development of a balanced, effective and universal international agreement. World Maritime University, 2020 (81pp)

2019

Barnes, R.A. ‘Fisheries and ABNJ: Advancing and Enhancing Cooperation’, SSRN Electronic Journal, January 2019, 20pp

Brooks, H,. e.a. A Marine Spatial Planning Framework for Areas Beyond National Jurisdiction, UN Global Environment facility, 2019, (48pp)

Crespo, G.O. e.a. ‘High-seas fish biodiversity is slipping through the governance net’, Nature, ecology and Evolution, 2019

Freestone, D. ‘Marine Biodiversity in Areas Beyond National Jurisdiction’, in International Ocean Institutem (ed) The Future of Ocean Governance and Capacity Development, 2019, 51pp

Leary, D, ‘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’, Marine Policy, 99, 2019, 21-29

Mendenhall, E, e.a. ‘A soft treaty, hard to reach: The second inter-governmental conference for biodiversity beyond national jurisdiction’, Marine Policy, 108, 2019, 1-8

Popova, E., e.a. (2019) ‘Ecological connectivity between the areas beyond national jurisdiction and coastal waters: Safeguarding interests of coastal communities in developing countries’, Marine Policy, 104, 2019, 90–102.

Rabone, M., e.a ‘Access to marine genetic resources (MGR): Raising awareness of best-practice through a new agreement for biodiversity beyond national jurisdiction (BBNJ)’, Frontiers in Marine Science, 6, 520, 1-22.

Ricard, P., ‘Marine biodiversity beyond national jurisdiction: The launch of an intergovernmental conference for the adoption of a legally binding instrument under the UNCLOS’, Maritime Safely and Security Law Journal, 4, 2018-19, 84-102.

Tiller, R., e.a. ‘The once and future treaty: towards a new regime for biodiversity in areas beyond national jurisdiction’, Marine Policy, 99, 2019, 239-242.

2018

Gjerde, K., e.a , Conservation and Sustainable Use of Marine Biodiversity in Areas Beyond National Jurisdiction: Options for Underpinning a Strong Global BBNJ Agreement through Regional and Sectoral Governance, STRONG High Seas Project, 2018 (24pp)

Tiller R.G. and Nyman, E. ‘Ocean plastics and the BBNJ treaty—is plastic frightening enough to insert itself into the BBNJ treaty, or do we need to wait for a treaty of its own?’, Journal of Environmental Studiesand Science, 8, 8, 2018, (8pp)

Wright, G., JRochette, J. Gjerde, K and Seeger, I, The long and winding road: negotiating a treaty for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction, IDDRI Study, 8, August 2018. (82pp)

WWF WWF’s AMBITION FOR AN INTERNATIONAL LEGALLY BINDING INSTRUMENT on the Conservation and Sustainable Use of Biodiversity in Areas Beyond National Jurisdiction 2018, (18pp)

Young, M.A. and Friedman, A. ‘Biodiversity Beyond National Jurisdiction: Regimes and Their Interaction’, AJIL Unbound, 112, 2018, 123-128.

2017

FAO Common Oceans -ANBJ. Sustainable fisheries management and biodiversity conservation in Areas Beyond National Jurisdiction 2017 (12pp)

Mossop, J. ‘The relationship between the continental shelf regime and a new international instrument for protecting marine biodiversity in areas beyond national jurisdiction’, Journal of Marine Science, 75, 1, 2017, 444-450.