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Download: Brill.Com/Brill-​ ​Typeface Marine Biodiversity of Areas beyond National Jurisdiction Center for Oceans Law and Policy Edited by Myron H. Nordquist and John Norton Moore volume 24 The titles published in this series are listed at brill.com/ colp Marine Biodiversity of Areas beyond National Jurisdiction Edited by Myron H. Nordquist and Ronán Long LEIDEN | BOSTON This is an open access title distributed under the terms of the CC BY-NC-nd 4.0 license, which permits any non-commercial use, distribution, and reproduction in any medium, provided no alterations are made and the original author(s) and source are credited. Further information and the complete license text can be found at https://creativecommons.org/licenses/by-nc-nd/4.0/ The terms of the CC license apply only to the original material. The use of material from other sources (indicated by a reference) such as diagrams, illustrations, photos and text samples may require further permission from the respective copyright holder. Library of Congress Cataloging-in-Publication Data Names: Nordquist, Myron H, editor. | Long, Ronán, editor. Title: Marine biodiversity of areas beyond national jurisdiction / edited by Myron H Nordquist and Ronán Long. Description: Leiden, The Netherlands : Koninklijke Brill NV, [2021] | Series: Center for Oceans Law and Policy, 1872-7158 ; volume 24 | Includes bibliographical references and index. | Summary: “This book is based on presentations made at the 2019 Malmö Conference by many of the most knowledgeable experts on both the on-going bbnj negotiations at the United Nations and on the well-established UNCLOS principles and rules. The Malmö Conference featured remarks by distinguished diplomats followed by six parts devoted to identifying the major issues at the bbnj negotiations”– Provided by publisher. Identifiers: LCCN 2020046606 (print) | LCCN 2020046607 (ebook) | ISBN 9789004422414 (hardback) | ISBN 9789004422438 (ebook) Subjects: LCSH: Marine biodiversity conservation–Law and legislation– Congresses. | United Nations Convention on the Law of the Sea (1982 December 10) | Marine biodiversity. | Continental shelf–Law and legislation. | Law of the sea. Classification: LCC K3488.A6 M37 2021 (print) | LCC K3488.A6 (ebook) | DDC 346.04/695616–dc23 LC record available at https://lccn.loc.gov/2020046606 LC ebook record available at https://lccn.loc.gov/2020046607 Typeface for the Latin, Greek, and Cyrillic scripts: “Brill”. See and download: brill.com/brill- typeface. issn 1872- 7158 isbn 978- 90- 04- 42241- 4 (hardback) isbn 978- 90- 04- 42243- 8 (e- book) Copyright 2021 by World Maritime University. Published by Koninklijke Brill NV, Leiden, The Netherlands. Koninklijke Brill NV incorporates the imprints Brill, Brill Hes & De Graaf, Brill Nijhoff, Brill Rodopi, Brill Sense, Hotei Publishing, mentis Verlag, Verlag Ferdinand Schöningh and Wilhelm Fink Verlag. Koninklijke Brill NV reserves the right to protect this publication against unauthorized use. This book is printed on acid- free paper and produced in a sustainable manner. Contents Foreword ix Preface x Acknowledgments xiii List of Figures and Tables xiv Notes on Contributors xv Featured Remarks 1 The Journey to Realisation 3 Rena Lee 2 The United Nations Convention on the Law of the Sea in the Present Geo- Political Situation 7 Hans Corell 3 Managing High Seas through a Sui Generis 18 Arif Havas Oegroseno part 1 Context— Conservation and Sustainable Use of Biological Diversity beyond National Jurisdiction (bbnj) 4 bbnj Treaty Negotiations 2019 25 J. Ashley Roach 5 Area- Based Management Tools, Including Marine Protected Areas— Reflections on the Status of Negotiations 90 Lisa Eurén Höglund vi Contents part 2 Marine Genetic Resources, Access & Benefit Sharing 6 Benefit Sharing: Combining Intellectual Property, Trade Secrets, Science and an Ecosystem-Focused Approach 97 Marcel Jaspars and Abbe E. L. Brown 7 Biodiversity Beyond National Jurisdiction: (Intellectual) Property Heuristics 131 Siva Thambisetty part 3 Environmental Impact Assessments (eia s), Scientific Data and Databases, Sensor Technology 8 The Quest to Completely Map the World’s Oceans in Support of Understanding Marine Biodiversity and the Regulatory Barriers We Have Created 149 Larry Mayer and J. Ashley Roach 9 Mitigating Human Impacts on Marine Biodiversity Beyond National Jurisdiction: Potential Benefits of the International Legally Binding Instrument 167 Robin Warner 10 Not an Intractable Challenge: Geoengineering msr in abnj 189 Karen N. Scott part 4 Capacity Building and Transfer of Technology (cbtt) 11 Capacity Building in Marine Science–Added Value of the bbnj? 213 Alf Håkon Hoel 12 Marine Technology Transfer: Towards a Capacity-Building Toolkit for Marine Biodiversity beyond National Jurisdiction 231 Harriet Harden- Davies Contents vii part 5 Cross- Cutting Issues 13 Beholding the Emerging Biodiversity Agreement through a Looking Glass: What Capacity-Building and Gender Equality Norms Should Be Found There? 241 Ronán Long 14 A Few Words on the “Cross- Cutting Issue”—The Relationship between a bbnj Convention and Existing, Relevant Instruments and Frameworks and Relevant Global, Regional and Sectoral Bodies 273 Ted L. McDorman 15 Biodiversity beyond National Jurisdiction and the Limits of the Commons: Spatial and Functional Complexities 285 Joanna Mossop and Clive Schofield part 6 Arctic Issues: Environment, Security, Shipping 16 Non- Arctic States’ Role in the High North: Participating in Arctic Governance through Cooperation 309 Nong Hong 17 Round Two for Arctic Fishing? 331 David Dubay Index 343 Foreword The ocean is fundamental to the well-being of our planet and closely connected to many aspects of our lives. As is evident from many scientific reports, we are facing multiple crises in relation to the health of the ocean and the unsustain- ability of human activities. For this reason, the World Maritime University – Sa- sakawa Global Ocean Institute was founded and tasked with addressing some of the most pressing issues in ocean affairs and the law of the sea. The Nippon Foundation is therefore very pleased to see that the Institute is working very closely with the Center of Oceans Law and Policy at the University of Virginia School of Law along with other international partners in making a substantive contribution to the negotiation of a new treaty on biodiversity beyond national jurisdiction through this academic conference and fine volume of conference papers. Undoubtedly, this contribution will assist delegations in bringing the bbnj negotiations to a successful conclusion. We are also very pleased to see the high- level representatives that attended the conference at the World Mar- itime University from most countries and regions, including land- locked ones, and from intergovernmental organisations, business and civil society. The bbnj Agreement will require support from all of these entities when adopted. If it at- tracts universal support, it can make a big difference in how the global commu- nity addresses the environmental pressures that are exacerbating inequalities and threatening food security in some of the world’s poorest countries. These issues are so intertwined that it is crucial to build networks, with an interdis- ciplinary perspective, in order to accelerate cooperation that goes beyond the existing frameworks within countries and institutions. In that spirit, the Nip- pon Foundation has been committed to develop experts from all over the world in maritime and ocean affairs over three decades; the joint program with the un doalos is one example of our capacity building initiatives. We have been delivering training to government officials in the conservation and sustainable use of marine biodiversity beyond national jurisdiction, in order to reinforce the knowledge and capacity necessary for effective national participation in the bbnj process and to ensure the effective implementation of the new in- strument in due course. Crucially in this regard, we are delighted to see a very solid focus on capacity-building in the papers presented in this volume. This important contribution to scholarship will be welcomed worldwide by all those concerned with ocean affairs and international cooperation to ensure peace and the sustainable future of our planet for many future generations. Mr. Mitsuyuki Unno Executive Director of The Nippon Foundation Preface The 43rd Annual Conference of the Center for Oceans Law and Policy (colp) was held 14 May to 16 May 2019 at the World Maritime University Sasakawa Auditorium in Malmö, Sweden. The Conference was co- organized with the World Maritime University – Sasakawa Global Ocean Institute (wmu) under its Nippon Foundation Program. The subject discussed was the development of an internationally legally binding instrument under the United Nations Convention on the Law of the Sea (unclos) on the topic of the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (bbnj). This book is based on presentations made at the Malmö Conference by many of the most knowledgeable experts on both the on- going bbnj negotiations at the United Nations and on the well- established unclos principles and rules. The Malmö Conference featured remarks by distinguished diplomats followed by six Parts devoted to identifying the major issues at the bbnj negotiations. The lead off speaker was Ambassador Rena Lee from Singapore who serves as the elected President of the bbnj Inter- governmental Conference. She com- mented on the recently issued Intergovernmental Panel on
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