MARCH 2019 GOVERNING AREAS BEYOND NATIONAL JURISDICTION ● Nearly two-thirds of the world’s ocean lies in areas beyond national jurisdiction (ABNJ), which are home to unique species and ecosystems. ● Fragmented legal frameworks leave biodiversity in ABNJ vulnerable to growing threats. ● The degradation of biodiversity in ABNJ affects the ocean’s capacity to provide resources necessary for human survival. ● Negotiations are underway to create a new international instrument under the UN Convention on the Law, which would help close the existing ABNJ governance gap. ● A new international instrument can provide a global framework for marine protected areas in ABNJ, ensure states assess impacts of potentially harmful activities, and facilitate inclusive scientific research that enables the equitable sharing of benefits from marine genetic resources.
What is the issue? However, a sectoral approach cannot address the multiple pressures on the ocean, and the different Nearly two-thirds of the world’s ocean is beyond ways they interact. Regional approaches will not be national jurisdiction – where no single state has sufficient either given the large-scale connectivity of authority. This area reaches depths of over 10 km the marine ecosystem, including long migratory and represents 95% of the Earth’s total habitat by pathways for species such as sharks, sea turtles, volume. Areas beyond national jurisdiction (ABNJ) whales and salmon, as well as large-scale ocean are home to significant biodiversity, including unique currents. species that have evolved to survive extreme heat, cold, salinity, pressure and darkness.
The dark blue areas of the map represent areas beyond national jurisdiction Maritime zones and rights under the UN Convention on the Law of the Sea © Wikimedia Commons (UNCLOS) © Protection of the Arctic Marine Environment (PAME) and the Arctic Council Less than 0.0001 percent of this immense area has been explored, but there is evidence that ecosystems Negotiations are underway to create an Implementing and species in ABNJ have become seriously Agreement to UNCLOS, which would help close the degraded because of human activities. existing ABNJ governance gap and ensure the conservation and sustainable use of biodiversity in There is no comprehensive global framework for the these areas. conservation and sustainable use of marine areas beyond national jurisdiction to halt and prevent further degradation from human activities. Why is this important?
Scientists caution that failure to take swift and The UN Convention on the Law of the Sea effective action to address threats to biodiversity in (UNCLOS) provides an international legal regime that ABNJ could compromise the ocean’s capacity to governs the ocean. It creates an obligation to provide resources and services necessary for human conserve the marine environment, but it does not survival. Ecosystems in ABNJ are affected by the provide specific mechanisms or processes for cumulative effects of fishing, shipping and other conserving marine biodiversity in ABNJ. Other legal sectors. instruments address parts of the problem, such as unsustainable fishing or pollution from ships, or specific geographical areas, such as the Antarctic.
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© IUCN (International Union for Conservation of Nature and Natural Resources) – 28 rue Mauverney, CH-1196 Gland, Switzerland - Tel.: +41 22 999 0000 – Fax: +41 22 999 0002 GOVERNING AREAS BEYOND NATIONAL JURISDICTION MARCH 2019 Two-thirds of fish stocks in ABNJ are being fished protected areas (MPAs) – areas set aside for beyond sustainable limits. Overfishing disrupts long-term conservation – which would support marine communities and creates an imbalance ecological connectivity and climate change between species, with commercially important fishes resilience, and help preserve species and unable to replenish their stocks. ecosystems. MPAs range from strictly protected marine reserves to areas allowing sustainable Biodiversity in ABNJ is also impacted by noise and use of resources. Restriction of human activities toxic spills from ships, which can disrupt in ecologically or biologically significant areas is communication among animals and displace them an important means to prevent environmental from their preferred breeding or feeding grounds. degradation. Marine debris entangles marine animals, causing severe injuries and deaths. Emerging activities such • Equitable sharing of benefits from marine as deep-sea mining have the potential to destroy genetic resources habitats and wipe out species in ABNJ. The agreement could guide research collaborations between scientists, industry and Existing stressors are made worse by climate states involving marine genetic resources, by change, with the ocean disproportionately affected by providing procedures for access and sharing of increasing amounts of carbon dioxide and heat benefits from these resources. Facilitation of content, affecting its ability to regulate the Earth’s developing countries’ involvement in marine climate and sustain marine life. Increasing genetic research can enhance results and lead temperatures for instance are causing mass to technical advances that benefit all. movements as species search for favourable environmental conditions. • Standards for environmental impact assessments Billions of people depend on the ocean for food and Mandatory minimum standards for screening, income; and marine fisheries directly or indirectly scoping, conducting and monitoring employ over 200 million people. The vast pool of Environmental Impact Assessments (EIAs) and marine genetic resources provides innovative Strategic Environment Assessments, as well as medicines and other products to the medical and best practice guidelines for assessments, would pharmaceutical sectors. Phytoplankton, kelp and improve consistency, legal certainty, and the algal plankton in the ocean produce more than half of implementation of measures to protect the the oxygen we breathe as a by-product of marine environment. photosynthesis.
• Capacity building and technology transfer Effective conservation of the world’s biodiversity requires significant technical and technological capacity. The agreement can create mechanisms and requirements for capacity building and technology transfer that will enable its implementation and protect biodiversity in ABNJ.
Implementation of the agreement will require appropriate institutional arrangements. A clearing house mechanism established under the agreement could coordinate marine resources benefit sharing, as well as EIA and MPA processes. Additionally, a Scientific and Technical Body could independently guide, advice and evaluate EIA and MPA processes.
The ocean provides many benefits to humans © National Oceanic and A global fund could also be set up to support the Atmospheric Administration implementation of the agreement, including funding capacity building programmes. What can be done? Where can I get more information?
The new agreement under UNCLOS could ensure IUCN Marine Biodiversity in Areas Beyond National the protection of biodiversity in ABNJ by providing for: Jurisdiction • A network of marine protected areas iucn.org/bbnj The agreement could provide a means of IUCN Marine Biodiversity Matrix of Suggestions creating a global, integrated network of marine marinebiodiversitymatrix.org
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© IUCN (International Union for Conservation of Nature and Natural Resources) – 28 rue Mauverney, CH-1196 Gland, Switzerland - Tel.: +41 22 999 0000 – Fax: +41 22 999 0002