Breaking the stalemate: analyzing state preferences in the global debates on marine biodiversity beyond national jurisdiction
Date
2011
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Publisher
University of Delaware
Abstract
Marine areas beyond national jurisdiction, once perceived to be desolate and relatively barren of life, are now known to be rich in biodiversity and ecosystems that play a critical role in ecological processes and contain socially and economically valuable resources, including food and cancer-curing medicines. As human activities expand further offshore and new activities are proposed in open ocean and deep sea areas, various stakeholders have identified potential gaps and weaknesses in the international legal and regulatory framework for marine areas beyond national jurisdiction, including the lack of provisions for new and emerging activities, potentially inadequate legal frameworks for implementing management tools, and lack of coordination between different instruments and organizations. As a result, this topic has become a prominent area of intergovernmental debate. However, differing perspectives and conflicting legal interpretations among governments have prevented these debates from reaching consensus on means to ensure conservation and sustainable use of marine biodiversity beyond national jurisdiction. Numerous studies have analyzed various aspects of this topic, yet no study to date has directly analyzed government positions to identify a potential resolution to the debates. In an effort to fill this gap, this analysis characterizes State preferences articulated in major UN fora addressing issues related to marine biodiversity beyond national jurisdiction, identifies and analyzes major areas of contention and commonality between States, and outlines potential elements of a resolution to these debates in the context of State preferences. Using an approach inspired by Robert Friedheim’s analysis of the negotiations for the UN Convention on the Law of the Sea, the study characterizes State preferences in the main issue-areas discussed in the debates on marine biodiversity beyond national jurisdiction; marine genetic resources of the deep seabed, marine protected areas, environmental impact assessments, high seas fishing, cooperation and coordination, and governance and implementation gaps. The analysis finds that, despite prominent areas of disagreement, there are significant areas of commonality among States on various issue-areas discussed that can serve as building blocks for a potential agreement and facilitate more action-oriented dialogue in future discussions. Furthermore, the thesis illustrates the potential of a comprehensive approach encompassing a package of issues, to provide the enabling policy environment necessary to ensure the conservation and sustainable use of marine biodiversity beyond national jurisdiction and proposes potential elements of such an approach.