Decision-making body/forum

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From the procedural report of the BBNJ Preparatory Committee, 31/07/17 :

The text would set out an institutional framework for decision-making, as well as the functions that could be performed. Possible functions that a decision-making body/forum would perform in support of the implementation of the instrument could include:

  • adopting its rules of procedure;
  • reviewing implementation of the instrument;
  • exchange of information relevant to the implementation of the instrument;
  • promoting coherence among efforts towards the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction;
  • promoting cooperation and coordination, including with relevant global, regional and sectoral bodies towards the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction;
  • making decisions and recommendations related to the implementation of the instrument;
  • establishing subsidiary bodies as necessary for the performance of its functions; and
  • other functions identified in the instrument.
From Chair's indicative suggestions document 31/05/17:

The text would set out an institutional framework for decision-making, as well as the functions that could be performed, such as:

  • adopting its rules of procedure
  • reviewing implementation of the instrument
  • making decisions and recommendations related to the implementation of the instrument
  • establishing subsidiary bodies as required for the performance of its functions.


Suggestion 1: Strong new institutional structure

Establish a strong new institutional structure with substantive powers, including a decision-making body/forum


Notes:

References: CBD Art 23, 24 25 (COP, Secretariat, SBSTA), CMS Art VII, VIII, IX (COP, Scientific Council, Secretariat), REGULATION (EU) No 1380/2013 on the Common Fisheries Policy art 43, 44 and 45 (Regional Advisory Councils)


Suggestion 2: Expand mandate of ISA to serve as basis of institutional structure

Expand mandate of the ISA and its constituent bodies so that:

  • the Assembly of the ISA acts as decision-making body for this agreement

This would normally imply the amendment of the UNCLOS under article 312.


Notes:

References: UNCLOS Part XI. Section 4. The Authority, UNCLOS Art 312 (amendment), Agreement relating to the implementation of Part XI of UNCLOS, Annex, Section 1, 4.


Suggestion 3: Develop institutional structure based on Antarctic Treaty model and DOALOS

As under the Antarctic Treaty, the Parties of the I.A. could meet in a forum to exchange information, consult on matters of common interest and formulate recommendations addressing the I.A key elements (conservation and sustainable use of marine biodiversity in ABNJ).


Notes:

References: Antarctic Treaty Art IX, Madrid Protocol, Art 10, 11, 12, DOALOS, Secretary-General's Bulletin ST/SGB/2008/13


Suggestion 4: Functions of decision-making body

Decision-making body will have authority to:

  • adopt decisions
  • develop SEAs or other assessment tools
  • provide a regular forum to enhance cooperation and coordination across States institutions and non-state sectors
  • administer and coordinate capacity building and technology transfer activities
  • coordinate between States parties and administrators of any funds
  • act as a focal point for BBNJ in relation to existing institutions
  • contribute to linkage between policy, scientific and commercial activities
  • manage outreach to stakeholders and the general public
  • undertake both long-term planning and respond to short term emergencies
  • designation of a network of MPAs
  • facilitae and review of EIAs and SEAs, and
  • manage a efit sharing regime for marine genetic resources.


Notes: a global level mechanism is needed to decide on and coordinate global priorities and providing time bound processes for their implementation including through and in cooperation with existing institutions.

References:



Suggestion 5:

Notes:

References:



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