Geographical Scope

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From the report of the BBNJ Preparatory Committee established by General Assembly resolution 69/292, 31/07/17 :

The text would state that the instrument applies to areas beyond national jurisdiction.

It would state that the rights and jurisdiction of coastal States over all areas under their national jurisdiction, including the continental shelf within and beyond 200 nautical miles and the exclusive economic zone, shall be respected.

Suggestion 1: General Provision[edit | edit source]

Applies to marine areas beyond national jurisdiction, including the high seas and the Area, as defined in the UNCLOS Convention.

References: UNCLOS Art 1, UNCLOS Art 86

Suggestion 2: Similar to UNFSA Article 1[edit | edit source]

From Chair's indicative suggestions document 31/05/17:

The text would set out the States and entities to which the instrument would apply, in a manner similar to the provisions of the United Nations Fish Stocks Agreement (article 1).

For the purposes of this Agreement:

a) "States Parties" means States which have consented to be bound by this Agreement and for which the Agreement is in force.

b) This Agreement applies mutatis mutandis:

(i) to any entity referred to in article 305, paragraph 1 (c), (d) and (e), of the Convention, and

(ii) subject to article X, to any entity referred to as an "international organization" in Annex IX, article 1, of the Convention which becomes a Party to this Agreement, and to that extent "States Parties" refers to those entities.

References: UNFSA Article 1