International cooperation

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

The text would set out the obligation of States to cooperate for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, and elaborate on the content and modalities of this obligation.

Suggestion 1: General provision

States shall cooperate on a global basis and, as appropriate, on a regional basis as well as sub-regional basis, directly, or thorough competent international organizations, in formulating and elaborating rules, standards and recommended practices and procedures consistent with the Convention (UNCLOS) and this agreement, for the conservation and sustainable use of marine biodiversity and its components and protection and preservation of the marine environment, taking into account characteristic regional features.

References: UNCLOS Art 197, CBD Art 5, UNFSA, Art 8, UNFSA Art 9 (sub-regional/regional arrangements)

Suggestion 2: Direct obligation on competent international organizations to cooperate

Include direct obligation on competent international organizations. E.g.: “The competent international organizations referred to in this agreement shall take all appropriate measures to ensure, either directly or in close cooperation among themselves, the effective discharge of their functions and responsibilities under this agreement.”

References: UNCLOS Art 278

Suggestion 3: List specific measures

States and competent international organizations shall cooperate in scientific, legal, institutional and political measures, including but not limited to in:

  • marine scientific research
  • conservation/management measures and standards
  • allocation of marine resources
  • collection/dissemination of data
  • monitoring, control, surveillance and enforcement
  • capacity building and technology transfer

References: UNFSA, Art 5 (general principles), UNFSA, Arts 9, 10 (State obligations in cooperating through sub-regional/regional arrangements), UNCLOS Part XII Section 2 (e.g. Art 200 on studies, research programmes and exchange of information and data, Art 201 on scientific criteria for regulations), UNCLOS Part XIII Section 2 on international cooperation (Art 242, 243 and 244)

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