Material 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 address the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, in particular, together and as a whole, marine genetic resources, including questions on the sharing of benefits, measures such as area-based management tools, including marine protected areas, environmental impact assessments and capacity-building and the transfer of marine technology.

It could set out exclusions from the scope of application of the instrument, and address, consistent with the Convention, issues relating to sovereign immunity.

Suggestion 1: Applies to processes and activities[edit | edit source]

Applies to processes and activities having a potential impact on ABNJ biodiversity and related to MGR in ABNJ.

References: Stockholm Declaration Principles 21 and 22, Trail Smelter Arbitration, Nuclear Weapons Advisory Opinion

Suggestion 2: With regard to activities[edit | edit source]

• Option 1: Conservation, sustainable use and responsible management of all marine living organisms of areas beyond national jurisdiction.

• Option 2: Activities carried out under the jurisdiction or control of a contracting party in areas beyond national jurisdiction.

• Option 3: Any activity or development that has the potential to impact on marine biological diversity of areas beyond national jurisdiction, including on ocean processes.

• Option 4: Activities with the potential to have significant effects on or to cause damage to marine biodiversity or ecosystems in areas beyond national jurisdiction regardless of where these activities occur.

• Option 5: All activities that take place in areas beyond national jurisdiction and/or may have an impact on marine biological biodiversity and resources of areas beyond national jurisdiction. Where such activities are already managed or governed by an existing agreement, the instrument would apply relevant provisions of the existing agreement mutatis mutandis.

• Option 6: All existing and new activities and sectors impacting on marine biodiversity of areas beyond national jurisdiction with respect to the elements identified in the “package”, while not undermining existing relevant legal instruments and frameworks and relevant global, regional and sectoral bodies.

• Option 7: Activities not adequately addressed by existing international conventions, e.g., UNCLOS and CBD.

• Option 8: Fisheries management in areas beyond national jurisdiction would not form part of the negotiations.

References: Chair’s streamlined non-paper on elements of a draft text of the ILBI at PrepCom 4