Relationship to UNCLOS and other instruments and frameworks and relevant global, regional and sectoral bodies
Suggestion 1: Relationship to UNCLOS
Nothing in the instrument would prejudice the rights, jurisdiction and duties of States under UNCLOS. The instrument would be interpreted and applied in the context of and in a manner consistent with UNCLOS.
Suggestion 2: Relationship to other instruments
The instrument should not undermine existing relevant legal instruments and frameworks and relevant global, regional and sectoral bodies.
- Option 1: A without-prejudice clause would assist in achieving this purpose, including a provision similar to article 44 of the UNFSA to the effect that there would be no alteration of the rights and obligations emanating from other treaties.
- Option 2: The instrument would not affect the competence of relevant international organizations and arrangements within their areas of competence. State explicitly what role or function the instrument would not have in relation to activities in areas beyond national jurisdiction, such as is done under the Convention for the Protection of the Marine Environment of the North-East Atlantic.
- Option 3: The regulations and measures put in place by the instrument and the governing body “shall be no less effective than international rules, standards and recommended practices and procedures”, in line with UNCLOS Article 208, para. 3.
- Option 4: Standards applied in areas beyond national jurisdiction would not be lower than those for exclusive economic zones.
References: Chair’s streamlined non-paper on elements of a draft text of the ILBI at PrepCom 4; Article 22, CBD
Suggestion 3: Relationship to general international law
Matters not regulated by the Convention or by this Agreement continue to be governed by the rules and principles of general international law
References: Preamble, UNFSA
Suggestion 4: Regional cooperation
Provisions to strengthen regional level cooperation, to align and support the achievement of both global and regional-specific goals and objectives. Regional cooperation would require States Parties to work within these organizations to develop and apply proactive regional and sectoral biodiversity strategies and action plans, building on the model and provisions of the CBD for integrating biodiversity considerations into all aspects of management. The core part of this process would be consultation.
References: CBD integrated ecosystem service approach