Relationship to measures under relevant instruments, frameworks and bodies

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

The text would set out the relationship between measures under the instrument and measures under existing relevant legal instruments and frameworks and relevant global, regional and sectoral bodies, for the purpose of coherence and coordination of efforts.

The text would affirm the importance of enhanced cooperation and coordination between relevant legal instruments and frameworks and relevant global, regional and sectoral bodies, with regard to area-based management tools, including marine protected areas, without prejudice to their respective mandates.

The text would also address the relationship between measures under the instrument and those established by adjacent coastal States, including issues of compatibility, without prejudice to the rights of coastal States.

From the President's aid to discussions 25/06/18:

(a) The manner in which the instrument would set out the relationship between measures under the instrument and measures under existing relevant legal instruments and frameworks and relevant global, regional and sectoral bodies.

(b) The provisions that would be included to address issues of compatibility between measures under the instrument and those established by adjacent coastal States. Would the provisions include, for example, provisions for the sharing of information and/or for consultation?

(c) The manner in which the instrument would reflect respect for the rights 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

Suggestion 1: Relationship to the Convention[edit | edit source]

Nothing in the instrument would prejudice the rights, jurisdiction and duties of States under the Convention. The instrument would be interpreted and applied in the context of and in a manner consistent with the Convention.

References: Article 4, UNFSA; Article 22, CBD

Suggestion 2: Obligation to cooperate[edit | edit source]

Obligation on States to cooperate directly through the instrument and through State Party membership in other global, regional and sectoral bodies and other processes.

Refer to obligations in CBD art. 8 to:

  • Establish a system of ecologically representative and well-connected marine protected areas and adopt other area-based management measures where special measures need to be taken to conserve marine biological diversity in ABNJ;
  • Apply internationally agreed scientific criteria and guidelines for the selection of marine protected areas or areas where special measures need to be taken to conserve biological diversity;
  • Respect, preserve and incorporate the traditional knowledge, innovations and practices of indigenous peoples and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity of areas beyond national jurisdiction and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices [drafting on Article 8j.
  • Regulate or manage marine activities or resources important for the conservation of marine biological diversity in ABNJ whether within or outside MPAs with a view to ensuring conservation and sustainable use;
  • Promote the protection of ecosystems, natural habitats and maintenance of viable populations of species in natural surroundings;
  • Integrate conservation and sustainable use of marine biological diversity into decision-making;
  • Adopt measures to avoid or minimize adverse impacts on marine biological diversity in ABNJ.

References: Art 8, CBD

Suggestion 3: Cooperate to strengthen existing organizations[edit | edit source]

Provide for States to cooperate to strengthen existing organizations, to join and act in good faith in any relevant new organizations, and to consult in the case of overlapping competencies with respect to measures that may have a significant effect on the other.

References: CBD art. 6; UNFSA Part III (mechanisms for cooperation), art. 8.6 (duty to consult).

Suggestion 4: Compatibility with measures established by coastal states[edit | edit source]

Conservation and management measures established for the high seas and the Area and those adopted for areas under national jurisdiction should be compatible to the extent possible in order to ensure conservation and management of marine biodiversity and ecosystems that may straddle one or more areas under national jurisdiction and ABNJ.

References: Article 7, UNFSA.

Suggestion 5: Duty to cooperate with coastal States[edit | edit source]

Coastal States and States authorizing activities in ABNJ both directly and through competent international organizations should have a duty to cooperate for the purpose of achieving compatible measures in respect of such biodiversity and ecosystems.

References:

Suggestion 6: Considerations in determining compatible measures[edit | edit source]

Conditions for developing and determining compatible conservation and management measures could take into account, for example,

  • The duty to protect and preserve the marine environment,
  • The duty to control national processes and activities so as not to cause harm to the environment or biodiversity of other states or ABNJ
  • the rights of coastal states to the resources of the continental shelf,
  • dependency of coastal state on the [biodiversity and ecosystems] concerned
  • The nature of any competing rights or interests
  • The impact of the activity on the rights of coastal states and the indigenous peoples and local communities residing in those coastal States
  • The biological unity of the ecosystems and biodiversity
  • The potential environmental impact of proposed activities including its potential for significant adverse impacts on marine environment including marine biodiversity  
  • The need to minimise interference with rights of other states.
  • ensure do not result in harmful impact on living marine resources as a whole;
  • Any measures or guidelines created by international organisations

References:

Suggestion 7: Provisional measures[edit | edit source]

Pending agreement on compatible and coordinated measures, states could agree on provisional measures such as, for example, a temporary moratorium on or agreement not to expand existing activities;

References: Article 7, UNFSA.

Suggestion 8: Information exchange[edit | edit source]

States could agree on a process for exchanging information between states about proposed activities in the vicinity of the continental shelf including proposed and established protected areas and extractive activities, with a view to avoiding incompatible activities

References: Article 7, UNFSA.

Suggestion 9: Rights of coastal States over continental shelf[edit | edit source]

The rights of the coastal states in relation to the living and non-living resources of the continental shelf should be respected.

There could be a process that provides for Coastal states to be consulted in relation to proposals in relation to the high seas that may affect their sovereign rights in the continental shelf.

Note: the close connection between sedentary and non-sedentary species in an ecosystem means that a coastal state has a responsibility to consider the impact of their activities on seabed ecosystems that contain non-sedentary species, and seek to minimise such impacts to avoid significant harm. Similarly, activities focused on high seas resources may have an impact on sedentary species. States conducting activities in the vicinity of the continental shelf should be encouraged recognize their responsibility to minimise any consequential impact on sedentary species.

References:

Index[edit | edit source]

Also see:[edit | edit source]