Marine genetic resources, including the question of the sharing of benefits[edit source]
Marine Genetic Resources in Areas beyond National Jurisdiction: Access and Benefit-Sharing
Authors: Petra Drankier; Alex G. Oude Elferink; Bert Visser and Tamara Takács
Source: The International Journal of Marine and Coastal Law, Volume 27, Issue 2, pages 375 – 433 Publication Year: 2012
Abstract: This report examines whether it is possible for the research and use of marine genetic resources in areas beyond national jurisdiction (ABNJ) to follow an approach based on the system that is being used with plant genetic resources in areas within national jurisdiction, as developed by the Food and Agriculture Organization. Part IV of the International Treaty on Plant Genetic Resources for Food and Agriculture contains the multilateral system of access and benefit-sharing. In addition, the report considers the implications of relevant provisions as contained in the Law of the Sea Convention, the Convention on Biological Diversity, the Antarctic Treaty System, as well as instruments on intellectual property rights. The report concludes with an assessment of the options within existing legal frameworks for accommodating an access and benefit-sharing system for marine genetic resources originating from ABNJ, and provides suggestions to move the international debate forward.
Moving the Marine Genetic Resources Debate Forward: Some Reflections
Author: David Leary
Source: The International Journal of Marine and Coastal Law, Volume 27, Issue 2, pages 435 – 448 Publication Year: 2012
Abstract: This paper offers some brief reflections on issues surrounding the ongoing debate in relation to the legal status of marine genetic resources in areas beyond national jurisdiction. It considers one possible solution to the ideological divide over the relevance of the common heritage of mankind to marine genetic resources, modelled on Article IV of the Antarctic Treaty. The suitability of the International Treaty on Plant Genetic Resources for Food and Agriculture as a possible model is also considered. The fact that this later model is now being canvassed by some States marks a major step forward in international discussions on the issue. Other possible models that have been canvassed in the academic literature are also considered. The fact that these alternatives have not been canvassed at length in diplomatic discussions to date highlights the fact that a detailed examination of the wide range of possible options is urgently needed.
Area-based management tools, including marine protected areas[edit source]
Environmental impact assessments[edit source]
Environmental Impact Assessment in Areas beyond National Jurisdiction
Author: Alex G. Oude Elferink
Source: The International Journal of Marine and Coastal Law, Volume 27, Issue 2, pages 449 – 480 Publication Year: 2012
Abstract: Environmental impact assessment (EIA) has become widely accepted as an indispensable instrument to manage and control negative impacts of human activities on the environment. The present report analyzes the general legal framework for EIA in maritime areas beyond national jurisdiction (ABNJ) and also considers the regime for assessments in respect of specific activities in ABNJ. The report concludes that these existing frameworks will have to be taken into account if it were to be decided to develop a global instrument on EIA for all activities in ABNJ. The report provides a number of suggestions to move the current international debate on EIA in ABNJ forward.
Oceans beyond Boundaries: Environmental Assessment Frameworks
Author: Robin Warner
Source: The International Journal of Marine and Coastal Law, Volume 27, Issue 2, pages 481 – 499 Publication Year: 2012
Abstract: The obligation to conduct environmental impact assessment (EIA) of activities with the potential for significant impact on the marine environment within and beyond national jurisdiction has attained customary international law status. The related but broader process of strategic environmental assessment (SEA) is also applied to plans, policies and programmes with the potential for significant impact on the marine environment in many national jurisdictions and in a transboundary context. The application of EIA and SEA for activities with the potential for significant impact on marine areas beyond national jurisdiction (ABNJ) has been much more ad hoc. This commentary reviews the initiatives being taken by the international community to develop a more comprehensive legal and institutional framework for EIA and SEA of activities affecting ABNJ. It examines the role of sectoral environmental assessment in ABNJ, as well as the potential role of global guidelines for EIA and SEA of activities affecting ABNJ.