Conserving biodiversity in areas beyond national jurisdiction

Conserving Biodiversity in Areas beyond National Jurisdiction Conserving Biodiversity in Areas beyond National Jurisdiction Edited by David Freestone LEIDEN | BOSTON Library of Congress Cataloging-in-Publication Data Names: Freestone, David, editor Title: Conserving biodiversity in areas beyond national jurisdiction /  edited by David Freestone Other titles: International Journal of Marine and Coastal Law Description: Leiden ; Boston : Brill Nijhoff, 2019 | Includes index |  Includes article originally published in International Journal of Marine  and Coastal Law Identifiers: LCCN 2019001003 (print) | LCCN 2019001420 (ebook) |  ISBN 9789004391703 (ebook) | ISBN 9789004391697 (pbk : alk paper) Subjects: LCSH: Marine biodiversity conservation—Law and legislation |  Law of the sea | Environmental law, International Classification: LCC K3488 (ebook) | LCC K3488 C66 2019 (print) |  DDC 346.04/695616—dc23 LC record available at https://lccn.loc.gov/2019001003 Typeface for the Latin, Greek, and Cyrillic scripts: “Brill” See and download: brill.com/brill-typeface ISBN 978-90-04-39169-7 (paperback) ISBN 978-90-04-39170-3 (e-book) Copyright 2019 by Koninklijke Brill NV, Leiden, The Netherlands, except where stated otherwise Koninklijke Brill NV incorporates the imprints Brill, Brill Hes & De Graaf, Brill Nijhoff, Brill Rodopi, Brill Sense, Hotei Publishing, mentis Verlag, Verlag Ferdinand Schöningh and Wilhelm Fink Verlag All rights reserved No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher For parts of this publication that are designated Open Access, additional rights are granted in the accompanying CC license Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill NV provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, MA 01923, USA Fees are subject to change This book is printed on acid-free paper and produced in a sustainable manner Contents Foreword vii Acknowledgements viii Abbreviations x Part Introduction The UN Process to Develop an International Legally Binding Instrument under the 1982 Law of the Sea Convention: Issues and Challenges 3 David Freestone Part The BBNJ Package Deal: Elements and Issues Principles Applicable to Modern Ocean Governance 49 David Freestone Coastal States and MPAs in ABNJ: Ensuring Consistency with the LOSC 56 Alex G Oude Elferink Preliminary Thoughts on Marine Spatial Planning in Areas beyond National Jurisdiction 85 Vasco Becker-Weinberg The Proposed LOSC Implementation Agreement on Areas beyond National Jurisdiction and Its Impact on International Fisheries Law 104 Richard Barnes The Proposed Implementing Agreement: Options for Coherence and Consistency in the Establishment of Protected Areas beyond National Jurisdiction 140 Dire Tladi vi Contents The Signing of the Hamilton Declaration on Collaboration for the Conservation of the Sargasso Sea: a New Paradigm for High Seas Conservation? 159 David Freestone and Kate Killerlain Morrison Submarine Telecommunication Cables and a Biodiversity Agreement in ABNJ: Finding New Routes for Cooperation 177 Andrew Friedman International Legal Obligations for Environmental Impact Assessment and Strategic Environmental Assessment in the Arctic Ocean 211 Gunnar Sander Current ‘Light’ and ‘Heavy’ Options for Benefit-sharing in the Context of the United Nations Convention on the Law of the Sea 243 Gaute Voigt-Hanssen 10 Mare Geneticum: towards an Implementing Agreement for Marine Genetic Resources in International Waters 267 Thomas Vanagt, Arianna Broggiato, Laura E Lallier, Marcel Jaspars, Geoff Burton, and Dominic Muyldermans 11 Research for Regions: Strengthening Marine Technology Transfer for Pacific Island Countries and Biodiversity beyond National Jurisdiction 298 Harriet R. Harden-Davies Index 325 Foreword For more than a decade the United Nations General Assembly (UNGA) has been discussing the question of the conservation and sustainable use of bio­ diversity in areas beyond national jurisdiction Despite the prescience, the scope and the apparent comprehensiveness of the huge 1982 UN Convention on the Law of the Sea, a number of aspects of the regime of the high seas were left unfinished, or at least unimplemented Some of these were addressed by the 1995 UN Fish Stocks Agreement dealing with straddling or highly migratory fish stocks, but a number of key governance questions raised by the huge increases in human activities in, and impacts upon, the open ocean still remain unresolved These issues, raised first at the Ad Hoc Working Group (2004–2015) and then at the Preparatory Commission (2016–2107), have been the subjects of important debates within the academic literature as well as on the floor of the United Nations In December 2017, by Resolution 72/249, the UNGA agreed to convene an intergovernmental conference “to consider the recommendations of the Preparatory Committee on the elements and to elaborate the text of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, with a view to developing the instrument as soon as possible.” The Intergovernmental Conference will initially have four negotiating sessions stretching into 2020, but in light of the complexity of the issues to be addressed, it seems likely that the negotiations may well extend beyond that period As the Editor-in-Chief of the International Journal of Marine and Coastal Law I have been able to publish, and also to commission, a number of articles which cover some of the key issues in these debates This volume is a collection of some of those articles published over the last decade I am grateful to the authors for allowing me to republish these in the current volume and to my publisher Marie Sheldon at Brill Nijhoff, for agreeing to collect them together so that they can be made available in an accessible format for the substantive negotiations of the newly proposed International Legally Binding Instrument on the conservation and sustainable use of biodiversity in areas beyond national jurisdiction David Freestone Washington DC Acknowledgements I am grateful to a number of people for their help with the preparation of this volume Primarily I am grateful to the authors of the papers included here that were originally published in the International Journal of Marine and Coastal Law They have kindly agreed to allow me to republish these in the current volume These are republished in their original form and the locations of the original versions are listed below Most of my work on this volume was done during the glorious English summer of 2018, when I was fortunate enough to spend a number of weeks at Oxford University as a Visiting Fellow at the Oxford Martin School in the wonderful Old India Institute Building on Broad Street I was made enormously welcome by the Director of the OMS, Charles Godfray and his team, particularly Laura Lauer and Julian Laird The Visiting Fellows programme is directly supported by Lilian Martin, whom I was delighted to be able to meet My nomination for this Fellowship was the work of the Co-Directors of the OMS Sustainable Oceans Project: Catherine Redgwell, Alex Rogers and Richard Bailey My thanks to them also, but particularly to Catherine who also hosted me so generously at All Souls College; both she and her colleague, Akis Papastavridis, went out their way to make my stay most enjoyable as well as productive The original plan was to complete the volume by the start of the substantive negotiations in September 2018, but I am confident that they will still be of considerable relevance in 2019 Finally I am grateful to Teresa Mackey, my colleague at the Sargasso Sea Commission, who at the last minute was able to master the indexing software for me and who spent a considerable amount of time preparing the subject index for me The chapters of this volume first appeared as follows: David Freestone, ‘Principles Applicable to Modern Ocean Governance’ was first published (2008) 23 IJMCL 385–391; Alex G Oude Elferink, ‘Coastal States and MPAs in ABNJ: Ensuring Consistency with the LOSC’ was first published (2018) 33 IJMCL 437–466; Vasco Becker-Weinberg, ‘Preliminary Thoughts on Marine Spatial Planning in Areas beyond National Jurisdiction’ was first published (2017) 32 IJMCL 570–588; Acknowledgements ix Richard Barnes, ‘The Proposed LOSC Implementation Agreement on Areas beyond National Jurisdiction and Its Impact on International Fisheries Law’ was first published (2016) 31 IJMCL 583–619; Dire Tladi, ‘The Proposed Implementing Agreement: Options for Coherence and Consistency in the Establishment of Protected Areas beyond National Jurisdiction’ was first published (2015) 30 IJMCL 654–673; David Freestone and Kate K Morrison, ‘The Signing of the Hamilton Declaration on Collaboration for the Conservation of the Sargasso Sea: A new paradigm for high seas conservation?’ was first published (2014) 29 IJMCL 345–362; Andrew Friedman, ‘Submarine Telecommunication Cables and a Biodiversity Agreement in ABNJ: Finding New Routes for Cooperation’ was first published (2017) 32 IJMCL 1–35; Gunnar Sander, ‘International Legal Obligations for Environmental Impact Assessment and Strategic Environmental Assessment in the Arctic Ocean’ was first published (2016) 31 IJMCL 88–119; Gaute Voigt-Hanssen, ‘ “Light” and “heavy” options for benefit-sharing in the context of the United Nations Convention on the Law of the Sea’ was first published (2018) 33 IJMCL 683–705; Thomas Vanagt, Arianna Broggiato, Laura E Lallier, Marcel Jaspars, Geoff Burton, and Dominic Muyldermans, ‘Mare Geneticum: Balancing Governance of Marine Genetic Resources in International Waters’ was first published (2018) 33 IJMCL 3–33; Harriet R Harden-Davies, ‘Research for Regions: Strengthening Marine Technology Transfer for Pacific Island Countries and Biodiversity Beyond National Jurisdiction’ was first published (2017) 32 IJMCL 797–822 Abbreviations ABM ABMT ABNJ ABS APEI BBNJ CBD CCLR DOALOS EBSA EEZ EIA EU FAO ICCAT IJMCL ILBI ILM IGC IA IMO IOC ISA ITLOS ITPGRFA IUCN IUU LOSC MARPOL MGR MPA MSP MSY NAFO NEAFC Area-Based Management Area-Based Management Tool Areas beyond National Jurisdiction Access and Benefit Sharing Areas of Particular Environmental Interest Biodiversity beyond National Jurisdiction Convention on Biological Diversity Carbon and Climate Law Review Division of Ocean Affairs and Law of the Sea Ecologically or Biologically Significant Area Exclusive Economic Zone Environmental Impact Assessment European Union Food and Agriculture Organization (of the UN) International Convention for the Conservation of Atlantic Tunas International Journal of Marine and Coastal Law International Legally Binding Instrument International Legal Materials Inter-Governmental Conference Implementing Agreement International Maritime Organization Intergovernmental Oceanographic Commission International Seabed Authority International Tribunal on the Law of the Sea International Treaty on Plant Genetic Resources for Food and ­Agriculture International Union for Conservation of Nature and Natural Resources Illegal, Unreported and Unregulated (Fishing) UN Law of the Sea Convention International Convention for the Prevention of Pollution from Ships Marine Genetic Resources Marine Protected Area Marine Spatial Planning Maximum Sustainable Yield Northwest Atlantic Fisheries Organization North-East Atlantic Fisheries Commission Research for Regions Figure 315 Three pillars to create an enabling international environment for scientific capacity development environment for scientific capacity development where different needs could be better identified and met The acquisition, dissemination and application of scientific knowledge could be progressed through strengthened international marine science cooperation, technology transfer and capacity development (see Fig 1) The acquisition, dissemination and application of scientific knowledge are important in the context of ABNJ The 1970 Declaration of Principles Governing the Sea-Bed and the Ocean Floor, and the Subsoil Thereof, Beyond the Limits of National Jurisdiction,88 for example, called on States to promote international cooperation in scientific research through: (a) participation in international programs including by encouraging participation of personnel from different countries; (b) publication of research programs and dissemination of results; (c) strengthening research capabilities.89 In 2015 and 2016, the UNGA recog­ nised that realising benefits of the LOSC could be enhanced by international cooperation, technical assistance and capacity-building.90 An integrated approach to the acquisition, sharing and application of scien­ tific knowledge could be particularly important to share benefits from marine genetic resources The importance of technology transfer and international cooperation to build research and innovation capacity for ‘adding value to genetic resources’ for developing countries is recognised by the 2010 Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing 88   U NGA Resolution 25/2749, ‘Declaration of Principles Governing the Sea-Bed and the Ocean Floor, and the Subsoil Thereof, Beyond the Limits of National Jurisdiction’, 17 December 1970; available at https://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/350/14/ IMG/NR035014.pdf?OpenElement; accessed 11 September 2017 89   Ibid., at para 10 90   U NGA (n 9) 316 Harden-Davies of Benefits Arising from Their Utilization to the Convention on Biological Diversity.91 The 2001 International Treaty on Plant Genetic Resources for Food and Agriculture92 (ITPGRFA) identifies information exchange, access to tech­ nology and capacity-building as forms of benefit sharing of genetic resources.93 This notion that sharing benefits from marine genetic resources can be progressed through scientific investigation, technology transfer and capac­ ity development is pertinent to the development of the ILBI, as illustrated in the discussion of Pacific Island Countries The ITPGRFA calls on Parties to cooperate to “promote an integrated approach to exploration, conservation and sustainable use [of genetic resources]”94 including through surveys, col­ lection of samples and associated information and metadata The merit of an integrated approach is also reflected in UNGA Resolution 69/292, which states that the elements of the ILBI should be considered “together and as a whole” An integrated approach to the investigation, conservation and sustainable use of marine genetic resources in ABNJ could foster potential ‘spill-over’ benefits whereby technology could be applied for sustainable development purposes that go beyond biodiversity in ABNJ Acquiring Scientific Knowledge: International Collaboration for Regional Participation International cooperation is crucial to enhance scientific knowledge of marine biodiversity in ABNJ, especially in regions with low marine research capacity The ILBI could seek to strengthen the implementation of LOSC Articles 242 and 243 through international cooperation in marine scientific research in order to advance knowledge of biodiversity in ABNJ and increase participation of scientists from developing countries Increasing scientific knowledge of biodiversity in ABNJ would require sustained support for existing initiatives, as well as resources for new investigations The development of new observation technologies and under­ standing of the roles and functions of biodiversity in ABNJ, and the transfer 4.2 91  Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity (Nagoya, 29 October 2010, in force 12 October 2014) at Preamble; available at https://treaties.un.org/ pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-8–b&chapter=27&lang=en; ac­ cessed 10 September 2017; Convention on Biological Diversity (Rio de Janeiro, June 1992, in force 29 December 1993) 1760 UNTS 79 Arts 16, 19 92  International Treaty on Plant Genetic Resources for Food and Agriculture (Rome, 3 November 2001, in force 29 June 2004) 2400 UNTS 303 93   I TPGRFA Art 13.1 94   I TPGRFA Art 5.1 Research for Regions 317 of marine technology to share knowledge and enhance capacity of SIDS are among the aims of the ‘International Decade of Ocean Science’ proposed by the IOC.95 This illustrates international recognition of the need to enhance international marine science cooperation for SIDS The International Indian Ocean Expedition,96 organised under the auspices of IOC, is an example of internationally collaborative, regionally coordinated research Similarly, to fill gaps in scientific knowledge of biodiversity in Pacific ABNJ, an ‘International South Pacific Ocean Investigation’ could be considered This could aim to galvanise political will to increase scientific knowledge of biodiversity beyond national jurisdiction, develop research capacity and transfer technology IOC, perhaps through IOC-WESTPAC, could facilitate cooperation between Pacific Island Countries and nations with stronger research capacity active in the region, such as Japan, Korea, Australia, New Zealand, USA, France and UK However, this would be entirely dependent on resources to support research activities 4.3 Disseminating Scientific Knowledge: Data and Knowledge Exchange Access to data and knowledge will be crucial to enable technology transfer and implement the ILBI Global science increasingly supports open data; for example, an international accord published in 2015 by Science International stated that “open data should be the default position for publicly funded sci­ ence” and updating historical values for “a new era of technology” is essential to achieve full benefit to society.97 The obligation to publish and share data and knowledge enshrined in LOSC Article 244 could be further implemented under the ILBI The United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks98 (UNFSA) offers an example of how this can be achieved by elaborating provisions and standards for the collection and 95  U NESCO-IOC 2017 One Planet One Ocean Proposal for an International Decade of Ocean Science for Sustainable Development (2021–2030) at p. 1 Available at http://www unesco.org/new/fileadmin/MULTIMEDIA/HQ/SC/pdf/IOC_Decade-Ocean-Science_ Handout_Final.pdf; accessed 28 February 2017 96  Second International Indian Ocean Expedition 2015–2020, http://www.iioe-2.incois.gov.in/; accessed 10 September 2017 97  Science International, “Open Data in a Big Data World” (2015) at p. 3 Available at http:// www.science-international.org/; accessed 22 September 2016 98  United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (New York, December 1995, in force 11 December 2001) 2167 UNTS 318 Harden-Davies sharing of data For example, UNFSA Article 14 provides for the collection and exchange of scientific data,99 international cooperation in research, sci­ entific capacity development in line with a set of standard requirements for the collection and sharing of data as elaborated in UNFSA Annex I. Similarly, an elaboration of data-sharing principles, standards and requirements could be included in the ILBI to implement the LOSC obligation to publish and dis­ seminate data International standards and best-practice guidelines for data management and informatics provide a basis which the development of the ILBI could draw from Applying Scientific Knowledge: Capacity Development Institutions: a Global Network of Regional Marine Science, Technology and Innovation Clusters Regional marine science and technology centres could increase absorptive ca­ pacity, provide a hub for technology and research infrastructure and a focal point for regional research and engagement The ILBI could reinforce the need to develop a global network of regional and national marine science, tech­ nology and innovation clusters Linking regional centres via a virtual global ­network could support the participation of developing countries in interna­ tional research collaborations Existing models highlight the importance of training courses, workshops, lecturer exchanges, visiting professorships and post-graduate teaching programs.100 This also illustrates the advantages of intergovernmental coordination to aid international and regional cohesion Stronger coordination with compe­ tent international organisations, such as the IOC, as stipulated in Article 276 of the LOSC, could support the development of an internationally connected regional network of marine science and technology centres The ITPGRFA recognises a role for International Agricultural Research Centres of the Consultative Group on International Agricultural Research (CGIAR) in mak­ ing samples available as part of the multilateral system of access and benefit sharing.101 This offers an example of how international research arrangements could be integrated into the ILBI 4.4 4.4.1 4.4.2 Individuals: Training and Skill Development Scientific research skills and training are an important priority for developing human capacity to participate in the conservation and sustainable use of 99   U NFSA Art 14(1)(a) 100   I OC-WESTPAC (n 69) 101   I TPGRFA Arts 11.5, 15.1 Research for Regions 319 biodiversity in ABNJ The LOSC obligation under Article 266 to promote the development of marine scientific and technological capacity could be further implemented under the ILBI by providing opportunities for scientific training and education and enabling the implementation of Article 269 (e.g., researcher exchanges102 and joint international scientific research programs).103 Long-term collaborations could be supported by a mentoring scheme link­ ing early career researchers in developing countries with senior scientists in developed countries facilitated through existing international scientific net­ works Workshops and training courses targeted to ABNJ research could be delivered through a variety of means: in person; facilitated by regional net­ works such as IOC and its regional commissions and training centres; or online, such as IOC Ocean Teacher Global Academy Researcher training op­ portunities, from undergraduate to Ph.D level and beyond, could be facilitated through regional centres and international scientific networks However, to at­ tract to and retain researchers at regional science and technology centres, it will be necessary to increase absorptive capacity through, for example, teacher exchanges, continuous professional development opportunities and incen­ tives, such as sustained international collaborations and resources 4.5 Challenges Ahead A number of challenges relating to technology transfer and capacity devel­ opment remain for the development of the ILBI. In particular, the scope of technology transfer will need to be understood and agreed, and implementa­ tion options established 4.5.1 Clearinghouse A clearinghouse mechanism has been proposed as a means to provide a centralised portal to access and exchange information on activities related to biodiversity in ABNJ104 and promote international collaboration This could facilitate technology transfer by improving linkages between technology recipients and donors, and enabling knowledge exchange Questions remain, ­however, on the types of information that would be included and how it could be managed A clearinghouse would require sustained resources and stakeholder engagement (especially from scientific communities) to ensure that quality information was made available to users Building on the strengths 102   L OSC Art 269(d) 103   L OSC Art 269(e) 104  See for example PSIDS (n 12); AOSIS (n 12); and EU (n 44) at paras 13 and 14 320 Harden-Davies of existing mechanisms, such as the Ocean Biogeographic Information System of the IOC, would be important However, the capacity constraints of SIDS, illustrated in Pacific Island Countries, mean that web-based clearinghouses could be quite limited in effect without corresponding capacity development and technical infrastructure 4.5.2 Scope The development of the ILBI will consider “capacity building and technology transfer” as it relates to the conservation and sustainable use of biodiversity in ABNJ However, technology and capacity building for ABNJ cannot be con­ sidered in isolation, as it could be equally applicable in areas within national jurisdiction Furthermore, technology can have multiple applications; for example, technology required for marine genetic resources research could also be useful for area-based management or even broader purposes Fostering a broad scope of technology transfer, including technologies that can be used for multiple purposes, could support meaningful capacity devel­ opment A broad scope of technology under the ILBI could be the best option to ensure efficiency and effectiveness of research efforts However, a balance between specificity and flexibility to support effective implementation will be needed Promoting technology development, as well as transfer, into the scope of the ILBI will be important, to facilitate investigation of biodiversity in ABNJ and advance scientific knowledge to support conservation and sustainable use However, although LOSC Part XIV concerns the “development and transfer of marine technology”105 (emphasis added), UNGA Resolution 69/292 refers only to “transfer of technology”.106 A holistic scope of technology-transfer development could reduce duplication of activities and resources, and have wider advantages for sustainable development The importance of technology transfer and capacity development in marine scientific research for sustainable development is recognised in UNGA Resolutions107 and in Sustainable Development Goal 14 Marine scientific research is an important ingredient for sustainable development for SIDS, in a range of areas including marine genetic resources, fisheries and minerals.108 The potential for the ILBI to strengthen capacity development in pursuit of sustainable development has been recognised 105   L OSC Art 268(b) calls on States to promote the development of marine technology 106   U NGA (n 1) at p. 1, para 107   U NGA Res A/71.L.26 at [247] (n 9) 108  Salpin (n 11) Research for Regions 321 by New Zealand,109 Australia110 and the European Union (EU).111 Although the ILBI cannot function as an overarching implementing instrument for Part XIV as a whole, it does provide a substantial opportunity to strengthen the international framework for scientific capacity development 4.5.3 Funding Sustained funding will be crucial for technology transfer and capacity de­ velopment, including to generate, share and apply knowledge from ABNJ International collaboration will be crucial to advance knowledge of biodiver­ sity in ABNJ given the high cost of conducting marine scientific research in deep and remote open ocean ABNJ, especially in the Southern Hemisphere AOSIS and PSIDS have suggested including a fund with a specific allocation for capacity development, technology transfer and scholarship in SIDS.112 However, it is unclear whether a financial mechanism will be established under the ILBI The Global Environment Fund (GEF), UNESCO-IOC Capacity Development Fund and the Addis Ababa Action Agenda technology and fa­ cilitation fund could provide examples for funding capacity development and technology transfer Furthermore, the agencies identified in the ‘Resolution on the development of national marine science, technology and ocean service in­ frastructures’ could also provide examples: “World Bank, the regional banks, the United Nations Development Programme, the United Nations Financing System for Science and Technology and other multilateral funding agencies”.113 New mechanisms, such as an “Ocean Sustainability Bank” and innovative blue finance partnerships have also been proposed.114 Coordination and ease of 109  New Zealand, 2016, “Preparatory Committee on Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, New Zealand Submission, December 2016” Available at: http://www.un.org/depts/los/biodiversity/ prepcom_files/rolling_comp/New_Zealand.pdf; accessed 14 February 2017, at p. 8 110   Australia, 2016, ‘Preparatory Committee on Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National jurisdiction (BBNJ) Submission by Australia December 2016’ Australian Mission to the United Nations, New York, December 2016 ‘Australia: “capacity building can assist developing country partners to engage, consistent with SDG Goal 14, in the conservation and sustainable use of the oceans, seas and maritime resources’ Available at http://www.un.org/depts/los/biodiversity/ prepcom_files/rolling_comp/Australia.pdf; accessed 14 February 2017, at p. 8 111  E U (n 44) 112   P SIDS (n 12) 113  ‘Resolution on the development of national marine science, technology and ocean service infrastructures’ (n 5) 114  T Thiele and H Harden-Davies (2016), “Technology Transfer” Nereus Policy Briefs Avai­ lable at http://www.nereusprogram.org/policy-brief-bbnj-technology-transfer/; accessed 14 January 2017 322 Harden-Davies application will be a crucial priority to ensure that SIDS can access funding ­opportunities Many developing States, including SIDS, call for a non-voluntary or binding mechanism,115 others call for a mixture of voluntary and mandatory measures.116 On the other hand, the EU117 and various developed nations fa­ vour voluntary measures The question of whether technology transfer should be voluntary or mandatory under the ILBI remains unanswered 5 Conclusion Marine technology transfer and scientific capacity development are crucial for the conservation and sustainable use of biodiversity in ABNJ.  The LOSC framework for technology transfer is strongly interlinked with scientific capacity development and emphasises the acquisition, evaluation and dissemination of marine scientific and technological knowledge, information and data However, gaps and ambiguities weaken this framework The development of the ILBI is an opportunity to strengthen the implementation of Part XIV of the LOSC and foster a new paradigm of technology transfer and innovation based on knowledge exchange, open data and scientific capacity development Improving the international framework for technology transfer and capacity development could also advance regional objectives for Pacific Island Countries and have broader sustainable development benefits The institutional, techno­ logical, financial and human capacity constraints that limit the ability of Pacific Island Countries to engage in scientific research involving marine genetic re­ sources in ABNJ illustrate the need to increase technology transfer and develop scientific capacity in the region, at institutional and individual levels These are already identified as broad priorities for the region; however, the develop­ ment of a Pacific Islands regional marine science and technology strategy could ­enable clearer identification of technology transfer and scientific capacity de­ velopment needs Enhancing the capacity of existing regional organisations in strengthening international links could help achieve a well-resourced and co­ operative network of marine science and technology centres, providing hubs for research infrastructure and focal points for science and skills An integrated approach to the investigation, conservation and sustainable use of biodiversity in order to promote the acquisition, dissemination and 115  See for example FSM (n 8) 116  Fiji, 2016, “Fiji’s submission for BBNJ PrepCom” at p.  4, http://www.un.org/depts/los/ biodiversity/prepcom_files/rolling_comp/Fiji.pdf; accessed 14 February 2017 117  E U (n 44) Research for Regions 323 application of scientific knowledge could provide a useful focus for the development of technology transfer under an ILBI.  Based on lessons from Pacific Island Countries, this could enhance the international framework for technology transfer through: sustained support for sharing of global marine scientific data and information; strengthened links between research institutions to form a global network of regional marine science and technology clusters; and increased skill development opportunities, including distance learning and workshops A broad scope of technology, including multi-purpose technologies, could enable meaningful capacity development However, a number of questions remain in relation to the scope and implementation of technology transfer International cooperation, at the global and regional level, will continue to play a crucial role to secure the required resources for implementation, avoid duplication and ensure that technology transfer meets identified needs Index ABM (area-based management) 19, 24, 36, 106–107, 109–110, 112, 118, 120, 125–128, 130, 132, 135–136 ABNJ (areas beyond national jurisdiction)  3–4, 7, 9, 11–12, 15–17, 21, 23–24, 27–29, 31–38, 40–43, 45, 56–61, 63–70, 73, 75–77, 79–86, 89, 98, 101–102, 104–108, 110, 112–122, 125–128, 130–132, 134–138, 144, 160, 177–178, 180–184, 186–188, 194, 196–201, 203–204, 208–210, 212–213, 218–219, 221, 224–226, 228, 237–239, 243–248, 250, 254–255, 257–260, 264–267, 269–272, 274–282, 284–301, 303, 305–307, 311–312, 314–317, 319–322 agreement 8, 15–16, 28, 38, 45, 50, 58–59, 61, 63–64, 69, 71–72, 81–82, 85, 90–93, 98, 104–106, 110–112, 114–115, 117, 120, 122, 124–126, 128, 130–131, 142, 144, 146, 154, 167, 179–182, 188–190, 195, 198, 205, 211–212, 222, 227, 238–239, 241, 253–254, 261–264, 268, 272, 282–283, 294, 296, 299 area-based management tools (ABMTs) 24, 26–27, 29, 31, 57, 59, 85, 90–91, 98, 104, 111, 128, 142, 196, 244, 247 assessments 10, 12, 16, 19, 24, 26, 29, 31, 33, 35–37, 90, 98, 111, 132, 134, 142, 176–177, 181, 195–196, 200, 202, 211–215, 217–219, 224–225, 227–232, 234–242, 244, 274, 299 BBNJ 3–4, 13, 16–19, 21, 24–26, 28, 32, 34, 38, 47, 56–57, 62–63, 65, 86, 89–91, 93, 95, 97–98, 100–102, 105–106, 108–111, 113–117, 120–121, 125–126, 130–131, 135–136, 141–142, 146, 167, 196, 243–245, 252, 262–263, 265, 270–271, 274–275, 301, 306, 321–322 benefits 9, 19, 24, 40, 42–43, 89, 111, 181, 209, 243–244, 247, 250, 252, 262, 265, 270–272, 274–275, 277, 280, 283–284, 286–289, 292–293, 295, 297, 300, 305, 311, 315–316, 322 benefit-sharing 17, 38, 40–43, 86–87, 89–90, 110, 112, 124, 243–245, 247–248, 250–263, 265, 267–268, 271–272, 276, 280, 282–283, 285–286, 288–289, 292–294, 299, 316, 318 binding instrument 3, 18–20, 26, 56–59, 62, 97, 105–106, 111, 116–118, 127, 131–132, 135–136, 141, 159, 177–178, 196, 212, 223, 243–244, 265, 269–270, 298, 299–301 biodiversity 3–4, 11, 13–14, 16–17, 20, 22–24, 26–27, 32, 34–35, 39, 41, 45, 50, 52, 54–55, 61–62, 64, 76, 81, 83, 91, 93, 101, 122, 128, 131, 138, 140, 144, 147, 150–151, 167, 178, 181, 183, 188, 210–211, 221, 225–227, 234–235, 237, 239–240, 247–251, 256, 262–265, 267–270, 274, 278–279, 281, 283, 286, 292, 295, 298–301, 304, 306, 316–317, 319–322 capacity building 19, 24, 38, 40, 43, 45, 90, 92, 106, 109–112, 115, 124, 241, 244–245, 249, 259–260, 266, 279–280, 289, 299, 309, 315–316, 320 CBD (Convention on Biological Diversity) 13–14, 25, 35, 39, 63–64, 81, 86, 89, 91, 94, 129, 131, 137, 161–162, 166, 173, 188, 226–227, 232–236, 239–240, 244–248, 251–252, 254, 259–261, 265, 272, 282–284, 287, 292 coastal States 23–25, 56–66, 68–70, 73–77, 78–84, 88, 92, 94–95, 98, 100–101, 271 collaboration 32, 44, 78, 118, 159, 165–167, 169–170, 183, 212, 214–215, 222, 241, 284, 298, 310–313, 318–319, 321 consensus 19, 81, 92, 101, 106, 108–110, 112, 114, 118, 121, 125, 144, 178–179, 199, 261, 270 conservation and management measures 22, 29, 52, 54, 68, 101, 121–122, 129, 137, 228 conservation and sustainable use 3, 16–20, 22, 24, 26, 32, 49, 54, 57–59, 62, 64, 85–86, 90, 97, 100, 104–106, 108, 110–111, 114–115, 121, 129, 145–147, 151–152, 158, 326 conservation and sustainable use (cont.) 167, 177–178, 181, 196, 212, 244–248, 250, 253, 255, 265, 270, 280, 298–301, 316, 318, 320–322 conservation and sustainable use of biodiversity 3, 24, 178, 247–248, 250, 298–299, 301, 318, 320, 322 continental shelf 7–8, 56, 66–67, 71, 74, 77–78, 80–81, 89, 100–102, 105, 190–193, 206, 208 cooperation 41, 43–44, 61–62, 64–65, 68–69, 82–84, 88–89, 95–96, 98–102, 107–109, 117–118, 121–122, 126, 128, 138, 142–144, 154–155, 157–158, 170, 176, 183, 193, 199, 204, 206, 208–209, 249, 256, 260, 269–271, 288–290, 295–296, 298, 303, 309, 311, 314–318, 323 coordination 43, 69, 88, 90, 96, 98, 100–102, 108, 109, 125, 126, 127, 128, 136, 147, 153, 155, 157, 158, 171, 209, 248, 272, 284, 287, 295, 296, 302, 308, 310, 312, 314, 318 decision-making 22, 30, 52, 60, 73, 81, 94, 100, 103, 107, 109, 119, 121–124, 130, 133–134, 138, 146, 153–155, 183, 217, 220, 235, 241 designation 12, 29, 63, 67, 69, 73, 75–77, 79–81, 83, 92, 126, 129, 145, 153, 192, 228, 241, 297 developing countries 40, 45, 87–88, 121, 247, 252, 253, 259, 264–266, 279–280, 288–289, 292, 299–300, 315–316, 318–319 development 4, 9, 13, 16, 18, 21, 23, 25–26, 30, 38, 40, 42, 44–45, 53, 61, 83, 86–90, 94–96, 98–99, 102, 104–105, 107, 109, 112, 120, 126, 131–132, 136, 168, 176, 188–189, 211, 213–214, 217–218, 220, 224, 230, 237–239, 241–243, 245, 248, 253–255, 257, 260, 265–266, 270, 274–275, 277, 280, 285, 287, 289, 293, 295, 298–303, 305–306, 308–316, 318–323 EBSA 13–14, 32, 162, 166, 173, 188, 259 ecosystems 4–5, 8–9, 23, 32, 51, 57, 63, 83, 86, 96, 108, 115, 145, 165, 167, 170, 185, 187, 199, 209, 225, 227, 245, 254, 259 Index EEZ (Exclusive Economic Zone) 7, 15, 43, 51, 65–69, 72, 74, 78–79, 83, 91, 161, 166, 173–174, 182, 191–193, 208, 248, 278, 287 EIA (environmental impact assessments) 16–17, 26, 29–30, 35–36, 38, 55, 90, 98, 100, 106–107, 109–110, 112, 118, 123, 125, 130–135, 177, 179, 181, 194–195, 196–198, 211–217, 219–222, 224–227, 229–232, 234–241, 244, 284–285, 297 environment 5, 37–38, 51, 53–54, 89, 101, 123, 125, 130, 145, 150, 192, 195, 197, 199, 211, 214–215, 217, 220, 225, 234, 240, 248, 250, 256, 262, 275, 302, 315 exploration 7–9, 13–14, 31, 71, 88, 99, 157, 161, 183, 193, 201, 231, 258, 312, 316 fishing activities 30, 107, 114, 126, 130, 132–134, 142, 144, 146–147, 156, 171, 184, 200, 228 FSA (Fish Stocks Agreement) 62, 68–69, 80, 82, 105, 113, 115, 118, 121–124, 126, 127, 131–133, 136–138 genetic material 40, 86, 89, 245–247, 250, 254–255, 257, 259–261, 264–266, 278, 280, 285 genetic resources 17, 19, 21, 24, 38–42, 44–45, 85–87, 89, 99, 107, 111, 141, 181, 209, 243–246, 249–258, 260–261, 263, 266–268, 270–272, 276–278, 280–283, 286, 294, 298–301, 303–307, 311–312, 314–316, 320, 322 governance 6, 9, 17, 21, 24–26, 28, 31–33, 38 governance gaps 28, 33, 100–101, 104, 106, 115–116, 121, 135–136, 180 governance principles 27–28, 104, 106–107, 116, 119, 121, 135, 138, 293 guidelines 12, 30, 36, 43, 96, 101, 115, 119, 128, 133, 136, 198, 213, 224, 226–229, 231, 234–236, 240–241, 249, 289, 291, 295–296, 306, 318 Hamilton Declaration 14, 32, 73–74, 78–79, 159–160, 164, 167–169, 182 Index Highly Migratory Fish Stocks 3, 52, 62, 68–70, 80, 97, 101, 123, 145–148, 150–151, 180, 228, 317 high seas 3–4, 7, 8–17, 21, 23, 27, 32, 34–35, 49–55, 56, 62, 65–70, 74–75, 77–80, 87, 90–92, 96, 101–102, 105, 108, 113, 119, 121, 126, 128–129, 137, 140–146, 148, 151, 159–160, 165–167, 170, 173, 177, 180–182, 186–187, 189–195, 197, 203, 207–210, 213, 228–230, 232–233, 236–237, 269, 275, 277, 281, 303 high seas conservation 32, 159, 167, 182 ILBI (international legally binding instrument) 3, 19–21, 23–28, 30–31, 33–35, 38, 40, 42–45, 56–59, 61, 63, 69–70, 79, 81–83, 244–247, 254, 257–261, 264–266, 269–272, 274–276, 278, 280, 282–283, 286–287, 292–296, 299–304, 306, 310, 314, 316–323 impacts 4, 11–12, 27, 29, 31–32, 34–35, 64, 101, 114, 117, 121, 123, 129–133, 136, 145, 153, 155, 175, 181–183, 186–187, 189, 197–198, 200–204, 211, 213–215, 217, 220–222, 224, 226, 228–229, 231, 233–234, 236–238, 275, 308 Implementation Agreement 27, 52, 104, 135 intergovernmental conference 19, 34, 56, 58–59, 63, 81, 90, 106, 112, 141, 153, 178, 244, 270 international cooperation 41, 44, 88, 99, 144, 208, 249, 269, 271, 288–289, 295, 309, 311, 315–316, 318 international instruments 53, 168, 181, 239, 265 international law 7–8, 11, 14, 22–23, 27, 30, 37, 52–54, 71, 73–79, 81–82, 91, 95, 100, 107, 125, 128, 130, 140, 142, 146, 150, 153, 156, 158, 165, 169, 182, 190, 194–195, 211, 213, 218–220, 238–239, 248, 295, 299 interpretation 20, 24, 71, 213, 219, 227, 232, 235–236, 238–239, 246, 265, 271, 279 IOC (Intergovernmental Oceanographic Commission) 25, 207, 209, 248–249, 258–260, 264, 289, 295, 306–310, 317–321 ISA (International Seabed Authority) 7–9, 13–14, 30–32, 119, 125, 135, 157, 201–202, 327 206, 212, 230–231, 233–235, 237, 239–240, 249, 258, 264 IUCN (International Union for Conservation of Nature) 9, 13, 21, 42, 50, 55, 106, 116, 118, 123, 160, 188, 192, 256, 276–278, 286, 305 jurisdiction 7, 9–10, 23–25, 27, 29, 36, 54, 60–61, 64–66, 69, 75, 77, 81, 84, 86, 94–95, 102, 121, 126, 130, 136, 156, 168, 180, 183, 191–194, 199, 208, 227, 232, 248, 251–252, 262, 266, 269, 277, 321 law 4, 14, 25, 30, 37, 45, 49–50, 53, 67, 70–71, 75, 82, 85–87, 91, 95–97, 100, 104, 110–111, 131–132, 135, 157, 163, 165, 170, 192, 194, 211–212, 218–221, 232, 235, 237–239, 256, 262, 296 legal basis 63, 67, 125, 130, 214, 289 legal framework 56, 58, 80–81, 86–87, 89, 92, 100, 102–103, 116, 168, 212, 271 legal regimes 89, 101, 103 LOSC (Law of the Sea) 3–4, 7–11, 16–17, 21–25, 27, 29, 34, 36–37, 39, 43–44, 49, 52, 56, 58, 61–72, 77–82, 85, 87, 89–90, 92–102, 104–112, 115, 121, 127, 130–132, 135, 167, 178, 180, 182–183, 189–200, 204, 206, 208–212, 224–225, 228–237, 239–240, 243–245, 247–250, 259–260, 269–270, 274–275, 287–289, 296–303, 307–308, 311–322 management 9, 12, 14, 17, 19, 22, 24–27, 34, 43 management measures 22, 29, 53–54, 68, 101, 121–122, 128–129, 132–133, 137, 145, 152–153, 155, 162, 229, 299 marine biodiversity 11–13, 16, 18–19, 31–32, 38, 41–42, 45, 55, 67, 84, 104, 106–107, 111, 114–115, 125, 145, 147, 149–150, 152, 158, 180, 186, 194, 212, 241, 245, 251, 270–272, 275–279, 282, 299–300, 304, 307, 316 marine ecosystems 11–12, 14, 22, 29, 94, 96, 101, 126, 128–129, 132–133, 150–151, 168, 171, 184, 204, 228–229, 238, 254, 284, 305 marine environment 8–11, 23, 25–26, 29, 31, 34–37, 51–52, 55, 57–58, 65, 67, 73, 82–84, 91, 94–96, 98–101, 107, 117, 121– 122, 136, 138, 143–145, 147, 151, 163, 168, 328 marine environment (cont.) 179, 181, 183, 186, 194–197, 199, 200–204, 206, 210, 224–225, 230, 233, 239, 242, 244–245, 247–248, 255, 275, 286, 297 Marine Genetic Resources 17, 38, 41–42, 44, 243, 245, 255, 258, 267–268, 271, 275–278, 304–305 maritime zones 25 MGRs (marine genetic resources) 26, 39, 41–43, 45, 243–246, 248–250, 254–255, 257–261, 265, 266 MPAs (marine protected areas) 15–17, 23–24, 26–27, 35, 56–61, 63–67, 69, 73–83, 90–92, 94, 98, 102, 118, 125–127, 142–146, 152–154, 158, 177, 181, 192–193, 195–197, 244, 259 MPAs in ABNJ 15–16, 23, 35, 56, 58–61, 63–65, 67, 69, 73–77, 79–83 MSP (marine spatial planning) 24–26, 90, 93–98, 101–102 NAFO (Northwest Atlantic Fisheries Organization) 122–124, 128–129, 134, 138, 148, 161–162 national jurisdiction 3, 6, 11, 14, 16–21, 23– 24, 26–27, 29, 32, 35–36, 38–39, 41, 43, 49, 54, 56–59, 61–63, 65, 67, 76, 85–86, 88, 90–93, 97–99, 102–105, 107–108, 111, 126, 128, 130, 133, 142–147, 152–153, 158–160, 166–169, 173, 177–181, 188, 190, 194–196, 198, 200, 208–209, 211–212, 230, 241, 243–244, 246, 248–249, 254–255, 261, 265, 267–272, 274, 276–277, 281, 283, 287–288, 293, 298–301, 317, 320 natural resources 36, 88, 94, 100, 190–191, 213, 245, 247, 251–252, 270 NEAFC (North-East Atlantic Fisheries Commission) 120, 122, 124, 126, 128, 134, 136, 138, 150, 228–229, 232, 236, 239, 241 new implementing agreement 16, 85, 90–93, 98, 167 ocean governance 16, 24–25, 31, 33, 38, 49–50, 53, 93, 95–96, 103, 142, 145, 177, 181, 190, 312 oceanography 306, 312 oceans 4, 6–7, 22, 25–26, 35, 50, 54, 58, 79, 93, 96–98, 105, 109, 114, 121, 160, 168, Index 209, 211–212, 231, 268–269, 274–275, 277, 286, 297, 300, 321 OSPAR 36 OSPAR Commission 76–77, 80–81, 83–84, 91, 102, 120, 203 OSPAR Convention 15, 63, 75, 80–81, 128, 162, 203, 225 precautionary approach 22, 52, 121–122, 150–151, 171, 220 PrepCom 20, 23–24, 26, 28–29, 34, 45, 58–63, 69, 73, 81, 84, 90, 97, 105–107, 111–113, 116, 118, 120, 126–127, 130–132, 135–137, 196, 275, 299–301, 307, 322 principles 16, 20–23, 28, 37, 49–55, 59, 88, 94–97, 99–100, 106–108, 121–122, 124–125, 130, 135–136, 143, 157–158, 195, 210, 219, 222, 228, 234–235, 237–239, 248, 272, 290, 296, 303, 318 protected areas 4, 11, 14, 16, 19, 24, 27, 29, 31, 33, 43, 56, 57, 63, 74, 90, 102, 111, 118, 128, 140, 142, 144, 177, 181, 192–193, 242, 244, 274, 284, 297 protection 8, 11–15, 17, 25, 53, 57, 73, 84, 86, 89, 91, 94–96, 101–102, 117, 119, 121, 123, 129, 133, 143, 145, 147, 150, 161, 168, 171, 183–184, 194–195, 197, 200, 206, 220, 227, 229, 244, 297, 302 regime 3, 7–12, 14, 17, 20, 23–24, 31, 35–39, 41, 51–52, 55, 67, 69–70, 79–80, 82, 87, 89, 92–93, 99, 101, 103, 108–109, 113–115, 120, 124–126, 128, 130, 133, 135–136, 141, 144, 146–147, 167, 180, 182–183, 192, 199–200, 209–211, 228, 235–236, 239, 250, 255, 258, 267, 271–272, 274, 287–288, 295–296, 298, 300–301, 303 regional fisheries bodies 138, 228, 241 regional fisheries management organizations 53, 106, 140 regulations 9, 98, 115, 145, 179, 197, 199, 201–202, 206, 218–219, 228, 230–231, 234–235, 239, 249, 256, 259, 261–262, 266, 276 research 6, 8, 11, 41–45, 57, 86, 94, 161, 163, 207–209, 214, 217, 225–226, 248–249, 259, 261, 265, 268, 272, 274–276, 278– 281, 284–286, 288–296, 298, 300–308, 310–320, 322–323 Index resources 4–5, 7–9, 17, 21, 25, 28, 41–42, 44–45, 50, 55, 67–68, 83, 86–89, 93–94, 98–100, 105–108, 114, 120, 123–125, 133, 143, 149–151, 161–162, 171, 180–181, 192– 195, 197, 201, 209, 215, 230–231, 235, 237, 245–246, 248–253, 256, 258, 263, 269, 274–275, 278–281, 285–286, 292–293, 297, 300, 302, 305, 307, 310–312, 314, 316–317, 319–321, 323 responsibilities 25, 34, 66, 93, 120–121, 189, 225, 303 RFMOs (regional fisheries management organization) 12–13, 27–33, 52, 106–107, 113–118, 120–129, 132–133, 135–137, 140, 142–143, 146–158, 165, 200, 205–206 rights 7–8, 14, 25, 34, 51–52, 56–62, 64–83, 86, 93–95, 98–99, 102, 112, 165, 169, 189–194, 246, 251–252, 268, 294, 296 Sargasso Sea 14, 28, 32, 35, 73, 74, 78, 120, 129, 159–175, 179, 182, 186, 198, 199, 200, 208 Sargasso Sea Commission 32, 159–160, 164–165, 167, 170, 175, 182 scientific research 8–9, 15, 40–42, 44, 69, 86, 119, 143, 175, 206, 208, 230, 237, 245–248, 260, 265, 267, 271, 274–275, 281, 288, 298, 301–303, 305–311, 313–316, 319–322 species 5–6, 8–9, 13, 23, 42–43, 51, 53, 61, 63, 76, 86, 97, 113, 115, 124, 133, 136, 144, 148, 149–150, 155, 160–162, 168, 171, 185, 188, 209, 227, 234, 245–246, 254–255, 279, 285, 287, 296 states 7–8, 14–15, 22–23, 25, 36, 40–42, 50–53, 55, 59–62, 76, 78, 80, 99, 132, 143–144, 146, 148, 150, 156, 158, 165–166, 173, 178, 180, 183, 191–195, 198, 204–205, 208, 211, 213–215, 217, 219–222, 224–227, 229–230, 232, 234–237, 239–241, 248, 250–251, 256, 259–260, 266–267, 329 268–269, 271, 277–278, 280, 287–291, 301, 316 sustainable development 23, 53, 94, 97, 217, 270, 275, 300, 308, 316, 320, 322 Sustainable Use 9, 62, 65, 91, 106, 117–118, 135, 141–143, 196, 247, 275, 295, 301, 305–306, 314, 320–322 technology 19, 24, 41, 44–45 technology transfer 43, 45, 106, 110, 247, 252, 257, 260, 274, 289, 298–308, 310–317, 319–323 territorial sea 74–75, 91, 102, 166, 173, 180, 182, 191 UNCLOS 26, 28, 32, 50, 57, 78, 86–88, 90, 92, 95, 98, 100, 144, 295, 299, 306 UNEP (United Nations Environment Programme) 15, 179, 184–188, 192–193, 215, 222, 224, 232–233, 235, 239, 246, 292 UNESCO (United Nations Educational, Scientific and Cultural Organization)  24–25, 94, 163, 207, 248–249, 277, 289, 295, 306, 308–309, 321 UNGA Resolutions 3, 12–13, 16, 18–19, 22, 29, 34, 42, 45, 87–88, 90, 113, 229, 320 UN/ United Nations 3–4, 6, 12, 15–17, 23, 27, 29–31, 38, 42, 49–50, 52–55, 60, 107–108, 111–112, 119–120, 141, 143, 146, 150, 154, 157–158, 161, 163–167, 173, 177–178, 182, 212, 217, 228, 238, 240–242, 244, 269–270, 275, 278, 288–289, 292, 309 values 38, 91, 197, 213, 218, 220, 233–234, 239–240, 289, 317 VMEs (vulnerable marine ecosystems) 12, 29, 129, 131–134, 136, 204–205, 228–229, 234, 241 ... UN) International Convention for the Conservation of Atlantic Tunas International Journal of Marine and Coastal Law International Legally Binding Instrument International Legal Materials Inter-Governmental... Becker-Weinberg points out, the LOSC does not refer to marine genetic resources or biodiversity 5.1 85  V Becker-Weinberg, ‘Preliminary Thoughts on Marine Spatial Planning in Areas beyond National Jurisdiction. ’... benefit-sharing drawing on existing models from international and national instruments.126 The problem, he explains, is that existing international models of benefitsharing have all evolved in the