The distributions of migratory species in the ocean span local, national and international jurisdictions. Across these ecologically interconnected regions, migratory marine species interact with anthropogenic stressors throughout their lives. Migratory connectivity, the geographical linking of individuals and populations throughout their migratory cycles, influences how spatial and temporal dynamics of stressors affect migratory animals and scale up to influence population abundance, distribution and species persistence. Population declines of many migratory marine species have led to calls for connectivity knowledge, especially insights from animal tracking studies, to be more systematically and synthetically incorporated into decision-making. Inclusion of migratory connectivity in the design of conservation and management measures is critical to ensure they are appropriate for the level of risk associated with various degrees of connectivity. Three mechanisms exist to incorporate migratory connectivity into international marine policy which guides conservation implementation: site-selection criteria, network design criteria and policy recommendations. Here, we review the concept of migratory connectivity and its use in international policy, and describe the Migratory Connectivity in the Ocean system, a migratory connectivity evidence-base for the ocean. We propose that without such collaboration focused on migratory connectivity, efforts to effectively conserve these critical species across jurisdictions will have limited effect.
This essay addresses the question of how the international community could designate high seas marine protected areas (MPAs) that would be binding on all states. This is a key issue for the forthcoming UN negotiations of an International Legally Binding Instrument (ILBI) on conservation and sustainable use of biodiversity in areas beyond national jurisdiction. However, this is a longstanding question, the importance of which transcends the ILBI negotiations. Some have argued for the establishment of a centralized Ocean Governance Authority, whose decisions would be universally binding; others have argued that existing regional and sectoral bodies can be relied on to protect biodiversity in areas beyond national jurisdiction. The experience of the Sargasso Sea project is that some sort of centralized or coordinating regime is needed to make MPAs effective across regional and sectoral bodies.
Intentional ocean fertilization and the commercial sale of associated carbon offsets raise a number of issues in international law. On the one hand, states are obliged to adopt adaptation and mitigation measures to prevent dangerous climate change. On the other hand, international law obliges states to protect and preserve the marine environment and to act in a precautionary manner in the face of scientific uncertainty. In this article, we examine the application of the international Law of the Sea to ocean fertilization, with particular reference to the law's dumping regime, which prohibits the dumping of wastes or other materials from vessels into the ocean. We then examine the application of the international legal regime on climate change to ocean fertilization and assess the international legal basis for the sale of carbon offsets or carbon credits associated with ocean fertilization. We conclude that ocean fertilization is governed by the dumping regime and that its commercialization is inconsistent with international law unless and until independent, internationally peerreviewed scientific research and assessment demonstrates that it is effective and that its benefits outweigh the risks to the marine environment.
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