Addressing the Ocean-Climate Nexus in the BBNJ Agreement: Strategic Environmental Assessments, Human Rights and Equity in Ocean Science

Morgera, Elisa; McQuaid, Kirsty A.; Bianca, Giulia La; Niner, Holly J.; Shannon, Lynne J.; Strand, Mia; Rees, Siân E.; Howell, Kerry L.; Snow, Bernadette; Lancaster, Alana Malinde S.N.; Sauer, W. H. H.

doi:10.1163/15718085-bja10139

Cited by 10 publications

(4 citation statements)

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“…Atlantic ABNJ, it is clear that despite intention within many policies for an ecosystem approach, the protection of ecosystem resilience is poorly operationalised (Mace et al, 2014). As highlighted by research elsewhere the climate regime poorly encapsulates the role of the ocean in global climate regulation and there is a lack of integration between climate and marine biodiversity governance (Harrould-Kolieb, 2021;Morgera et al, 2023b). The lack of integration is a key signal that the ecosystems approach required by various international and sectoral policies that sets a need to consider the connections among and between natural assets and humans is not being appropriately fulfilled (Borja et al, 2016).…”

Section: Discussionmentioning

confidence: 99%

A risk assessment for the remote ocean: the case of the South East Atlantic

Niner,

Rees,

La Bianca

et al. 2024

Front. Mar. Sci.

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Degradation of the natural world and associated ecosystem services is attributed to a historical failure to include its ‘value’ in decision-making. Uncertainty in the quantification of the relationship between natural capital ‘assets’ that give rise to critical societal benefits and people is one reason for the omission of these values from natural resource management. As this uncertainty increases in marine systems and further still with distance from the coast, the connection between society and natural capital assets is less likely to be included adequately in decision-making. Natural capital assets of Areas Beyond National Jurisdiction (ABNJ), including those of the deep sea, are distant but are known to generate many benefits for society, from the diffuse and broad-scale benefits of climate regulation to the provision of wild fish for food. While our understanding of the precise relationships (the status of asset stocks, ecosystem functions and processes) that control the availability of ecosystem services and the flows of benefits is limited, this does not preclude opening a discourse on how these natural capital assets could best be managed to continue to benefit society. Here we apply a natural capital approach to the South East Atlantic ABNJ, one of the least scientifically understood regions of the planet, and develop a framework for risk assessment. We do this by describing the benefit flows from the natural capital assets of the region, appraising how activities are creating pressures on these flows and whether the controls for these pressures protect them. Our risk register highlights how governance currently favours the protection of direct (extractive) benefit flows from natural capital assets of the region, which are primarily targeted for financial benefit. Without a systems-based framework that can account for the cumulative pressures on natural capital assets their status, associated ecosystem services and benefits are at risk. Such an approach is essential to capture and protect the foundational and often diffuse connections between marine natural capital and global society.

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Section: Discussionmentioning

confidence: 99%

A risk assessment for the remote ocean: the case of the South East Atlantic

Niner,

Rees,

La Bianca

et al. 2024

Front. Mar. Sci.

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“…It also remains to be clarified how questions of human rights accountability can be ensured in the context of regional and global ocean governance processes, which have a bearing on critical questions related to fisheries and other ocean resources management at the national level. The 2023 High Seas Treaty provides entry points for the consideration of human rights and new levels of transparency that can have an influence on other global and regional ocean instruments 47 .…”

Section: Catalyzing Marine Protection and Increasing Accountability T...mentioning

confidence: 99%

The human right to a clean, healthy and sustainable ocean

Bennett,

Morgera,

Boyd

2024

npj Ocean Sustain

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The United Nations General Assembly adopted a resolution in 2022 that formally recognizes that there is a universal human right to a clean, healthy and sustainable environment. Yet there is evidence that human rights impacts associated with the degradation of the ocean environment are accelerating. In this perspective, we highlight how the recognition of the human right to a healthy environment can catalyze ocean action and transform ocean governance. In particular, it can do so through 1) catalyzing marine protection and increasing accountability through clarifying state obligations, 2) improving the inclusiveness of ocean governance, including through prioritizing and empowering groups in situations of vulnerability, and 3) enhancing ocean economy practices through clarifying private sector responsibilities. To those ends, there is an urgent need to move from recognition to implementation in order to protect both current and future generations’ human right to a clean, healthy and sustainable ocean.

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“…The agreement focuses on the conservation of marine biodiversity and aims to maintain the integrity of marine ecosystems and achieve sustainable development goals. From a content perspective, the agreement establishes large-scale marine protected areas and imposes restrictions on fishing volume, shipping routes, and exploration activities, including deep-sea mining (Morgera et al, 2023).…”

Section: United Nations Agreement On the Protection Of High Seas Biod...mentioning

confidence: 99%

Toward better governance of the marine environment: an examination of the revision of China’s marine environmental protection law in 2023

Huang,

Zhou,

Wang

2024

Front. Mar. Sci.

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The marine economy has become an increasingly important contributor to the global economy due to advancements in science and technology and humans’ growing ability to manipulate nature. As a country with a vast marine territory, China has the important responsibility of utilizing marine resources rationally and promoting sustainable development of the marine economy. Since the introduction of the Marine Environmental Protection Law of the People’s Republic of China (MEPL) in 1982, China has made significant progress in strengthening the legal framework for marine environmental protection. MEPL has undergone several revisions to improve its legal content under the guidance of national policies. On October 24, 2023, the Standing Committee of the National People’s Congress revised and adopted MEPL again. This paper analyzes the changes in the contents of the new law and the legal background at home and abroad while integrating the domestic and international legal backgrounds. This paper provides an in-depth analysis of the changes made in the new law, summarizes the revision ideas, and examines the new law in the context of domestic and international laws. The aim is to provide a clear understanding of the spirit and purpose of the legislation.

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Addressing the Ocean-Climate Nexus in the BBNJ Agreement: Strategic Environmental Assessments, Human Rights and Equity in Ocean Science

Cited by 10 publications

References 0 publications

A risk assessment for the remote ocean: the case of the South East Atlantic

A risk assessment for the remote ocean: the case of the South East Atlantic

The human right to a clean, healthy and sustainable ocean

Toward better governance of the marine environment: an examination of the revision of China’s marine environmental protection law in 2023

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