Architecture and agency for equity in areas beyond national jurisdiction

Campbell, Lisa M.; Fail, Robin; Horan, Rebecca; Acton, Leslie; Blackwatters, Jeffrey E.; Lozano, Alejandro García; Gill, David; Gray, Noella J.; Gruby, Rebecca L.; Melvin, Emily C.; Murray, Grant; Wiehe, Emilie

doi:10.1016/j.esg.2022.100144

Cited by 4 publications

(2 citation statements)

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“…This growth has spurred concerns over inequitable distributions of the benefits and burdens of ocean development both within and among nations (Bennett et al 2021;Haas et al, 2022;Jouffray et al, 2020Jouffray et al, , 2021. Concerns over global inequity are particularly pronounced in ABNJ (Campbell et al, 2022a), which are often framed as a "final frontier" rife with development opportunities (Claudet et al, 2021).…”

Section: Governance Territory and Enclosure Of Ocean Space And Resourcesmentioning

confidence: 99%

“…While ABNJ are produced as spaces of freedom beyond state control (Steinberg, 2001), territorial and non-territorial forms of control over resources and knowledge have served to privilege powerful actors, including private enterprise and nongovernmental organizations (NGOs), at the expense of developing nations and marginalized communities (Peters, 2020; Vadrot et al, 2021). Through international institutions, states and private actors produce territories for management in ways that project power and relationships onto ocean space and limit regulatory options (Acton et al, 2019; Campbell et al, 2022a). At the same time, state and regional patent offices grant exclusive rights to use knowledge and information within their jurisdictional boundaries (WIPO, 2020).…”

Section: Governance Territory and Enclosure Of Ocean Space And Resourcesmentioning

confidence: 99%

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(Un)claiming rights, resources, and ocean spaces: Marine genetic resources and area-based management tools in high seas governance negotiations

Melvin

Acton

Campbell

2022

Environment and Planning E: Nature and Space

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After years of informal efforts, the parties to the United Nations Convention on the Law of the Sea (UNCLOS) are negotiating an international legally binding instrument to address governance gaps that have impeded attempts to conserve biodiversity in areas beyond national jurisdiction (ABNJ). Though these discussions were initiated in response to concerns about biodiversity, states have used them to advance competing claims regarding rights of access, ownership, and control of ocean spaces and resources. This paper examines how states have discussed ocean space in negotiations regarding area-based management tools (ABMTs) and marine genetic resources (MGRs) at the first three intergovernmental conferences regarding biodiversity in ABNJ. ABMTs, which have become widespread in governing ocean space for conservation, are premised on an ontological framing that ocean space can be divided by geographical boundaries into territories for management. MGRs, on the other hand, are newly recognized governance objects that cross existing spatial boundaries: between areas of national and international jurisdiction, between the seafloor and water column, and between the ocean and the laboratory. Through their mobility, MGRs reveal how territorial forms of governance over material resources intersect with other forms of exclusion, control, and rights-based institutions, suggesting the need to develop creative management regimes that go beyond territorial approaches.

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