South Atlantic Perspectives on the Future International Legally Binding Instrument under the losc on Conservation and Sustainable Use of bbnj

Abstract

The article focuses on the ocean governance systems of the South Atlantic Ocean aiming to contribute to the on-going debate concerning the development of an international legally binding instrument (ilbi) under the un Convention on the Law of the Sea on conservation and sustainable use of marine biodiversity beyond national jurisdiction (bbnj). For this purpose, a broad definition of South Atlantic Ocean has been adopted. The regional treaties and global initiatives relevant for the area are analysed in the context of discussions addressing bbnj. It also evaluated the importance of submissions to the Commission on the Limits of the Continental Shelf concerning the region. The main conclusion is that an ilbi is needed to supplement non-existent or insufficient ocean governance systems in the region and to strengthen and foster the progress of the regional ocean’s governance framework, provided that crucial factors such as transfer of technology and capacity-building are adequately addressed.

The Voice of Science on Marine Biodiversity Negotiations: A Systematic Literature Review

“…The Aichi targets under the CBD aim to put 10% of the ocean under protection and under the CBD, Ecologically or Biologically Significant Marine Areas (EBSAs) were identified and their descriptions adopted by the Conferences of the Parties (Dunn et al, 2014;Dunstan et al, 2016;Gjerde et al, 2016;Van Dover et al, 2016;Warner, 2016Warner, , 2017Warner, , 2018Durussel et al, 2017;Friedman, 2017;Laffoley and Freestone, 2017;Ribeiro, 2017;Shirayama et al, 2017;De Santo, 2018;Johnson et al, 2018). The CBD, in this way, actively promotes marine protected areas in ABNJ, however does not have the mandate for their designation and management (Ardron et al, 2014).…”

“…RFMOs (Tladi, 2015) Secretariat (DOALOS) (Tladi, 2015) legal, scientific and/or technical commission (Tladi, 2015) COP for adoption (Marciniak, 2017); decision-making body (Tladi, 2015;Gjerde et al, 2016Gjerde et al, , 2019 Involvement of all relevant sectors stakeholders (De Santo, 2018), including the fisheries industry and scientific community, in monitoring, control and surveillance activities through e.g., data collection and sharing UNCLOS Duty to "protect and preserve the marine environment" (Tladi, 2015) Art. 194( 5): Legal basis for the establishment of MPAs in ABNJ, but no provision regarding procedures for their designation and management (Elferink, 2019) Due regard and adjacency: "Due regard" provides the general benchmark for addressing the relationship between coastal States and States carrying out activities in ABNJ (necessary for BBNJ, otherwise not consistent with UNCLOS); "adjacency" only in the context of the regime for fisheries (Elferink, 2018) UNFSA "Duty to cooperate" to influence organizations without undermining them; "ecosystem approach"; "precautionary approach"; "science based approach" (Art.5); mechanisms for international cooperation (Part III) (Gjerde et al, 2019) Compatibility and adjacency of Article 7, ensuring that measures for the high seas "do not undermine the effectiveness" of measures adopted by coastal State; "compatibility" elaborates on rights and obligations of States to cooperate in relation to straddling fish stocks and highly migratory fish stocks (Elferink, 2018 et al, 2018) CBD Capacities of regional organizations vary (Ribeiro, 2017;De Santo, 2018;Mossop, 2018) Limited geographical coverage of ABNJ through existing instruments: Abidjan convention (Dias et al, 2017;Ribeiro, 2017), Cartagena Convention (Ribeiro, 2017); abyssal regions in OSPAR MPAs (Evans et al, 2015); no coverage of South American Atlantic waters (Dias et al, 2017) Limited powers of OSPAR and NEAFC to prosecute individuals and need commitment of commercial industries, such as fishing and shipping (Evans et al, 2015) Failure of South Orkney Islands MPA, which leaves several pelagic bioregions and geomorphic zones unrepresented and adjacent regions with highest conversation value unprotected in or...…”

The Environmental Dimension of the “Brazilian Blue Amazon”: Environmental Rights and Duties on the Continental Shelf

“…It equals the “central Atlantic”, between tropic of Cancer and the Ecuador Line, and the South Atlantic strictu sensu . For more, see Ribeiro ( 2017 ), p. 740.…”

Data_Sheet_1.pdf

“…RFMOs (Tladi, 2015) Secretariat (DOALOS) (Tladi, 2015) legal, scientific and/or technical commission (Tladi, 2015) COP for adoption (Marciniak, 2017); decision-making body (Tladi, 2015;Gjerde et al, 2016Gjerde et al, , 2019 Involvement of all relevant sectors stakeholders (De Santo, 2018), including the fisheries industry and scientific community, in monitoring, control and surveillance activities through e.g., data collection and sharing UNCLOS Duty to "protect and preserve the marine environment" (Tladi, 2015) Art. 194 5: Legal basis for the establishment of MPAs in ABNJ, but no provision regarding procedures for their designation and management (Elferink, 2019) Due regard and adjacency: "Due regard" provides the general benchmark for addressing the relationship between coastal States and States carrying out activities in ABNJ (necessary for BBNJ, otherwise not consistent with UNCLOS); "adjacency" only in the context of the regime for fisheries (Elferink, 2018) UNFSA "Duty to cooperate" to influence organizations without undermining them; "ecosystem approach"; "precautionary approach"; "science based approach" (Art.5); mechanisms for international cooperation (Part III) (Gjerde et al, 2019) Compatibility and adjacency of Article 7, ensuring that measures for the high seas "do not undermine the effectiveness" of measures adopted by coastal State; "compatibility" elaborates on rights and obligations of States to cooperate in relation to straddling fish stocks and highly migratory fish stocks (Elferink, (Ribeiro, 2017;De Santo, 2018;Mossop, 2018) Limited geographical coverage of ABNJ through existing instruments: Abidjan convention (Dias et al, 2017;Ribeiro, 2017), Cartagena Convention (Ribeiro, 2017); abyssal regions in OSPAR MPAs (Evans et al, 2015); no coverage of South American Atlantic waters (Dias et al, 2017) Limited powers of OSPAR and NEAFC to prosecute individuals and need commitment of commercial industries, such as fishing and shipping (Evans et al, 2015) Failure of South Orkney Islands MPA, which leaves several pelagic bioregions and geomorphic zones unrepresented and adjacent regions with highest conversation value unprotected in order not to interfere with krill fishery (Smith and Jabour, 2018) OSPAR NEAFC/OSPAR MoU…”

“…The resulting disadvantage for developing states is particularly evident in the case of access and utilization of MGRs but, also, across all package elements. Indeed, research depicts poverty as "by far the greatest barrier to the conservation and sustainable use of marine biodiversity in the South Atlantic, " leading to ineffective measures (Ribeiro, 2017). With a lack of financial capacity to protect their own biodiversity, some countries will not be able to implement ambitious measures of the future treaty without CB&TT (Peña Neira, 2017).…”