Who owns marine biodiversity? Contesting the world order through the ‘common heritage of humankind’ principle

Vadrot, Alice B. M.; Langlet, Arne; Wysocki, Ina Tessnow-von

doi:10.1080/09644016.2021.1911442

Cited by 32 publications

(33 citation statements)

References 55 publications

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“…3 complemented the database. A systematic matrix served for taking field notes (see methodology in Vadrot et al, 2022), covering the categories actor, observation (verbal and non-verbal), comment (content of observation), date, and time (moment when observation occurs).…”

Section: Methods and Datamentioning

confidence: 99%

Governing a Divided Ocean: The Transformative Power of Ecological Connectivity in the BBNJ negotiations

Wysocki

Vadrot

2022

PaG

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Science plays an important role in the emergence, development, and implementation of new environmental regimes. However, there are opposing views regarding the type of knowledge that is considered policy-relevant to address global environmental problems. In intergovernmental negotiations, these tensions are visible in debates about the inclusion of scientific concepts in a negotiated text. This article analyses the case of “ecological connectivity” in the negotiations for an international legally-binding instrument (ILBI) for the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ). As a key scientific concept portraying the ocean as one, the term ecological connectivity challenges the status quo and has far-reaching implications for future ocean governance. Our study draws on ethnographic data collected during the BBNJ negotiations and analyses the actors and their different rationales for including the ecological connectivity concept in the treaty text. Our results demonstrate two things. First, state and non-state actors use the ecological connectivity concept to support their interests in the new ILBI, based on different types of rationales: ecologic, socio-economic, juridic, and epistemic. Second, our analysis demonstrates that several actors recognise the limitations of the existing legal order underpinning ocean governance in areas beyond national jurisdiction and are keen to embrace a new legal framework regarding the idea of an interconnected ocean. We conclude that while the ecological connectivity concept runs the risk of losing its meaning in an array of competing political interests, it does have the potential to achieve transformative change in global ocean governance and fundamentally alter the way humans use and protect BBNJ.

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Section: Methods and Datamentioning

confidence: 99%

Governing a Divided Ocean: The Transformative Power of Ecological Connectivity in the BBNJ negotiations

Wysocki

Vadrot

2022

PaG

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“…In sum, in future negotiations, delegates would benefit from assigning clear competences to the BBNJ Agreement bodies to clarify the relationship between the BBNJ Agreement and existing instruments. Most effort is required for the positioning toward a common strategy for environmental protection beyond national state interests (Vadrot et al, 2021).…”

Section: Building Environmental Policy Integration Through the Bbnj A...mentioning

confidence: 99%

A UN Treaty for Marine Biodiversity: Establishing Environmental Policy Integration in Global Governance

Barirani

2022

Global Policy

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An extensive regime for marine biodiversity in 'areas beyond national jurisdiction' is currently discussed under the United Nations. A key aspect of its institutional design concerns the integrative quality of the treaty that is to be developed on the conservation and sustainable use of biodiversity beyond national jurisdiction -called the 'BBNJ Agreement'. There is a large number of global and regional policy instruments regulating activities in the areas beyond national jurisdiction.Yet, issues of integrating and coordinating these instruments prevail, raising the question how a new treaty could provide for environmental policy integration in ocean governance. This paper draws on environmental policy integration literature of the past three decades to explore, ex ante, to what extent the planned ocean treaty can contribute to more institutional harmonization. It examines how the treaty addresses four key policy-making dimensions of environmental policy integration, and new opportunities and challenges that have emerged, based on the attributes of the treaty provisions and its institutional architecture. This paper concludes that the BBNJ Agreement offers an alternative policy framework which has the potential to enhance the conservation and sustainable use of marine biodiversity by triggering more international cooperation and collaboration and filling gaps in ocean governance.

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“…Addressing these issues within the negotiations through both substance and process is critical, given that the new treaty can have direct implications for how ocean science and management are conducted. But references to the common heritage of humankind principle as a legal foundation have been controversial (Vadrot et al, 2022). This debate has primarily centered around the regulation of MGRs, where normative arguments on benefit sharing and equity have come into conflict with concerns about the principle's practical effects on scientific research and international intellectual property law (Harden-Davies, 2017).…”

Section: Social Benefitsmentioning

confidence: 99%

The diverse benefits of biodiversity conservation in global ocean areas beyond national jurisdiction

et al. 2022

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The end of the long and winding road towards a milestone new treaty focused on the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ) is near. The BBNJ treaty has the potential to dramatically transform environmental stewardship in the high seas, making it essential that vigorous support towards a strong treaty continues, without weakening the agreement’s full potential. Historically, the dialogue surrounding the BBNJ negotiations has focused on the agreement’s environmental and conservation-related impacts. Here, we begin to highlight the many diplomatic, economic, and social benefits of a vigorous and equitable BBNJ treaty. We found that strong support for the BBNJ treaty could strengthen multilateral institutions and bolster international cooperation towards common environmental goals. It could also enhance the health of shared marine ecosystems and resources and drive truly sustainable ocean-based economic growth. Finally, the treaty provides an opportunity to engage equity as a key principle, to begin tackling global ocean inequalities in a meaningful way. Together, we find that the new treaty has the potential for widespread and diverse benefits for all member nations. It is past time for the international community to address the global governance gap in the high seas in an ambitious and equitable manner.

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Who owns marine biodiversity? Contesting the world order through the ‘common heritage of humankind’ principle

Cited by 32 publications

References 55 publications

Governing a Divided Ocean: The Transformative Power of Ecological Connectivity in the BBNJ negotiations

Governing a Divided Ocean: The Transformative Power of Ecological Connectivity in the BBNJ negotiations

A UN Treaty for Marine Biodiversity: Establishing Environmental Policy Integration in Global Governance

The diverse benefits of biodiversity conservation in global ocean areas beyond national jurisdiction

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