Marine Conservation and International Law: Legal Instruments for Biodiversity Beyond National Jurisdiction

This book provides a blueprint for an International Legally Binding Instrument (ILBI) for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ). It focuses on marine genetic resources, area-based management tools, environmental impact assessments, capacity-building, and marine technology transfer. The success of an ILBI will rely on the support of major maritime powers, particularly the United States, the United Kingdom, Russia, the Netherlands, France, and Japan. The book assesses the extent to which the Grotian doctrine of 'freedom of the seas' continues to influence the development of the law of the sea and the development of an ILBI.

Format: Paperback / softback
Length: 320 pages
Publication date: 29 January 2024
Publisher: Taylor & Francis Ltd

This book offers a comprehensive blueprint for an International Legally Binding Instrument (ILBI) aimed at the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ). The development of an ILBI holds significant potential to transform the law of the sea by addressing regulatory, governance, and institutional gaps and deficiencies in the existing international legal framework for BBNJ.

In order to effectively conserve and sustainably utilize BBNJ, this book delves into the essential components that an ILBI will require. It focuses on marine genetic resources, area-based management tools, environmental impact assessments, capacity-building, and marine technology transfer. By examining these key aspects, the book identifies potential areas of compromise that will be crucial for the success of an ILBI.

The participation of major maritime powers, particularly the United States, the United Kingdom, Russia, the Netherlands, France, and Japan, is deemed essential for the success of an ILBI. These states possess the financial and technical capabilities to engage in activities beyond national jurisdiction, making their support vital in the negotiation and implementation of an ILBI.

The book assesses the extent to which the Grotian doctrine of 'freedom of the seas' continues to influence the development of the law of the sea and the development of an ILBI. The Grotian doctrine, which emphasizes the freedom of merchant and military fleets to navigate the seas, has historically been a strong proponent of the bloc of maritime states. The book explores how the interests of these states align with the principles of an ILBI and examines the challenges and opportunities that arise from their involvement.

This book provides a comprehensive overview of this important development in international law. It is designed to appeal to students, lecturers, and academics specializing in law of the sea, international environmental law, and biodiversity law. By examining the legal, political, and economic dimensions of BBNJ, this book offers valuable insights into the complex challenges and opportunities facing the world's oceans and marine ecosystems.

Weight: 453g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032230429