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Tladi, Dire --- "Conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction: towards an implementing agreement" [2015] ELECD 1144; in Rayfuse, Rosemary (ed), "Research Handbook on International Marine Environmental Law" (Edward Elgar Publishing, 2015) 259

Book Title: Research Handbook on International Marine Environmental Law

Editor(s): Rayfuse, Rosemary

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781781004760

Section: Chapter 12

Section Title: Conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction: towards an implementing agreement

Author(s): Tladi, Dire

Number of pages: 13

Abstract/Description:

This chapter addresses the efforts to enhance the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. In particular, it considers the two main areas of contestations, namely the question of the legal regime applicable to marine genetic resources on the deep seabed and the question of the need for conservation measures, including marine protected in areas, in areas beyond national jurisdiction. The first of these issues, the marine genetic resources question, arises from an ambiguity in the UN Convention on the Law of the Sea. It appears a textual reading of the provisions of the Convention. The text of the Convention appears to support neither the contention that the marine genetic resources are governed by the common heritage of mankind principle nor the contention that these resources are governed by the freedom of the high seas. The second area of contestation, the conservation measures question, is concerned with the possible processes and mechanisms to enhance the rudimentary provisions in the Convention. The chapter traces the deliberations over these contested areas within the UN processes, in particular the discussions on the possible need for an implementing agreement to both clarify and expand the provisions of the Convention in relation to marine biological diversity in areas beyond national jurisdiction.