Challenges in the conservation of high seas biodiversity in the Southeast Pacific

The conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ) is a global challenge. The loss of marine biodiversity has been attributed to intensifying human activities on and in the oceans, and the nonparticipation in and non-compliance by States with international and regional fisheries instruments. The special legal status of the high seas as a global commons also contributes to the difficulties in achieving the conservation and sustainable use of marine biodiversity in ABNJ. With no legal instruments adequately addressing the conservation and sustainable use of marine biodiversity in ABNJ, there is a pressing need to find ways to address obstacles to marine biodiversity conservation in ABNJ. The strengthening of the legal and institutional framework at the regional level provides such an option. This thesis examines the conservation and sustainable use of marine biodiversity in the high seas from a fisheries-threat perspective, focusing on the ecologically important and productive Southeast Pacific region. Regional cooperation, mainly across sectors, is a key requirement for successful high seas management and the conservation and sustainable use of high seas biodiversity. Regional fisheries management organisations (RFMOs) are key players in this endeavour as they provide a platform for States to cooperate regionally and develop management principles and procedures. The Southeast Pacific encompasses an area of 30.02 million km2 extending from northern Colombia to southern Chile and is the second most productive fisheries region in the world. This thesis examines the adequacy of the regional legal and institutional framework of the Southeast Pacific to address the conservation of high seas biodiversity. In a first step, it critically assesses the level of interaction and cooperation between the three regional fisheries organisations in the region: Inter-American Tropical Tuna Commission (IATTC), South Pacific Regional Fisheries Management Organisation (SPRFMO) and Comisión Permanente del Pacífico Sur (CPPS; Permanent Commission for the South Pacific). It then analyses the extent to which these regional fisheries organisations have incorporated global legal provisions and measures pertinent to the conservation of high seas biodiversity into their conventions and implemented them. This is the first study of its kind with a focus on RFMO governance from a high seas biodiversity conservation perspective. It is also the first comprehensive regional study focusing on evaluating institutional interplay management, cooperation between RFMOs and regional seas organisations (RSOs) and the incorporation of biodiversity obligations in RFMOs within one region. This thesis concludes that, although this region has several opportunities to strengthen the conservation and sustainable use of high seas biodiversity, it still has to overcome a range of institutional, cooperative and management challenges. It proposes options to improve the conservation and sustainable use of high seas biodiversity in the Southeast Pacific, ranging from legal, scientific and institutional cooperative mechanisms to the strengthening of conservation and management and compliance and enforcement measures

Strengthening the legal and institutional framework of the Southeast pacific: Focus on the BBNJ package elements

The role of the regional level in addressing and strengthening the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ) should not be undermined. As a complementary approach to the ongoing negotiations for an implementing agreement on the conservation and sustainable use of BBNJ under the United Nations Convention on the Law of the Sea, it can provide useful lessons learnt and best practices that can inform the global negotiation process. Focusing on the highly productive Southeast Pacific region, this article highlights the institutional and legal challenges faced by this region in the adoption and implementation of the four BBNJ elements and provides options on how to strengthen the legal and institutional framework of the Southeast Pacific to better address the conservation and sustainable use of BBNJ

Socio-ecological resilience and the law : Exploring the adaptive capacity of the BBNJ agreement

In search for sustainability of the oceans, the concept of resilience arises as a necessary perspective from which to analyse what course of action to take. Resilience refers to the capacity of a system to absorb change, but also to adapt and develop in face of those changes. Resilience thinking has recently permeated the sphere of legal studies, and the two fields have been interested in exploring the impact they have on one another. To explore this interaction further in the context of the management of the oceans, the present paper looks at areas beyond national jurisdiction (ABNJ) as a socio-ecological system. It argues that the law can be a tool for improving the resilience of a system, but that it must, for that purpose, be able to ensure at least some adaptive capacity. In light of the upcoming, consolidated regime for the sustainable management of biodiversity beyond national jurisdiction (BBNJ) through the development of an internationally legally binding agreement on the topic, and considering the uncertainty surrounding our knowledge of ABNJ, this paper suggests to look at the BBNJ agreement from the perspective of resilience thinking. The paper explores how this perspective could bring new insights to the development of the BBNJ agreement, as well as the emerging literature linking law and resilience

The role of NGOs in negotiating the use of biodiversity in marine areas beyond national jurisdiction

In 2004, the UN General Assembly resolved to establish a working group to consider issues pertaining to the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ). The group met nine times between 2006 and 2015 before concluding its mandate by recommending the development of an international legally binding instrument on BBNJ under the United Nations Convention on the Law of the Sea. Based on in-depth interviews with working group participants, this research examines how NGOs contributed to the working group process. Respondents from government delegations highlighted the usefulness of workshops and side events convened by NGOs, and the role of NGOs in bringing experts on technical issues – particularly marine genetic resources and the sharing of benefits – into the BBNJ negotiations. Respondents from both NGOs and government delegations emphasized the importance of fostering personal relationships in order to ensure a steady and constructive information flow. Social media efforts by NGOs were considered by some government representatives to have occasionally hampered open discussion, although they noted that conditions have improved. The lengthy working group process was marked by substantial fluctuation in participation, particularly within government delegations from developing states. Of 1523 individuals who participated in at least one of the working group meetings, only 45 attended more than half of the meetings, and 80% of these were representing NGOs or highly industrialized countries. Respondents felt that this comparatively small number of individuals provided a source of continuity that was crucial for moving the discussions forward

The role of NGOs in negotiating the use of biodiversity in marine areas beyond national jurisdiction

In 2004, the UN General Assembly resolved to establish a working group to consider issues pertaining to the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ). The group met nine times between 2006 and 2015 before concluding its mandate by recommending the development of an international legally binding instrument on BBNJ under the United Nations Convention on the Law of the Sea. Based on in-depth interviews with working group participants, this research examines how NGOs contributed to the working group process. Respondents from government delegations highlighted the usefulness of workshops and side events convened by NGOs, and the role of NGOs in bringing experts on technical issues – particularly marine genetic resources and the sharing of benefits – into the BBNJ negotiations. Respondents from both NGOs and government delegations emphasized the importance of fostering personal relationships in order to ensure a steady and constructive information flow. Social media efforts by NGOs were considered by some government representatives to have occasionally hampered open discussion, although they noted that conditions have improved. The lengthy working group process was marked by substantial fluctuation in participation, particularly within government delegations from developing states. Of 1523 individuals who participated in at least one of the working group meetings, only 45 attended more than half of the meetings, and 80% of these were representing NGOs or highly industrialized countries. Respondents felt that this comparatively small number of individuals provided a source of continuity that was crucial for moving the discussions forward

Socio-ecological resilience and the law: Exploring the adaptive capacity of the BBNJ agreement

In search for sustainability of the oceans, the concept of resilience arises as a necessary perspective from which to analyse what course of action to take. Resilience refers to the capacity of a system to absorb change, but also to adapt and develop in face of those changes. Resilience thinking has recently permeated the sphere of legal studies, and the two fields have been interested in exploring the impact they have on one another. To explore this interaction further in the context of the management of the oceans, the present paper looks at areas beyond national jurisdiction (ABNJ) as a socio-ecological system. It argues that the law can be a tool for improving the resilience of a system, but that it must, for that purpose, be able to ensure at least some adaptive capacity. In light of the upcoming, consolidated regime for the sustainable management of biodiversity beyond national jurisdiction (BBNJ) through the development of an internationally legally binding agreement on the topic, and considering the uncertainty surrounding our knowledge of ABNJ, this paper suggests to look at the BBNJ agreement from the perspective of resilience thinking. The paper explores how this perspective could bring new insights to the development of the BBNJ agreement, as well as the emerging literature linking law and resilience