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33 Conserving Marine Biodiversity in Areas Beyond National Jurisdiction: Co-Evolution and Interaction with the Law of the Sea

Robin M Warner

From: The Oxford Handbook of the Law of the Sea

Edited By: Donald R. Rothwell, Alex G. Oude Elferink, Karen N. Scott, Tim Stephens

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 17 June 2021

Law of the sea — UNCLOS (UN Convention on the Law of the Sea) — Fisheries

This chapter explores key normative features of the legal and institutional framework for areas beyond national jurisdiction (ABNJ) and their applicability to the conservation of marine biodiversity. It considers gaps and disconnects in that framework and global and regional initiatives to develop the legal and institutional framework for conservation and sustainable use of marine biodiversity in ABNJ. It suggests that the biodiversity conservation elements of any multilateral agreement adopted under the umbrella of the UN Nations Convention on the Law of the Sea (LOSC) should be designed to implement the spirit and intent of Part XII provisions of the LOSC, rather than radically changing the basic principles and inherent balance of the law of the sea.

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