Marine Conservation and International Law
Legal Instruments for Biodiversity Beyond National Jurisdiction
By: SARAH LOUISE. LOTHIAN
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). The development of an ILBI could signify a pivotal turning point in the law of the sea by addressing regulatory, governance and institutional gaps and deficiencies in the existing international law framework for BBNJ. This book analyses the essential components an ILBI will require to effectively conserve and sustainably use BBNJ, focusing on marine genetic resources, area-based management tools, environmental impact assessments, capacity-building and marine technology transfer. It investigates potential areas of compromise, as the success of an ILBI will rely upon the support of a powerful bloc of Maritime States, principally, the US, the UK, Russia, the Netherlands, France and Japan. The participation of major maritime powers will be critical as it is their nationals, corporations and flag vessels that have the financial and technical wherewithal to undertake activities beyond national jurisdiction. This bloc of States has historically been the strongest proponents of the Grotian doctrine of 'freedom of the seas' as it aligns with their predominant interest to preserve navigational freedom for their merchant and military fleets. Accordingly, this book assesses the extent to which the Grotian doctrine continues to exert influence on the development of the law of the sea and the development of an ILBI. Providing a comprehensive overview of this important development in international law, this book will be of interest to students, lecturers and academics of law of the sea, international environmental law and biodiversity law.
AI Overview
The book "Marine Conservation and International Law: Legal Instruments for Biodiversity Beyond National Jurisdiction" by Sarah Louise Lothian provides a comprehensive analysis of the legal frameworks and instruments necessary for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ). Here is a detailed overview of the book, including its key themes, plot summary, and critical reception:
Key Themes
International Legally Binding Instrument (ILBI): The book focuses on the development of an ILBI, which is seen as a pivotal turning point in the law of the sea. It aims to address regulatory, governance, and institutional gaps in the existing international law framework for BBNJ.
Marine Genetic Resources: The book emphasizes the importance of managing marine genetic resources (MGRs) effectively. It discusses the need for an ABS (Access and Benefit-Sharing) regime that balances the interests of different stakeholders.
Area-Based Management Tools: The book explores the use of area-based management tools (ABMTs) such as marine protected areas (MPAs) to conserve marine biodiversity. It advocates for a modern, flexible, and compromise approach to MPAs.
Environmental Impact Assessments: The book highlights the necessity of conducting thorough environmental impact assessments to ensure sustainable use of BBNJ. It discusses the role of capacity-building and technology transfer in implementing these assessments.
Capacity-Building and Technology Transfer: The book stresses the importance of capacity-building and technology transfer (CBTT) in enabling developing countries to participate effectively in the conservation and sustainable use of BBNJ.
Grotian Doctrine: The book examines the influence of the Grotian doctrine, which emphasizes "freedom of the seas," on the development of the law of the sea and the development of an ILBI. It argues that compromise is essential to overcome historical and current challenges in marine conservation.
Plot Summary
The book is structured to provide a comprehensive overview of the essential components required for an ILBI. It begins by introducing the development of the law of the sea and the historical context of BBNJ conservation. The author then delves into the Grotian doctrine and its ongoing influence on maritime states' interests. The book analyzes the necessary components of an ILBI, including ABS regimes, ABMTs, environmental impact assessments, and CBTT. It also explores potential areas of compromise, particularly focusing on the participation of major maritime powers like the United States, the United Kingdom, Russia, the Netherlands, France, and Japan.
Critical Reception
While specific reviews are not provided in the search results, the book is likely to be of significant interest to students, lecturers, and academics in the fields of law of the sea, international environmental law, and biodiversity law. The comprehensive analysis and detailed examination of the ILBI's components and the Grotian doctrine suggest that the book will be a valuable resource for scholars and practitioners in these fields.
In summary, "Marine Conservation and International Law" by Sarah Louise Lothian offers a detailed blueprint for an ILBI, addressing critical gaps in the existing international law framework for BBNJ. It provides a nuanced understanding of the complex themes involved in marine conservation, including MGRs, ABMTs, environmental impact assessments, and CBTT. The book's focus on compromise and the participation of major maritime powers underscores its relevance in contemporary international law discussions.