The fraught legacy of the Common Heritage of Humankind principle for equitable ocean policy

Environmental Science & Policy, Journal Year: 2024, Volume and Issue: 153, P. 103681 - 103681

Published: Feb. 2, 2024

This paper addresses a principle originally known as the Common Heritage of Mankind, which has been central to UN Convention on Law Sea (UNCLOS) and in ocean governance concerning exploration exploitation deep seabed (legally ‘Area’) minerals (polymetallic nodules) it contains. In more recent times applicability principle—renamed Humankind (henceforth abbreviated CHP)—to marine genetic resources (MGR) areas beyond national jurisdictions (ABNJ) heavily debated part negotiations led landmark High Seas Treaty agreed March 2023 (also BBNJ or agreement). twofold goal. First, offers theoretical/conceptual framework better understand nature epistemic injustices scientific research governance. Equitable should start by recognising these deeply seated inequalities affecting some prominent interpretations CHP are often invoked about resources. The second goal is provide different conceptual reading most promising interpretation , namely one offered Group 77 nations, through lens ‘environmental cosmopolitanism’ form non-elitist 'subaltern cosmopolitanism' that grounds relational obligations care for communal good.

Language: Английский

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Reflections on the past, present, and potential futures of knowledge hierarchies in ocean biodiversity governance research

Frontiers in Marine Science, Journal Year: 2024, Volume and Issue: 11

Published: July 11, 2024

Governance of the ocean and its biodiversity is deeply entangled within social, political cultural histories. The evolution marine science has been subject to similar influences, we (the authors) consider these factors create, embed reinforce knowledge hierarchies in governance processes associated research that set societal patterns prioritisation exclusion. Such have constructed dominant Western-oriented systems as ‘rational’ ‘objective’ approaches environmental contrast non-Western led a dominance natural (normal) sciences over centralised governance. extraction incorporation traditional into scientific canon through myriad historical contemporary often reproduce hierarchies, do not benefit holders are considered incomplete, inappropriate or absent. As address current conservation challenges, researchers must be aware history extraction, impositions assumptions their fields. Researchers also actively acknowledge histories work avoid marginalisation support ethical, empathetic, rigorous production meets needs society. In this paper, development concept explore case studies diverse geography discipline ranging from action Namibia, application arts-based methodologies legal proceedings focused at an international level, literacies, all which located under umbrella project specifically targeting transformative It becomes evident multi-layered, perpetuating, reproduced even when attempting such methods integration ‘bringing together’ systems. Effective change will therefore require sensitive multi-faceted including embracing discomfort, important with, well through. While there continued tensions between it sine qua non need build commitment understanding where powers lie, rather than ignoring imbalances or, similarly, by idealising approaches.

Language: Английский

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Conclusions: Equity, Sustainability, and Transformation Under the BBNJ Agreement

Sustainable development goals series, Journal Year: 2025, Volume and Issue: unknown, P. 317 - 329

Published: Jan. 1, 2025

Language: Английский

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Considerations in the set up and functioning of the Scientific and Technical Body under the BBNJ Agreement—lessons from the Legal and Technical Commission of the International Seabed Authority

Frontiers in Ocean Sustainability, Journal Year: 2025, Volume and Issue: 3

Published: April 3, 2025

Scientific, technical and traditional knowledge are critical for the implementation of new agreement conservation sustainable use marine biodiversity areas beyond national jurisdiction (BBNJ Agreement). A Scientific Technical Body (STB) is established by Article 49 BBNJ Agreement to provide scientific advice Conference Parties (COP). Since terms reference modalities operation STB shall be determined COP at its first meeting, it necessary start work now identify optimal set-up body. This paper seeks contribute discussion on possible procedural operational Agreement's STB. It outlines roles functions assigned identifies key advances UNCLOS equity issues such as gender, knowledge, geographic representation. Drawing lessons from Legal Commission (LTC) International Seabed Authority (ISA), offers perspectives options composition covers number members considerations around need multi-disciplinary expertise, gender balance, equitable geographical representation; office; access to, participation in, transparency meetings; decision-making. These learned existing practice an integral part knowledge-base required States when making decisions regarding design STB, more broadly, offer important insights fit-for-purpose advisory bodies in environmental governance.

Language: Английский

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Participation of Indigenous Peoples in Decision Making Over Deep-Seabed Mining

AJIL Unbound, Journal Year: 2024, Volume and Issue: 118, P. 93 - 97

Published: Jan. 1, 2024

In this essay, I reflect on the challenges and opportunities in ensuring genuine meaningful participation of Indigenous peoples at International Seabed Authority (ISA), with a view to giving due consideration peoples’ human rights integrating their knowledge into international decisions deep-seabed mining. The essay begins an assessment how current limitations transparency public practice ISA 1 constitute barriers for peoples. then argue that existing obligations require entry points within regime already exist comply these obligations. conclude by emphasizing need support through social sciences expertise involvement independent experts, actively address any biases vis-à-vis knowledge.

Language: Английский

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Toward better governance of the marine environment: an examination of the revision of China’s marine environmental protection law in 2023

Frontiers in Marine Science, Journal Year: 2024, Volume and Issue: 11

Published: May 16, 2024

The marine economy has become an increasingly important contributor to the global due advancements in science and technology humans’ growing ability manipulate nature. As a country with vast territory, China responsibility of utilizing resources rationally promoting sustainable development economy. Since introduction Marine Environmental Protection Law People’s Republic (MEPL) 1982, made significant progress strengthening legal framework for environmental protection. MEPL undergone several revisions improve its content under guidance national policies. On October 24, 2023, Standing Committee National Congress revised adopted again. This paper analyzes changes contents new law background at home abroad while integrating domestic international backgrounds. provides in-depth analysis law, summarizes revision ideas, examines context laws. aim is provide clear understanding spirit purpose legislation.

Language: Английский

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Fair and Equitable Benefit-sharing in International Law

Oxford University Press eBooks, Journal Year: 2024, Volume and Issue: unknown

Published: May 9, 2024

Abstract Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law that remains perplexing with regard to its general nature, extent, content, implications. The continued proliferation of clauses can effect be explained by intuitive appeal as an optimistic frame. In principle, it serves recognize, encourage, reward innovative ways sustainable human relations the environment, focusing on equity issues arising from most intractable challenges our time (biodiversity loss, climate change, poverty, global epidemics). Empirical evidence, however, indicates practice rarely achieves stated fairness objectives, actually ends up entrenching or worsening inequitable relationships, little no benefit for environment. Instead fair specific areas separately, this book assesses both perspective through comparative analysis across environmental law, rights health sea. This reveals opportunity advance interpretation mutually supportive biodiversity law.

Language: Английский

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A risk assessment for the remote ocean: the case of the South East Atlantic

Frontiers in Marine Science, Journal Year: 2024, Volume and Issue: 10

Published: Jan. 9, 2024

Degradation of the natural world and associated ecosystem services is attributed to a historical failure include its ‘value’ in decision-making. Uncertainty quantification relationship between capital ‘assets’ that give rise critical societal benefits people one reason for omission these values from resource management. As this uncertainty increases marine systems further still with distance coast, connection society assets less likely be included adequately Natural Areas Beyond National Jurisdiction (ABNJ), including those deep sea, are distant but known generate many society, diffuse broad-scale climate regulation provision wild fish food. While our understanding precise relationships (the status asset stocks, functions processes) control availability flows limited, does not preclude opening discourse on how could best managed continue benefit society. Here we apply approach South East Atlantic ABNJ, least scientifically understood regions planet, develop framework risk assessment. We do by describing region, appraising activities creating pressures whether controls protect them. Our register highlights governance currently favours protection direct (extractive) which primarily targeted financial benefit. Without systems-based can account cumulative their status, at risk. Such an essential capture foundational often connections global

Language: Английский

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The human right to a clean, healthy and sustainable ocean

npj Ocean Sustainability, Journal Year: 2024, Volume and Issue: 3(1)

Published: April 8, 2024

Abstract The United Nations General Assembly adopted a resolution in 2022 that formally recognizes there is universal human right to clean, healthy and sustainable environment. Yet evidence rights impacts associated with the degradation of ocean environment are accelerating. In this perspective, we highlight how recognition can catalyze action transform governance. particular, it do so through 1) catalyzing marine protection increasing accountability clarifying state obligations, 2) improving inclusiveness governance, including prioritizing empowering groups situations vulnerability, 3) enhancing economy practices private sector responsibilities. To those ends, an urgent need move from implementation order protect both current future generations’ ocean.

Language: Английский

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Intra-State Benefit-Sharing

Oxford University Press eBooks, Journal Year: 2024, Volume and Issue: unknown, P. 134 - 179

Published: May 9, 2024

Abstract This chapter focuses on intra-State benefit-sharing in relation to the human rights of Indigenous peoples connected their territories and natural resources traditionally used by them. These obligations have emerged with regard extractive activities, fisheries, nature conservation, freshwater management, climate change response measures areas that use or where these activities might impact It analyses degree cross-fertilization across Convention Biological Diversity international law specialized context protected governance. Further supportive interpretation between two is then suggested, move beyond a defensive approach conceptualizes as mere procedural safeguard pre-determined set development options. The proposed rather supports potentially transformative collaboration different worldviews knowledge systems, seeking address multiple dimensions justice.

Language: Английский

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