8 June 2011
UNGA Working Group Recommends Starting Process on Legal Regime on Marine Biodiversity
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A Working Group under the aegis of the UN General Assembly produced consensus recommendations to start a new process on the legal regime on marine biodiversity in areas beyond national jurisdiction.

The recommendations will be considered by the 66th General Assembly, during negotiations on the annual resolution on the law of the sea.

3 June 2011: A Working Group under the aegis of the UN General Assembly has produced consensus recommendations to start a new process on the legal regime on marine biodiversity in areas beyond national jurisdiction.

The fourth meeting of the Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction (BBNJ) convened from 31 May-3 June 2011, at UN Headquarters in New York. The meeting was mandated in particular to: continue discussions of the legal regime on marine genetic resources, as well as marine protected areas (MPAs) and environmental impact assessment processes in areas beyond national jurisdiction; and develop recommendations for submission to the UN General Assembly (UNGA) at its 66th session.

Approximately 200 participants representing governments, UN agencies, intergovernmental and non-governmental organizations attended the meeting. Stephen Mathias, Assistant Secretary-General for Legal Affairs, delivered opening remarks on behalf of UN Legal Counsel Patricia O’Brien, highlighting the importance of the Working Group’s recommendations for the 2012 UN Conference on Sustainable Development (UNCSD, or Rio+20). Australia proposed discussing conservation and sustainable use of BBNJ as a component of the “blue economy,” with the Deep Sea Conservation Coalition underscoring the importance of the “blue economy” for the “green economy” and Rio+20. The International Union for Conservation of Nature (IUCN) said Rio+20 provides an opportunity to secure renewed commitment to address implementation gaps and address new challenges related to BBNJ. Greenpeace noted that discussions on the UNCSD’s two themes could help advance the conservation of marine genetic resources in areas beyond national jurisdiction. The Pew Environment Group urged putting forward recommendations to Rio+20 on a focused negotiation mandate for an intergovernmental conference to address questions on MPA governance.

Following difficult negotiations, most of which occurred in an open-ended Friends of the Co-Chairs group that was not open to observers, and in an even smaller group within that, the Working Group adopted by consensus a set of recommendations to initiate a process on the legal framework for the conservation and sustainable use of marine biodiversity beyond areas of national jurisdiction, by identifying gaps and ways forward, including through the implementation of existing instruments and the possible development of a multilateral agreement under the UN Convention on the Law of the Sea (UNCLOS).

The recommendations also include a “package” of issues to be addressed as a whole in this process, namely: marine genetic resources, including questions on benefits-sharing; measures such as area-based management tools, including MPAs and environmental impact assessments; and capacity building and the transfer of marine technology. The process is proposed to take place within the Working Group, with a mandate to be reviewed and, as appropriate, amended by the General Assembly; and in the format of intersessional workshops, aimed at improving understanding of the issues and clarifying key questions as an input to the work of the Working Group.

The Working Group’s recommendations will be considered by the 66th UNGA, during negotiations on the annual resolution on the law of the sea. The Working Group is proposed to be reconvened in 2012 to make progress on all issues under examination within the Working Group and to provide recommendations to the 67th UNGA. [IISD RS Meeting Coverage]

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