Suchergebnisse

Negotiations are ongoing to develop an international legally binding instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). If adopted, the ILBI will likely apply to parts of the Arctic Ocean where the Arctic Council has played an important role for ocean governance. This begs the question of what role the Arctic Council will play vis-à-vis a future ILBI, which is envisioned to "not undermine existing relevant legal instruments and frameworks and relevant global, regional and sectoral bodies" (UN General Assembly Resolution 72/249). Against this backdrop, this article reflects on the future relationship between the Arctic Council and the ILBI. In so doing, the article initially discusses possible meanings of the notion of not undermining and, more broadly, how the ILBI will likely determine its institutional relationship with relevant bodies for BBNJ. Based on that, the article provides a short overview of the role of the Arctic Council in Arctic Ocean governance and explores whether the Arctic Council would qualify as a relevant regional body that shall not be undermined by the future ILBI.

The inter-connectedness of marine ecosystems has been repeatedly acknowledged in the relevant literature as well as in policy briefs. Against this backdrop, this article aims at further reflecting on the question of to what extent the law of the sea takes account of or disregards ocean connectivity. In order to address this question, this article starts by providing a brief overview of the notion of ocean connectivity from a marine science perspective, before taking a closer look at the extent to which the law of the sea incorporates the scientific imperative of ocean connectivity in the context of four examples: (i) straits, (ii) climate change and ocean acidification, (iii) salmon and (iv) the ecosystem approach to fisheries. Tying the findings of the different examples together, this study concludes by stressing the need of accommodating ocean connectivity not only in the interpretation and implementation of the existing law (of the sea) but also in its further development.