Suggestion 1: Geographical

Suggestion 2: Functional

Suggestion 3: Impact

Suggestion 4: Jurisdictional

Suggestion 1: Geographical scope

 

 

Applies to marine areas beyond national jurisdiction, including the high seas and the Area, as defined in the Convention.

 

 

References/Examples:

UNCLOS Art 1

UNCLOS Art 86

 

Suggestion 2: Functional scope

 

 

Applies to processes and activities having a potential impact on ABNJ biodiversity and related to MGR in ABNJ.

 

 

References/Examples:

Stockholm Declaration Principles 21 and 22

Trail Smelter Arbitration

Nuclear Weapons Advisory Opinion

Suggestion 3: Impact threshold

 

 

Applies to processes and activities which have or are likely to have significant adverse impacts on marine biodiversity and marine environment, individually or cumulatively in ABNJ.

 

Also applies to activities related to the utilisation of marine genetic resources in or derived from ABNJ.

 

 

References/Examples:

CBD Art 7

CBD Art 14

 

Suggestion 4: Jurisdictional scope

 

 

Applies to processes and activities under the jurisdiction or control of a State, undertaken within or beyond national jurisdiction, with potential impacts on marine biodiversity and marine environment in ABNJ and to activities related to the utilisation of marine genetic resources in or derived from ABNJ.

 

For the purposes of this section, processes and activities subject to national jurisdiction and control include activities conducted:

 

  • from their territory;
  • within their maritime zones and under their jurisdiction;
  • by or from vessels or aircraft flying their flag; or
  • by their nationals.

 

 

References/Examples:

UNCLOS Art 117 (duty regarding nationals)

UNCLOS Art 194

CBD Art 4