Coordinating Area-based Management Tools for an Integrated Governance of the Ocean Resources

Due to the different and conflicting uses of marine areas beyond national jurisdiction (ABNJ) and their resources, the deep ocean is increasingly under pressure. Despite political pledges, only 2.7 % of the Ocean is currently preserved through area-based management tools (ABMT) or marine protected areas (MPA), most of which are sectoral in nature and only aimed at protecting the marine environment from specific human activities or sources of pollution. The main reason for this is the absence of a global legal framework for the establishment of ABMT and MPA in ABNJ, aimed at the comprehensive protection of their biodiversity. In the last years, States are in the process of concluding a legally binding instrument on the conservation and sustainable use of biological diversity in ABNJ (BBNJ treaty). While one of its pillars precisely concerns the establishment of ABMT in the high seas and the Area, it is still unclear how to operationalize the required coordination among the existing global and regional frameworks and bodies having a competence in this regard. As the International Seabed Authority is approaching the last stages of the negotiation for the regulations on exploitation of mineral resources, its contribution to the protection and conservation of biodiversity beyond national jurisdiction has come to the fore. Interestingly, in the draft regulations, there is no provision explicitly requiring the Authority to consult other competent bodies before approving a plan of work for exploitation, should its geographical scope intersect an existing ABMT. This presentation will highlight areas of possible geographical overlaps and underline the need for a better coordination among existing international bodies. In particular, it will discuss the inclusion of appropriate clauses in the draft to ensure that ABMT for certain anthropogenic activities are taken into account when recommending the approval of a plan of work for deep-sea mining.