Geoscience Reference
In-Depth Information
10.6.3 Possible future developments
New prospects emergedat the 2011meeting ofthe WorkingGroup.Anumber ofstates, both
developed and developing, proposed the commencement of a negotiation process towards
a new and third UNCLOS implementation agreement that could fill the gaps in the present
regime of conservation and sustainable use of marine biological diversity in areas beyond
national jurisdiction. A further process of regulation through integration in the UNCLOS
was thus envisaged.
A new implementation agreement was already envisaged by certain states, in particular
the member states of the European Union, during the 2008 meeting of the Working Group:
'Several delegations considered that an implementation agreement under the United Nations
Convention on the Law of the Sea was the most effective way to establish an integrated
regime and address the multiplicity of challenges facing the protection and sustainable use
of marine biodiversity in areas beyond national jurisdiction. These delegations suggested
that such an instrument was necessary to fill the governance and regulatory gaps that pre-
vented the international community from adequately protecting marine biodiversity in the
areas beyond national jurisdiction. It was proposed that such an instrument would address
currently unregulated activities, ensure consistent application of modern ocean governance
principles in sectoral management regimes and provide for enhanced international coopera-
tion' (United Nations,
2008
, para. 47).
While a general consensus on this proposal has not yet been achieved, a number of
common elements are being developed among several states that were previously putting
forward divergent positions. The states participating in the 2011 meeting of the Working
Group recommended that
(a) A process be initiated by the General Assembly, with a view to ensuring that the
legal framework for the conservation and sustainable use of marine biodiversity in
areas beyond national jurisdiction effectively addresses those issues by identifying
gaps and ways forward, including through the implementation of existing
