Environmental Engineering Reference
In-Depth Information
responsibility to conserve natural diversity over their entire exclusive economic
zones, up to 200 nautical miles . 23
Beyond its jurisdiction - on the high seas or in deep seabed areas (see
Chapter 4 , 'Common areas', pp. 99-100) - a state is not entitled to promote
biodiversity unilaterally, for example by establishing marine conservation
areas. The Convention on Biological Diversity (CBD) does encourage states
and international organizations to cooperate in conserving the biodiversity of
areas beyond their national jurisdiction (Article 5). However, high seas
bioprospecting and fi shing threaten the biodiversity in these areas, and it is
diffi cult to fi nd political-legal solutions.
The main focus of political disagreement is whether or not genetically
valuable organisms found on the high seas can be exploited commercially.
The view of developing nations is that such commercial utilization is compa-
rable to the exploitation and utilization of deep seabed oil, gas and minerals,
which have been declared the 'common heritage of mankind'. However, the
industrial nations refer to the UNCLOS in their position: only inorganic
natural resources in the deep seabed are the common heritage of mankind,
according to the Convention. They fi nd it an unsustainable argument that a
carefully negotiated principle on the usage of the deep sea-bed could
suddenly extend to cover the commercial exploitation of marine genetic
resources on the high seas. Their opinion is that these more recently discov-
ered resources fall under the freedom of the seas, like fi shing or scientifi c
research. The principle of no-harm, on the other hand, expects that activities
under the jurisdiction or control of states will not damage the environment
in areas beyond their national jurisdiction.
Under customary international law of the sea and the UNCLOS, it seems
evident that the industrial nations are right. These conventions limit the
utilization of the common heritage of mankind classifi cation very closely to
the inorganic natural resources in the deep seabed. The CBD, though, indi-
cates that the biological diversity of the high seas should be regulated in one
way or another. The Convention is ratifi ed by nearly all states, and it also
applies to processes and activities under the jurisdiction of states that impair
biodiversity - even in the case that they impair the biodiversity of interna-
tional areas.
Development of the biodiversity regime
The biodiversity regime has developed very quickly as a result of the decisions
made by the contracting parties, the activities of its sub-divisions, the develop-
ment of thematic areas, and the contributions of working groups. Two protocols
have been negotiated into the Convention.
The Cartagena Protocol on Biosafet y 24 was agreed in 2000. The United
States participated in the negotiations, although it was not a party to the
Biodiversity Convention. The negotiations were diffi cult. The majority of
 
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