Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction: Preparing for the PrepCom

In light of the recent United Nations General Assembly mandate to develop an internationally legally binding instrument under the 1982 United Nations Convention on the Law of the Sea to deal with the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, a term that is frequently referred to as BBNJ, CIL held an International Workshop in Singapore from 3-4 February 2016 in order to prepare participants for the Preparatory Committee’s first session beginning 28 March 2016 at the United Nations Headquarters in New York. Professor Tommy Koh, Chairman of CIL’s Governing Board delivered the keynote address for the Workshop.

PrepCom Updates

Chair’s Overview of the First Session of the Preparatory Committee

Executive Summary and Report of the BBNJ Workshop

Executive Summary

Report of the BBNJ Workshop
The Report follows the Chatham House Rule of not identifying what someone said in the course of participating in the discussions at the Workshop, except for the introductory presentations by the speakers.

Recommended Reading Materials

A list of recommended reading materials has been compiled for Workshop participants. To access the materials, please click on the button below.

DAY ONE – 3 February 2016 (Wednesday)

WELCOME ADDRESS
Prof Robert Beckman, Director, CIL

KEYNOTE
Prof Tommy Koh, Chairman, CIL Board of Governors

SESSION 1: BACKGROUND AND CONTEXT

Overview of UNCLOS and the 1994 and 1995 Implementing Agreements; Overview of the BBNJ process at the UN and main issues

Moderator: Prof Robert Beckman

Speakers:

• Capt J Ashley Roach, Snr CIL Visiting Researcher
• Judge Tomas Heidar, International Tribunal for the Law of the Sea (ITLOS)

SESSION 2: CONSERVATION AND SUSTAINABLE USE OF BBNJ

Mandates of existing institutions and mechanisms for the conservation and sustainable use of BBNJ, including limitations of sectoral approaches and soft law instruments; Gaps and overlaps in the existing legal regime

Moderator: Elizabeth Kim, US State Dept

Speakers:

• Edward Kleverlaan, Marine Environment Division, International Maritime Organization (IMO)
• Michael Lodge, Deputy to the Sec-Gen and Legal Counsel, International Seabed Authority (ISA)
• Blaise Kuemlangan, Chief, Development Law Service, Food & Agriculture Organization (FAO)
• Prof David Freestone, George Washington University Law School, United States and Executive Secretary of the Sargasso Sea Commission

SESSION 3: MANAGEMENT TOOLS AND INSTITUTIONAL ARRANGEMENTS

Various types of protected areas, EIA standards, marine spatial planning or area based management, monitoring of impacts, baseline constitution; Need for a new coordinating institution or expansion of mandate of existing institution?

Moderator: Gregory French, Legal Adviser, International Legal Branch, Department of Foreign Affairs and Trade, Australia

Speakers:

• Edward Kleverlaan, Marine Environment Division, International Maritime Organization (IMO)
• Michael Lodge, Deputy to the Sec-Gen and Legal Counsel, International Seabed Authority (ISA)
• Stefan Asmundsson, Secretary of the North East Atlantic Fisheries Commission (NEAFC)
• Kristina Gjerde, Senior High Seas Advisor to the Global Marine and Polar Programme, International Union for Conservation of Nature (IUCN)

DAY TWO- 4 February 2016 (Thursday)

SESSION 4: MARINE GENETIC RESOURCES (MGRs)

Definitions of biodiversity, MGRs and bioprospecting; MGRs as Common Heritage of Mankind?

Moderator: Prof Ronan Long, Jean Monnet Chair European Law, NUI Galway

Speakers:

• Dr Sophie Arnaud Haond, Researcher, IFREMER
• Fernanda Millicay, Legal Adviser, Permanent Mission of Argentina to the UN
• Catherine Boucher, Director, Oceans and Environmental Law, Department of Foreign Affairs, Trade and Development, Canada

SESSION 5: MGRs: ACCESS AND BENEFIT SHARING

Possible mechanisms to regulate bio-prospecting and exploitation of MGRs; access and sharing of benefits (relevance of mechanisms developed for the implementation of the Nagoya Protocol including regulation of access, publication of research, clearing house, biodiversity fund); Intellectual property issues relating to the patenting of MGRs; Role of existing institutions and instruments relating to MGRs, including WIPO, TRIPS and the Budapest Treaty.

Moderator: A/P Burton Ong, Deputy Director, Asia-Pacific Centre for Environmental Law, National University of Singapore

Speakers:

• Prof Carlos Correa, Director, Center for Interdisciplinary Studies of Industrial Property and Economics (CEIDIE), Law Faculty, University of Buenos Aires
• Prof Marcel Jaspars, Marine Biodiscovery Centre, Department of Chemistry, University of Aberdeen
• Claudio Chiarolla, Legal Officer, Traditional Knowledge Division, WIPO

SESSION 6: CAPACITY BUILDING & TRANSFER OF MARINE TECHNOLOGY

To include discussions on UNCLOS Part XIII on Marine Scientific Research and Part XIV on Development and Transfer of Marine Technology; UNCLOS III Final Act Annex VI Resolution and generally provisions in Part XI and the 1994 Agreement; lessons learned from the ISA experience in building capacity and transferring marine technology

Moderator: Mr Elie Jarmache, IOC Advisory Body of Experts on Law of the Sea (IOC/ABE-LOS)

Speakers:

• Alice Hicuburundi, Senior Legal Officer, Division for Ocean Affairs and the Law of the Sea, UN Office of Legal Affairs
• Dr Elizabeth Brierley, Oceans Analyst, Office of the Pacific Ocean Commissioner, Pacific Islands Forum
• Rena Lee, International Affairs Division, Attorney-General’s Chamber, Singapore

SESSION 7: MANDATE AND WORK PROGRAMME OF THE PREPCOM

UNGA Resolution A/RES/69/292 (including constraints); Mandates and rules of procedure of PrepCom; Identification of procedural issues that may not be addressed in the Resolution; Lessons learned from negotiating process of UNCLOS III and the 1994 and 1995 Implementing Agreements

Moderator: Judge Tomas Heidar

Speakers:

• Amb Eden Charles, President of PrepCom
• Alice Hicuburundi, Senior Legal Officer, Division for Ocean Affairs and the Law of the Sea, UN Office of Legal Affairs
• Michael Lodge, International Seabed Authority (ISA)