The Adoption of the New Legally Binding Instrument on Marine Biodiversity Conservation and Sustainable Use in Areas Beyond National Jurisdiction
Pascale RICARD and Samira BEN ALI
On 4 March 2023, an agreement was reached on the conservation and sustainable use of marine biodiversity beyond national jurisdictions, marking the end of over 15 years of discussions. This historic treaty aims to fill gaps in the existing UN Convention on the Law of the Sea (UNCLOS) and introduces measures such as marine protected areas (MPAs) and environmental impact assessments (EIAs). The treaty also addresses access to and equitable sharing of benefits from marine genetic resources, emphasizing capacity building and technology transfer to developing countries. The agreement now awaits ratification to come into force, aiming to enhance global cooperation for marine biodiversity conservation.
COP15 and the Kunming-Montreal Global Biodiversity Framework
Pascale RICARD and Samira BEN ALI
On 19 December 2022, during the 15th COP of the Convention on Biological Diversity, the Kunming-Montreal Global Biodiversity Framework was adopted by 196 member states. This framework aims to halt and reverse biodiversity loss by 2030, addressing the biodiversity crisis driven by human activities. It sets four general goals and twenty-three targets, including the “30×30 target” for protecting 30% of land and sea. Financial commitments of $200 billion annually and detailed monitoring mechanisms are established to ensure implementation. Despite its ambitious scope, the non-legally binding nature of the framework and the complexities of biodiversity monitoring raise questions about its ultimate effectiveness.
Observations on the advisory opinion request submitted by the COSIS to the ITLOS on States’ obligations regarding climate change
Pascale RICARD
On 12 December 2022, the Commission of Small Island States on Climate Change and International Law (COSIS) requested an advisory opinion from the International Tribunal for the Law of the Sea (ITLOS) on the obligations of States under the UNCLOS regarding climate change impacts. This is part of a broader movement, with similar requests submitted to the Inter-American Court of Human Rights and the International Court of Justice, reflecting a trend towards international climate litigation. These requests seek to clarify States’ legal obligations to address climate change and protect the environment, potentially serving as catalysts for future contentious cases and political action.