Tian, Haoyu and Guo, Jianping (2024) The potential interactions between the BBNJ agreement and RFMOs in the establishment of ABMTs: Implications for RFMOs. Marine Policy, 171.
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The third implementing agreement of the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement) was adopted in June 2023. Fish or marine living resources (MLRs) and fishing activities are within the scope of area-based management tools (ABMTs) under the BBNJ Agreement according to Article 10(2). MLRs and fishing activities in the areas beyond national jurisdiction are currently regulated by Regional Fisheries Management Organizations (RMFOs), raising the question of what roles RFMOs will play in the establishment of ABMTs once the BBNJ Agreement enters into force? The article first provides the overlapping geographic and thematic areas that the BBNJ Agreement and RFMOs share. It then looks at the articles in the BBNJ Agreement relating to the relationship with RFMOs in the establishment of ABMTs, namely Articles 5 and 22. The paper next hypothetically applies Articles 5 and 22 and simulates the potential interactions between the BBNJ Agreement and RFMOs. Based on the simulations, a scenario analysis of the implications for RFMOs are outlined. These implications emphasize RFMOs’ different roles in the establishment of ABMTs when the BBNJ Agreement enters into force, which aim to provide suggestions to various stakeholders and policy-makers of RFMOs in advance before the BBNJ Agreement enters into force, and thereby aiming to achieve the state of not undermining the effectiveness and objectives of RFMOs, as opposed to not undermining the authorities and mandates of RFMOs.
| Item Type: | Articles |
|---|---|
| Keywords: | Conservation, Sustainable Use, Marine Living Resources (MLRs), Area Based Management Tools (ABMTs), Regional Fisheries Management Organizations (RMFOs), Stakeholders, UNCLOS, BBNJ Agreement |
| Subjects: | Biodiversity |
| Depositing User: | Kokila ICSF Krish |
| Date Deposited: | 01 Mar 2025 11:57 |
| Last Modified: | 01 Mar 2025 11:57 |
| URI: | http://icsfarchives.net/id/eprint/21164 |
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