Dispute settlement for Marine Biodiversity beyond National Jurisdiction: not an afterthought

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic

Abstract

this contribution reflects on dispute settlement in a future international legally binding instrument on marine biodiversity in areas beyond national jurisdiction. This issue has so far not attracted much attention and the importance of an early reflection about how to solve disputes concerning marine biodiversity is highlighted. Starting out with some design questions concerning dispute settlement, it becomes clear that a number of fundamental issues have yet to be addressed by the intergovernmental conference on marine biodiversity. The wisdom of a mutatis mutandis reference to existing dispute settlement mechanisms in unclos in the new instrument is questioned. Also, the relationship between a compliance mechanism and dispute settlement is at this time underexplored. How dispute settlement for marine biodiversity would fit into the existing system of dispute settlement created by the un convention on the law of the sea is addressed. In particular, the potential of establishing a permanent and specialized chamber for marine biological diversity disputes is explored, and the desirability of access to advisory opinions is underlined.
Original languageEnglish
Title of host publicationA Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea
EditorsHelene Ruiz-Fabry, Erik Franckx, Marco Benatar, Tamar Meshel
Place of PublicationLeiden
PublisherBrill | Nijhoff
Pages147–182
ISBN (Electronic)978-90-0443-495-0
ISBN (Print)978-90-0436-572-8
DOIs
Publication statusPublished - 2020

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