Qin Tianbao & Wang Jinpeng, Promoting Institutional Cooperation of the International Organizations under the Ecosystem Approach:Take “Area-based Management Tools” in the BBNJ Agreement as an example

Promoting Institutional Cooperation of the International Organizations under the Ecosystem ApproachTake “Area-based Management Tools” in the BBNJ Agreement as an example

Qin Tianbao & Wang Jinpeng

 

The “ecosystem approach” generally refers to management based on the “best understanding of the ecological interactions and processes necessary to sustain ecosystem structure and function”. As a comprehensive way to protect and manage natural resources based on science, the ecosystem approach has been widely used in the conservation and sustainable use of fishery resources. Taking an ecosystem approach can promote integrated ocean governance across sectors and industries. In addition to the gradually developing marine protected areas(MPAs), the area-based management tools which can be applied to areas beyond national jurisdiction also include the Special Areas and Particularly Sensitive Sea Areas(PSSAs) of the International Maritime Organization, the sanctuaries of some regional fisheries management organizations (RFMOs), the Vulnerable Marine Ecosystems (VMEs) of the Food and Agriculture Organization, the Areas of Particular Environmental Interest (APEIs) of ​​the International Seabed Authority, and the Ecologically or Biologically Significant Marine Areas(EBSAs) under the Convention on Biological Diversity. The competent international organizations for these area-based management tools are different. Fragmentation of management has made it difficult to achieve integrated management and governance of the oceans​​. Relevant international organizations have also noted the importance of the ecosystem approach. For example, the “General framework for the establishment of CCAMLR Marine Protected Areas” adopted by CCAMLR in 2011 pointed out in its preamble that “the CCAMLR MPAs aim to contribute to sustaining ecosystem structure and function, including in areas outside the MPAs”. Under the ecosystem approach, the establishment and management of area-based management tools should consider the ecosystem or biological area as a unit.

 

In order to protect and maintain biodiversity and ecosystem functions in areas beyond national jurisdiction, a more comprehensive governance system is clearly needed. However, considering the lack of realistic possibilities for the establishment of a unified maritime competent international organization now, promoting cooperation and coordination between different sectoral or regional competent international organizations to bridge the gaps and reduce the conflicts has become the possible option. This is also in line with the rule that the emerging BBNJ agreement “should not undermine existing relevant legal instruments and frameworks and relevant global, regional and sectoral bodies” in the Resolution 72/249 adopted by the UN General Assembly. In terms of promoting institutional cooperation with international organizations related to area-based management tools, the cooperation agreements between the OSPAR commission and other international organizations and the relevant practices of the Sargasso Alliance can provide useful references. With reference to these experiences, cooperation and coordination among international organizations can be realized through voluntary or non-legally binding agreements and other forms, gradually forming an institutional cooperation and exchange mechanism. Some adjacent coastal States and other stakeholders can also take part in the cooperation when necessary. In the future, the Conference of the Parties to the BBNJ Agreement can play a role in promoting coordination and cooperation between sectoral or regional international organizations by adopting relevant resolutions or declarations, and its affiliated legal and scientific consulting agencies can also provide helpful scientific and legal advices.