A Few Words on the “Cross-Cutting Issue”—The Relationship between a BBNJ Convention and Existing, Relevant Instruments and Frameworks and Relevant Global, Regional and Sectoral Bodies

Abstract

Since the 1980s the architecture of international ocean governance has rested on the UN Convention on the Law of the Sea (los Convention) and a large number of the regional and global sectoral treaties most of which were contemplated in the los Convention. One of the central challenges in the negotiation of a bbnj Convention is the “architectural fit” of a bbnj Convention with the existing treaty- based law of the sea governance framework. The primary focus of this presentation is on several selected legal relationship issues: the relationship of a bbnj Convention with the los Convention, which has several aspects including the activities by a coastal State in the exercise of its jurisdiction over the resources in the continental shelf beyond 200nm; and the relationships issues that may/ will arise from area- based management measures and existing treaty- based governance bodies such as regional fisheries management organizations (rfmo s) and the various imo Conventions. Here the mantra is that a bbnj Convention will not “undermine” existing instruments and frameworks.