The inspiration for this book comes from negotiations that are taking place under the auspices of the United Nations by an intergovernmental conference for a new International Legally Binding Instrument (ILBI) under 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 (ABNJ). The proposed ILBI is attempting to fill existing gaps under international law over marine biodiversity and Marine Genetic Resources (MGR) in ABNJ. One way it is attempting to do this is by having an Access and Benefit-Sharing (ABS) schema over these resources in ABNJ that the United Nations Convention on Biological Diversity (CBD) and its Nagoya Protocol (NP) do not currently cover. These existing frameworks that regulate genetic resources are grounded in the notion of sovereignty. Effectively, States have sovereign rights over their biological resources. The ILBI, however, is attempting to regulate marine biodiversity and MGR in ABNJ. Thus, the notion that negotiators representing nation States under the auspices of the United Nations can regulate ABNJ is paradoxical – are these areas beyond nation States' jurisdiction or not? Implicitly, the negotiators are acting as though they have sovereignty over resources located in what has been historically a sovereign-free space. Thus, the purpose of this book is to investigate this paradox. Essentially, this book critiques the notion that ABNJ can actually be regulated under the auspices of the United Nations by nation-State negotiators.
eBook - ePub
Sovereignty and the Limits of International Law
Regulating Areas Beyond National Jurisdiction
- 256 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
eBook - ePub
Sovereignty and the Limits of International Law
Regulating Areas Beyond National Jurisdiction
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Table of contents
- Cover
- Half Title
- Series
- Title
- Copyright
- Contents
- List of figures
- List of Abbreviations
- 1 Introduction
- 2 Sovereignty
- 3 Boundaries
- 4 The Lotus case
- 5 Whaling
- 6 International Seabed Authority
- 7 Outer space
- 8 Conclusion
- Index
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Yes, you can access Sovereignty and the Limits of International Law by Todd Berry in PDF and/or ePUB format, as well as other popular books in Jura & Rechtstheorie & -praxis. We have over 1.5 million books available in our catalogue for you to explore.