Submarine Telecommunication Cables and a Biodiversity Agreement in abnj: Finding New Routes for Cooperation
In: The International Journal of Marine and Coastal LawSearch for other papers by Andrew Friedman in
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In 2016, countries began meeting at the United Nations (un) to prepare for negotiations to develop an international legally binding instrument on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (abnj). How the instrument will relate to submarine cables, if at all, remains to be decided. The preparatory committee will address a “package” of issues, among them the application of area-based management tools, including marine protected areas (mpas) and environmental impact assessments (eias) to activities in abnj. eias and mpas already affect submarine cable operations in national jurisdictions. In abnj, a new instrument should formalize a cooperative framework with the cable industry to provide limited environmental management where necessary without over-burdening cable operations. This approach would be consistent with the un Convention on the Law of the Sea and could also inform governance with respect to other activities likely to be benign in abnj.
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74
Davenport (n 11), at p. 227, n. 33 (2012) (citing M McDougal and W Burke, The Public Order of the Oceans: A Contemporary International Law of the Sea (Martinus Nijhoff Publishers, Leiden, 1962) 781).
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87
See JA Roach, ‘Military Cables’ in Submarine Cable Handbook (n 11), at p. 344.
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104
Ibid., p. 9; psids Submission (n 102), at p. 11.
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Submarine Telecommunication Cables and a Biodiversity Agreement in abnj: Finding New Routes for Cooperation
In: The International Journal of Marine and Coastal LawSearch for other papers by Andrew Friedman in
Current site
Google Scholar
PubMed
In 2016, countries began meeting at the United Nations (un) to prepare for negotiations to develop an international legally binding instrument on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (abnj). How the instrument will relate to submarine cables, if at all, remains to be decided. The preparatory committee will address a “package” of issues, among them the application of area-based management tools, including marine protected areas (mpas) and environmental impact assessments (eias) to activities in abnj. eias and mpas already affect submarine cable operations in national jurisdictions. In abnj, a new instrument should formalize a cooperative framework with the cable industry to provide limited environmental management where necessary without over-burdening cable operations. This approach would be consistent with the un Convention on the Law of the Sea and could also inform governance with respect to other activities likely to be benign in abnj.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1511 | 699 | 12 |
| Full Text Views | 493 | 9 | 0 |
| PDF Views & Downloads | 207 | 30 | 0 |
