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Introduction to the Symposium on Governing High Seas Biodiversity

  • Cymie R. Payne (a1)
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Abstract
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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
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1 Cymie Payne, Collective Responsibility for Sound Resource Management: Erga Omnes Obligations and Deep Seabed Mining, in Environmental Rule of Law: Trends from the Americas (2015).

2 G.A. Res. 72/249 (Dec. 24, 2017). For a discussion of the Preparatory Committee and earlier processes leading to the resolution, see Cymie Payne, Biodiversity in High Seas Areas: An Integrated Legal Approach, 21:9 ASIL Insights (2017).

5 David Caron served in the U.S. Coast Guard; as codirector of the Law of the Sea Institute; as the Maxeiner Distinguished Professor of Law at the University of California, Berkeley; as Dean of the Dickson Poon School of Law, King's College, London; as President of the American Society of International Law; as member of the AJIL Board of Editors; twice as Judge ad hoc of the International Court of Justice; and as Member of the Iran-U.S. Claims Tribunal—to highlight just a few facets of his distinguished career.

6 David D. Caron, Images of the Arctic and the Futures They Suggest (Law Library of Congress Lecture, Mar. 30, 2011).

7 Id. at 15.

8 UN Convention on the Law of the Sea, Dec. 10, 1982, 1833 UNTS 397 [hereinafter UNCLOS].

10 Caron, supra note 6, at 21–22.

11 G.A. Res. 72/249 para. 2 (Dec. 24, 2017).

12 UNCLOS, supra note 8, art. 87.

13 The common heritage is closely, but not exclusively, associated with deep seabed minerals. Article 136 of UNCLOS states that the seabed, ocean floor and subsoil in areas beyond national jurisdiction and “its resources are the common heritage of mankind.” The concept of common heritage was introduced by Arvid Pardo in reference to the water column as well, and Article 4 of the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the “Moon Treaty”) similarly refers to the exploration and use of the moon as “the province of all mankind.”

14 UNCLOS, supra note 8, art. 192.

16 G.A. Res. 69/292 para. 3 (June 19, 2015).

17 Margaret Young & Andrew Friedman, Biodiversity Beyond National Jurisdiction: Regimes and Their Interaction, 112 AJIL Unbound 123 (2018).

20 Timo Koivurova & Richard Caddell, Managing Biodiversity Beyond National Jurisdiction in the Changing Arctic, 112 AJIL Unbound 134 (2018).

25 The Oceans in the Nuclear Age: Legacies and Risks (David D. Caron & Harry N. Scheiber eds., 2014).

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AJIL Unbound
  • ISSN: -
  • EISSN: 2398-7723
  • URL: /core/journals/american-journal-of-international-law
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