2014 ndi 6ws fitzmier, Lundberg, Abelkop deep ocean neg privatization cp



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CBD CP

Solvency

CP Text:


The Convention on Biological Diversity should be amended to provide regulation on bioprospecting and marine scientific research in areas beyond national jurisdiction

Global cooperation under the CBD framework is key to preserve biodiversity and ocean ecosystems – prerequisite to safe bioprospecting


Warner 08 (Robin M., University of Wollongong, “Protecting the diversity of the depths: environmental regulation of bioprospecting and marine scientific research beyond national jurisdiction”, Ocean Yearbook 22, http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1178&context=lawpapers)

The provisions of the CBD provide a possible foundation for an implementing agreement to regulate the impact of bioprospecting activities on deep seabed environments in marine areas beyond national jurisdiction. Article 5 of the CBD foreshadows cooperation between the Contracting Parties directly or through competent international organizations for the conservation and sustainable use of biological diversity in areas beyond national jurisdiction. Biological diversity is defined in Article l of the CBD as the "variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems." The conservation of biodiversity and the sustainable use of its components including genetic and other biological resources is inextricably linked in the objectives of the CBD expressed in Article l of the Convention." An implementing agreement under Article 5 of the CBD could draw on the full range of environmental protection measures expounded in the CBD including marine protected areas and the other measures prescribed in Articles 8, 9 and 14 on in situ and ex situ conservation, environmental impact assessment and minimising adverse impacts on marine biodiversity to provide an environmental protection template for selected marine areas beyond national jurisdiction which are rich in biodiversity." Based on advice from regional marine environmental protection organizations such as the UNEP Regional Seas programmes and the Subsidiary Body for Scientific, Technical and Technological Advice (SBSTFA), the Conference of the Parties (COP) of the CBD could act as the competent international organization to endorse maritime areas beyond national jurisdiction where special measures need to be taken to conserve biological diversity. lt could also develop best practice guidelines for the establishment and management of protected areas or areas where special measures need to be taken to protect biodiversity. The COP's recommendations could then be implemented through global and regional organizations with regulatory competence in particular marine areas beyond national jurisdiction. For example, the marine environmental protection organization for the North East Atlantic (OSPAR) and the North East Atlantic Fisheries Commission (NEAFC) might collaborate to implement environmental protection measures related to the conservation and sustainable use of biological diversity on a seamount in their joint areas of regulatory competence. For hydrothemlal vent areas beyond national jurisdiction, the ISA might collaborate to implement environmental protection measures related to conservation and sustainable use of biological diversity with one of the UNEP regional seas organizations with responsibility for the proximate area in which the vent occurs. Collaboration on biodiversity protection between global and regional organizations with regulatory competence beyond national jurisdiction would contribute to strengthening and integrating protection and preservation of the marine environment beyond national jurisdiction. Negotiation of such an implementing agreement would necessarily raise the issue of ownership and access to genetic and biochemical resources on the deep seabed in marine areas beyond national jurisdiction. As discussed above, political agreement to classifying these resources as the common heritage of mankind may be an elusive goal in view of the substantial commercial interests already involved in the sampling of these resources. In the absence of political consensus among the members of the international community on a regime for ownership of and access to such resources, it may still be politically and legally viable, in the interim, to introduce environmental protection measures to regulate the adverse environmental impacts of the current open access situation applying to these resources through collaborative action by global and regional organizations with some regulatory competence in particular marine regions beyond national jurisdiction.

CBD amendment solves dangers of marine scientific research – international governance is key


Warner 08 (Robin M., University of Wollongong, “Protecting the diversity of the depths: environmental regulation of bioprospecting and marine scientific research beyond national jurisdiction”, Ocean Yearbook 22, http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1178&context=lawpapers)

An implementing agreement under the LOSC provisions discussed above or Article 5 of the CBD with the broad objective of conserving marine biodiversity beyond national jurisdiction offers some potential for limiting the adverse impacts of marine scientific research on the deep seabed environment. If marine protected areas beyond national jurisdiction are established under such an agreement, regional organizations overseeing management plans in these areas could be responsible for ensuring that activities undertaken are compatible with the conservation and sustainable use of marine biodiversity. Consultation and collaboration with the marine scientific community, as one of the principal users of such areas, would be an essential element in that process. Regional organizations involved in such planning will inevitably need to utilise the expertise of the marine scientific research community in implementing a range of in situ and ex situ conservation measures for deep seabed areas. The array of in situ and ex situ conservation measures prescribed in Articles 8 and 9 of the CBD have application to and benefits for the marine scientific research community. In instances of conflict between a proposed marine scientific research use and a conservation objective, the only disadvantage of an implementing agreement under either the LOSC or the CBD might be that the LOSC provisions concerning the freedom of marine scientific research would prevail. In these circumstances, consultation between regional conservation organizations and the marine scientific research community should achieve resolution of any disputes.

International regulation of deep-sea exploration is key to protect biodiversity


Shetty 05 (Priya, “'Treaty needed' to regulate deep-sea bioprospecting”, SciDev, 10/6/05, http://www.scidev.net/global/biodiversity/news/treaty-needed-to-regulate-deepsea-bioprospectin.html)

An international treaty is needed to regulate the search for new products from species living on the ocean floor in deep international waters, the UN University's Institute for Advanced Studies (UNU-IAS) has warned in a report. The report, released on 8 June, says that unfettered commercial exploitation of such species poses risks to unique deep-sea ecosystems and needs to be regulated to ensure that benefits arising from the research are shared fairly. Deep-sea ecosystems include hydrothermal vents, cracks in the Earth's crust where water is very hot and rich in iron, sulphur and other chemicals. Compounds already isolated from these vents include enzymes that are stable at high temperatures, and have been commercialised for use in laboratory techniques. Researchers are also studying compounds from deep-sea microbes to see if they can be used in medicines. Compounds found in marine organisms have proven profitable: anti-cancer agents from these organisms are valued at US$1 billion a year, and global sales in 2000 of products derived from marine species amounted to US$100 billion. Wealthy nations such as the United States and Japan have been at the forefront of this type of 'bioprospecting' research. But some developing countries, such as India and Malaysia, are exploring the bottom of the ocean too. The report highlights the lack of regulation of access to and use of marine life in international waters. UNESCO's Salvatore Arico, the report's co-author, says: "These resources lie within the global commons, but are they free for anyone to take or are they the heritage and property of all humankind?" Regulation is important for two reasons, say the authors. First, some deep-sea ecosystems such as seamounts and cold seeps are more vulnerable than others to overexploitation by bioprospectors. Although the threat to deep-sea biodiversity is fairly minor at the moment, it could become significant, Arico told SciDev.Net. Sam Johnston, a UNU-IAS senior research fellow, told SciDev.Net that the lack of regulation is preventing the world from benefiting from the ocean's biodiversity. Without clear guidelines, it is difficult for the researchers, especially those from the private sector, to undertake research on deep-sea genetic resources that could bring broader benefits than profits alone, added Johnson. The authors say it would be of little use for individual countries to develop their own guidelines, as broader regulations are needed.


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