Marine Spaces Beyond National Jurisdiction
Marine Spaces Beyond National Jurisdiction (ABNJ)
1. Definition and Scope
Marine Spaces Beyond National Jurisdiction (ABNJ) refer to areas of the ocean that lie outside the territorial seas, Exclusive Economic Zones (EEZs), and continental shelves of any country.
ABNJ comprises two main zones:
The High Seas: Waters beyond 200 nautical miles from any coastal state.
The Area: The seabed and subsoil beyond the limits of national jurisdiction (beyond the continental shelf).
These spaces cover about 64% of the ocean's surface and nearly 95% of its volume.
2. Legal Framework
a. United Nations Convention on the Law of the Sea (UNCLOS), 1982
UNCLOS is the primary legal instrument governing ABNJ.
It establishes freedoms and responsibilities for states operating in ABNJ, balancing freedom of use with conservation and sustainable use.
b. Key UNCLOS Provisions for ABNJ
| Aspect | Provision |
|---|---|
| Freedom of the High Seas | Navigation, overflight, fishing, scientific research, laying cables and pipelines, etc. (Art. 87) |
| Duty to Protect and Preserve the Marine Environment | Obligation to prevent pollution and protect marine biodiversity (Art. 192-194) |
| Exploitation of the Area | Regulated by the International Seabed Authority (ISA), ensuring benefits for all mankind (Part XI) |
| Marine Scientific Research | Conducted with respect for coastal state rights and protection of the marine environment (Art. 238) |
3. Challenges and Issues in ABNJ
a. Governance Gaps
Unlike coastal areas, ABNJ lacks a single regulatory body with comprehensive enforcement authority.
Governance is often sectoral and fragmented, covering fisheries, shipping, seabed mining, and environmental protection separately.
b. Conservation and Sustainable Use
Biodiversity Beyond National Jurisdiction (BBNJ) is a key concern.
Marine ecosystems in ABNJ face threats from:
Overfishing and IUU fishing
Deep seabed mining impacts
Pollution, including plastics and noise
Climate change effects
c. Marine Genetic Resources (MGRs)
MGRs in ABNJ are vital for pharmaceuticals, biotechnology, and research.
Legal questions revolve around access, benefit-sharing, and intellectual property rights.
4. Ongoing International Efforts
a. BBNJ Treaty Negotiations
The UN is negotiating a legally binding instrument under UNCLOS to:
Conserve and sustainably use marine biological diversity in ABNJ
Address marine genetic resources, area-based management tools (marine protected areas), environmental impact assessments, and capacity building.
b. International Seabed Authority (ISA)
Regulates mineral-related activities in the Area.
Develops regulations for exploration and exploitation of deep seabed minerals, balancing economic interests and environmental protection.
c. Regional Fisheries Management Organizations (RFMOs)
Manage fish stocks on the high seas, aiming to prevent overfishing and coordinate conservation.
5. Freedom vs. Responsibility in ABNJ
States enjoy freedom of the seas, but this is not absolute.
They must exercise these freedoms with due regard to the interests of other states and the protection of the marine environment.
The principle of common heritage of mankind applies especially to the seabed Area.
6. Key Takeaways
ABNJ is a vast and critical part of the ocean with complex legal and governance frameworks.
The balance between exploitation and conservation remains a major international challenge.
The ongoing BBNJ treaty aims to fill existing legal gaps, promoting coordinated governance.
Effective management requires international cooperation, scientific research, and sustainable policies.
A summary of the BBNJ Treaty negotiation status,
Case studies on high seas fisheries management,
Details on the International Seabed Authority’s role.
Do write to us if you need any further assistance.
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