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E-book Marine Bioprospecting, Biodiversity and Novel Uses of Ocean Resources : New Approaches in International Law
Recent decades have seen great advances in science and technology that enable us – or, rather, those who have the requisite financial and technological resources – to explore and derive ever more benefits from the marine realm. In some ways, technological developments risk making legal frameworks obso-lete, addressing problems that are no longer pertinent or facilitating activities that are no longer relevant. If regulatory and institutional structures do not keep pace with technological developments and changing practices in the scientific and commercial sector, they can also become obstacles to desirable activities and hamper progress towards sustainable development. The story told by the contributions to this volume is to a large extent one of fragmenta-tion and path dependencies that make the law and its institutions less than fit for addressing many current challenges. It also strongly calls for innovative thinking and, perhaps more than anything else, effective collaboration and cross-fertilisation between branches of law, institutions, scholarly disci-plines and industry. To many, the elaboration of a legal instrument under the United Nations Convention on the Law of the Sea (UNCLOS) on the conserva-tion and sustainable use of marine biological diversity of areas beyond national jurisdiction (ABNJ) offers a rare opportunity to advance the law in these regards. Fortunately, this instrument was finally adopted after lengthy negotiations in March 2023, which enabled consideration of the finally adopted text by the contributing authors dealing with topics relating to the so-called BBNJ Agreement.1By looking at how legal and institutional structures address, or fail to address, core sustainability dimensions of novel ocean uses or uses that are being re-evaluated in the light of increasing scientific understanding, this volume aims to support the objectives of the Ocean decade, ie to deliver solution-oriented research needed for a well-functioning ocean in support of the UN 2030 Sustainable Development Agenda (Agenda 2030).
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