Marine Biodiversity in Southeast Asia: An International Law Guide for Marine Researchers

22 Pages Posted: 19 Feb 2013

See all articles by Youna Lyons

Youna Lyons

National University of Singapore (NUS) - Centre for International Law; Australian National Centre for Ocean Resources and Security

Date Written: February 18, 2013

Abstract

This paper outlines some of the key international rules to be considered by researchers documenting, monitoring or protecting marine biological diversity. It discusses the weaknesses of the international legal framework but also provides guidance for marine researchers to assist in the implementation of protection mechanisms.

Biological diversity is the subject of one specialised international convention (widely ratified globally and regionally in Southeast Asia) devoted to the identification, monitoring and protection of biological diversity, the 1992 Convention on Biological Diversity (CBD). This paper investigates and discusses the application and pitfalls of the Convention to the biodiversity of the seas of Southeast Asia and of the concept of Ecologically or Biologically Significant Areas in need of protection. Where marine biological diversity is concerned, the implementation of the CBD has to be conducted within the framework set by the 1982 United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS sets specific and distinct rights and obligations for coastal States, flag States and other States (i) in different geographic zones (territorial sea, exclusive economic zone, continental shelf, etc.); and, (ii) for different uses of the sea such as shipping and fishing. Notably, coastal States have to take into consideration the rights of other states when enacting laws and regulations to identify, monitor, research and protect marine biodiversity, which they may consider to be located within their jurisdiction.

Keywords: marine biodiversity, law of the sea, Southeast Asia, South China Sea, marine scientific research, UNCLOS, CBD, Ecologically and biologically significant areas, EBSA

Suggested Citation

Lyons, Youna, Marine Biodiversity in Southeast Asia: An International Law Guide for Marine Researchers (February 18, 2013). Available at SSRN: https://ssrn.com/abstract=2220581 or http://dx.doi.org/10.2139/ssrn.2220581

Youna Lyons (Contact Author)

National University of Singapore (NUS) - Centre for International Law ( email )

Block B, #02-01
469 Bukit Timah Road
Singapore, 259776
Singapore

Australian National Centre for Ocean Resources and Security ( email )

University of Wollongong
Wollongong, NSW 2500
Australia

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