Sovereignty and the Limits of International Law: Regulating Areas Beyond National Jurisdiction

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Todd Berry

Sovereignty and the Limits of International Law

Regulating Areas Beyond National Jurisdiction

Todd Berry

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Hardback

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English

Routledge
29 November 2023

Politics & government; Jurisprudence & general issues; International law

Series: Routledge Research in International Law

The inspiration for this book comes from negotiations that are taking place under the auspices of the United Nations by an intergovernmental conference for a new International Legally Binding Instrument (ILBI) under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of Areas Beyond National Jurisdiction (ABNJ). The proposed ILBI is attempting to fill existing gaps under international law over marine biodiversity and Marine Genetic Resources (MGR) in ABNJ. One way it is attempting to do this is by having an Access and Benefit-Sharing (ABS) schema over these resources in ABNJ that the United Nations Convention on Biological Diversity (CBD) and its Nagoya Protocol (NP) do not currently cover. These existing frameworks that regulate genetic resources are grounded in the notion of sovereignty. Effectively, States have sovereign rights over their biological resources. The ILBI, however, is attempting to regulate marine biodiversity and MGR in ABNJ. Thus, the notion that negotiators representing nation States under the auspices of the United Nations can regulate ABNJ is paradoxical – are these areas beyond nation States’ jurisdiction or not? Implicitly, the negotiators are acting as though they have sovereignty over resources located in what has been historically a sovereign-free space. Thus, the purpose of this book is to investigate this paradox. Essentially, this book critiques the notion that ABNJ can actually be regulated under the auspices of the United Nations by nation-State negotiators.

By: Todd Berry
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 603g
ISBN: 9781032589633
ISBN 10: 1032589639
Series: Routledge Research in International Law
Pages: 230
Publication Date: 29 November 2023
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

Todd Berry is Adjunct Research Fellow at Griffith University, Australia. His research focuses on a theoretical and juridical account of sovereignty in the context of claims to resources located in Areas Beyond National Jurisdiction.