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On the Design of an Interactive Mechanism Concerning the Competence over Area-Based Management Tools between the International Legally Binding Instrument of Biodiversity of Areas beyond National Jurisdiction and the International Maritime Organization: With Special Reference to the Application of Precautionary Approach
Marine Biological Diversity of Areas Beyond National Jurisdiction,International Maritime Organization,Area-based Management Tools,Integrated Management,Precautionary approach,Regime complex,Mechanism design,
|Publication Year :||2019|
This study aims to design an interactive mechanism concerning the competence over area-based management tools between the international legally binding instrument of biodiversity of areas beyond national jurisdiction and the International Maritime Organization, and with special reference to the application of precautionary approach.
The negotiation on the international legally binding instrument of marine biological diversity of areas beyond national jurisdiction is about to reach its’ final conclusion. Once the instrument is officially established, the regime complex in international maritime order, especially on area-based management tools, will definitely become more serious, and thus is in need of a mechanism to coordinate the competences among them. Therefore, this study took International Maritime Organization, an organization with very different goal and character comparing to the international legally binding instrument of marine biodiversity of areas beyond national jurisdiction, as a target, and developed the interactive mechanism based on both of their conditions. Moreover, given that the precautionary approach not only was considered as one of the most important guiding principles in the negotiation of biodiversity of areas beyond national jurisdiction, but also as an element of the integrated management, a focal point in the field of marine management recently, this study drew insights from the precautionary approach for the design of the interactive mechanism.
This study includes three parts. In order to know how the application of precautionary approach can be beneficial to the conservation of biodiversity, it clarified the concept and different kinds of interpretations of the precautionary approach in the first part. Next, it explored how international legally binding instrument of marine biodiversity of areas beyond national jurisdiction and the International Maritime Organization applied the precautionary approach respectively, and compared the differences between them based on the findings of the first part. Last, it designed an interactive mechanism to coordinate the differences identified in the second part, while taking into account the given limitation of the relationship between the two international regimes at the same time.
The result shows that the international legally binding instrument of marine biodiversity of areas beyond national jurisdiction applies the precautionary approach in a moderately strong sense, and the International Maritime Organization applies it in a moderate sense. In order to coordinate their difference on the application of the precautionary approach, the study claims that the key of the interactive mechanism should be proportionality emphasized by the precautionary approach. It ensures that the regime will not have serious impact on each other’s own task, while optimizing the application of integrated management on the area-based management tools without neglecting any necessary functions.
|Appears in Collections:||政治學系|
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