Ad Hoc Open-ended Informal Working Group to
study issues relating to the conservation and sustainable use of marine biological
diversity beyond areas of national jurisdiction

Updated 28 April 2008

Background

Increasingly, the international community is considering issues related to the conservation and sustainable use of marine biodiversity, both within and beyond areas of national jurisdiction.

 The General Assembly, in resolution 59/24, paragraphs 73 and 74, decided to establish an Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction (the Working Group) to:

(a)    survey the past and present activities of the United Nations and other relevant international organizations with regard to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction;

(b)   examine the scientific, technical, economic, legal, environmental, socio-economic and other aspects of these issues;

(c)    identify key issues and questions where more detailed background studies would facilitate consideration by States of these issues; and

(d)   indicate, where appropriate, possible options and approaches to promote international cooperation and coordination for the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction.

Upon request by the General Assembly, the Secretary-General prepared a report on the issues referred to above in the context of his annual report on oceans and the law of the sea to the General Assembly, in order to assist the Working Group in preparing its agenda (document A/60/63/Add.1). The first meeting of the Working Group was held in New York from 13 to 17 February 2006 (report A/61/65).

On the basis of General Assembly resolution 61/222, paragraph 91, the Working Group will hold another meeting from 28 April to 2 May 2008 and will focus its discussions on the following topics:

(a)    environmental impacts of anthropogenic activities on marine biological diversity beyond areas of national jurisdiction;

(b)   coordination and cooperation among States as well as relevant intergovernmental organizations and bodies for the conservation and management of marine biological diversity beyond areas of national jurisdiction;

(c)    the role of area-based management tools;

(d)   genetic resources beyond areas of national jurisdiction; and

(e)    whether there is a governance or regulatory gap, and if so, how it should be addressed.

The Secretary-General prepared a report on the issues referred to above in the context of his annual report on oceans and the law of the sea to the General Assembly, in order to assist the Working Group in preparing its agenda (document A/62/66/Add.2).

Additionally, the General Assembly, in resolution 62/215, acknowledged the need to further discuss the issue of marine genetic resources in the Working Group, in accordance with paragraph 91 of resolution 61/222, taking into consideration the possible elements suggested by the co-chairpersons of the eighth meeting of the Consultative Process (paragraph 132). In particular, the Assembly noted the discussion on the relevant legal regime on marine genetic resources in areas beyond national jurisdiction in accordance with the Convention, and called upon States to further consider this issue in the context of the mandate of the Working Group, with a view to making further progress on this issue (paragraph 133).]