Commentary: Threatened by mining, polymetallic nodules are required to preserve abyssal epifauna

• Published in: Frontiers in Marine Science Vol. 3
• Main Author: Fritz, Jan-Stefan
• Format: Journal Article
• Language: English
• Published: Lausanne Frontiers Research Foundation 04.10.2016
• Subjects: Areas beyond national jurisdiction; Biodiversity; Conflicts of interest; Conservation; Epifauna; Exclusive economic zone; Ferromanganese nodules; Flora; Genetic resources; International law; International organizations; Jurisdiction; Law of the sea; Maritime law; Natural resources; Negotiations; Nodules; Oceans; Plants; Sessile species; Sustainability; Sustainable development; Sustainable use; Pacific Ocean; Germany
• ISSN: 2296-7745; 2296-7745
• DOI: 10.3389/fmars.2016.00190

While UNCLOS doesn't specifically address biological resources in the Area, it does stipulate that the natural resources of the Area should be protected and conserved, and that damage to the flora and fauna should be protected (UNCLOS, Article 145). Since the Area and its resources are the Common Heritage of Mankind (UNCLOS, Article 136), arguably sessile organisms which could be resources someday should be subject to the principle. “The Conservation and Sustainable Use of Marine Biodiversity, including Genetic Resources, in Areas Beyond National Jurisdiction: A Legal Perspective,” in Presentation to the 12th Meeting of the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea. Development of an International Legally-Binding Instrument Under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction.