The Concept of Adjacent Coastal States in the BBNJ Agreement: An Essay in Honor of Ted L. McDorman

Abstract

An essential issue that arises in conservation and sustainable use of marine biological diversity concerns the question of how one can reconcile conservation measures in marine spaces beyond national jurisdiction with measures taken by coastal states in marine spaces under national jurisdiction. This issue arises in the interpretation and application of the BBNJ Agreement because the Agreement relies on the traditional approach that distinguishes marine spaces under and beyond national jurisdiction. This article addresses relevant approaches to reconcile conservation measures in marine spaces under and beyond national jurisdiction, focusing on the concept of adjacent coastal states under the BBNJ Agreement.