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Entitlement To Marine Living Resources In Areas Beyond National Jurisdiction

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Chapter Summary

This chapter focuses on the marine living resources of the high seas and the marine genetic resources of the deep seabed, although it is important to note that the issues at stake would apply in principle to other areas such as Antarctica or outer space. It explores the nature of marine living resources, showing why they tend to be regulated in particular way. This is done through the lens of property rights, which are increasingly prevalent as a means of regulating marine resources within domestic legal systems. Then, the chapter introduces the possibility of regulating activities in areas beyond national jurisdiction (ABNJ) through the introduction of property rights-based entitlements, and considers if such an approach could be utilized through a regional fisheries management organization (RFMO). It also shows how property rights-based holdings may operate on high seas and in other ABNJ.

Keywords: areas beyond national jurisdiction (ABNJ); deep seabed; high seas; international law; marine genetic resources; marine living resources; property rights; regional fisheries management organization (RFMO)



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