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Precaution and the Protection of Marine Biodiversity in Areas beyond National Jurisdiction

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AbstractAs a post-LOSC legal development, the precautionary principle is nowhere enunciated in the Law of the Sea Convention. Nevertheless, in the thirty years since the LOSC’s adoption, the significance of the precautionary principle for marine environmental protection in general and marine resource conservation in particular has been recognised. The language of precaution, the precautionary principle and the precautionary approach have entered the lexicon of the law of the sea, permeating the international community’s efforts to manage and conserve marine biodiversity in areas beyond national jurisdiction. The challenge remains, however, of crafting and implementing management and governance regimes capable of achieving the objectives of precautionary management and turning the rhetoric of precaution into a reality.

Affiliations: 1: University of New South Wales Sydney, NSW Australia Lund University Lund Sweden, URL:


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