ABSTRACT

This chapter explores the interaction between the Convention on Biological Diversity (CBD) and the United Nations Convention on the Law of the Sea (UNCLOS) from the particular perspective of concepts. The interaction between the CBD and the Law of the Sea will be characterized as regime interaction. There are several areas where the interaction between the CBD and UNCLOS can be envisioned within the context of the biodiversity beyond national jurisdiction (BBNJ) process and future treaty. UNCLOS utilizes the concept of conservation and links it to management tools such as maximum sustainable yield and goals such as optimal utilization. The distinction between conservation and sustainable use is relevant both within the context of the CBD, where their relation remains unsettled and within the context of the BBNJ process, where they form the key conceptual pair upon which the treaty will rest.