Publication on Multilateral Creeping Coastal State Jurisdiction and the BBNJ Negotiations
An advance version of Erik J. Molenaar’s article on Multilateral Creeping Coastal State Jurisdiction and the BBNJ Negotiations was posted on the website of the International Journal of Marine and Coastal Law in early January 2021. It is available through open access and can be found . The article will be published in the first issue of volume 36 (2021).
Abstract
The interrelated notions of adjacency and creeping coastal State jurisdiction have been a key driver in the historical development of the international law of the sea. Although the United Nations Convention on the Law of the Sea (LOSC) managed to bring an end to unilateral coastal State claims to new and broader maritime zones, creeping coastal State jurisdiction per se continued, both unilaterally and multilaterally. This article focuses on so-called multilateral creeping coastal State jurisdiction – which originates predominantly from intergovernmental bodies – and in particular on the role of this phenomenon in the currently ongoing negotiations on an agreement on marine biodiversity beyond national jurisdiction under the LOSC (BBNJ Agreement). The article contains a detailed analysis of the relevant provisions in the draft BBNJ Agreement of 18 November 2019 and subsequent text proposals by delegations, in light of the historical development of the law of the sea.