The BBNJ Agreement
Background and History
The BBNJ Agreement, also known as the “High Seas Treaty,” is a landmark international treaty aimed at the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction. The journey towards this agreement began nearly two decades ago, driven by the recognition of the growing threats to marine ecosystems from overfishing, pollution, and climate change.
The United Nations General Assembly established the Ad Hoc Open-ended Informal Working Group to study issues related to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction (ABNJ) in 2004. Over the years, this working group evolved into the Intergovernmental Conference (IGC), which was tasked with developing a legally binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS).
Ties to UNCLOS
The BBNJ Agreement is an extension of UNCLOS, which was adopted in 1982 and is often referred to as the “Constitution for the Oceans.” UNCLOS provides the legal framework for all activities in the oceans and seas, covering issues such as territorial seas, the continental shelf, and the exclusive economic zone (EEZ). However, it did not comprehensively address the conservation and sustainable use of marine biodiversity in ABNJ, which includes the high seas and the deep seabed areas beyond national jurisdiction.
The BBNJ Agreement fills this gap by establishing guidelines and mechanisms for the protection and sustainable use of marine biodiversity in these areas. It covers several key areas:
- Marine Genetic Resources (MGRs), including access and benefit-sharing provisions.
- Area-Based Management Tools (ABMTs), including marine protected areas.
- Environmental Impact Assessments (EIAs), focusing on activities that may have significant adverse impacts on the marine environment.
- Capacity Building and Transfer of Marine Technology, with an aim to ensure equitable sharing of benefits and resources.
Adoption in 2023
The BBNJ Agreement was unanimously adopted on June 19, 2023, at the United Nations headquarters in New York. This historic event marked the culmination of extensive negotiations and collaboration among the UN’s 193 Member States. The agreement is seen as a major victory for multilateralism and global cooperation in addressing the pressing environmental challenges facing the world’s oceans.
Next Steps and Protective Measures
Following its adoption, the next critical step is the ratification of the BBNJ Agreement by individual countries. The treaty will enter into force once it has been ratified by at least 60 countries. This process is expected to take several years, during which time countries will integrate the treaty’s provisions into their national laws and regulatory frameworks.
Key expected measures under the BBNJ Agreement include:
- Establishment of Marine Protected Areas (MPAs) to conserve vital marine habitats and species.
- Implementation of Environmental Impact Assessments (EIAs) with an aim to aim to cover proposed activities in ABNJ to minimize environmental harm.
- Development of Capacity Building Programs to support developing countries in implementing the treaty and benefiting from marine genetic resources.
- Enhanced International Cooperation aimed at scientific research and the sharing of marine technologies.
The BBNJ Agreement is crucial for achieving global sustainability goals, including the 2030 Agenda for Sustainable Development. It is expected to play a significant role in reversing the decline in ocean health and ensuring the sustainable use of marine resources for future generations.
Conclusion
The BBNJ Agreement represents a significant advancement in international ocean governance. By building on the foundation laid by UNCLOS, it addresses the critical need for a comprehensive legal framework to protect and sustainably use marine biodiversity in areas beyond national jurisdiction. Its adoption is a testament to the power of multilateralism and a hopeful step towards a healthier, more sustainable ocean.
