On June 19, 2023, Members of the United Nations during the resumed fifth session of the Intergovernmental Conference (IGC) formally adopted the Agreement under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (“BBNJ Agreement”).
The Agreement significantly strengthens the legal framework for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction and will enter into force 120 days after sixty states have complete procedures to become Parties to the Agreement.
Why is the BBNJ Agreement so historical and important?
Nearly two thirds of the ocean exist in areas beyond national jurisdiction, that is, outside the 200 nautical miles known as the Exclusive Economic Zone (EEZ). This area is commonly referred to as ‘international waters’ and is teeming with marine biological diversity, with many species yet to be discovered. While UNCLOS has been in force since 1994 (12 years after its adoption), the Convention was written prior to the kind of technological, biological or navigational advances we know today. The Convention also predates the emergence of transboundary threats now facing the ocean, such as climate change, plastic pollution and overfishing and their impacts on nature. New territorial disputes and navigational access-ways have surfaced as Arctic ice melts and glaciers recede. Much has changed in the world geopolitically, yet the global framework governing the open ocean remain largely unchanged. Until now.
The BBNJ Agreement arrives at a critical time following 20 years of negotiation. This new Agreement, once in force, will provide a legally-binding framework and help level the playing field for the conservation and sustainable management of biodiversity in areas beyond national jurisdiction. Provisions include area-based management tools like marine protected areas, scientifically rigorous environmental impact assessments, and equitable benefit-sharing arrangements for use of marine genetic resources. It also creates a clearinghouse mechanism for exchange of information, for financing, for capacity building, and for the transfer of marine technology across all Parties. Further, it aims to enhance coherence with other existing multilateral environmental agreements (MEAs), several of which are administered by UNEP.
For example, the Convention on the Conservation of Migratory Species of Wild Animals (CMS), the Convention on Biological Diversity (CBD) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) as well as Regional Seas Conventions and Action Plans. Determining what the cooperative arrangements with other international frameworks and bodies will look like is a topic under much discussion by members of the BBNJ Preparatory Commission (Prep Com), including UNEP. To support countries in their deliberations, UNEP, together with its collaborating partner the World Conservation Monitoring Center (WCMC), prepared a technical report which presents an overview of possible linkages between provisions of the BBNJ Agreement and existing UNEP-administered biodiversity MEAs.
In addition to discussing options for coherence with existing MEAs, the Prep Com is also exploring operative arrangements for decision-making, financial mechanisms, monitoring and assessment, equitable benefit-sharing arrangements and tools to support capacity building efforts, including a central clearinghouse mechanism.
How is UNEP engaging in the global arena on BBNJ?
UNEP has a critical leadership role as the global authority on the environment. Our mandate does not stop at any border. We address the environment at every level, from mountains to the sea and everything in between, or in the atmosphere. Anything and everything that impacts the environment of planet Earth. Our mission to protect the ocean is not just about saving life at sea but ensuring a healthy, prosperous and resilient planet for all, including the billions of people who rely on the ocean for food, jobs, medicine, and a stable climate.
Through our technical expertise on ocean and coastal management, including transboundary governance tools (ICZM, MSP), our long history of our ecosystem monitoring and assessment tools (e.g. GEMS Ocean), our legal capacity on guiding countries with rule of law through the Montevideo Environmental Law Programme, or resource mobilization as an Implementing Agency for the Global Environment Facility (GEF) International Water portfolio, to our 50 years of demonstrated success administering Regional Seas Conventions and Action Plans around the globe, UNEP stands ready to support countries in the race to ratification and future implementation of this landmark treaty. Read more about what we do on oceans and coasts here or learn more about our signature Regional Seas Programme here. Other links below.
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