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 completed procedures to become Parties to the Agreement.
Why is the BBNJ Agreement important?
Nearly two-thirds of the ocean lies beyond national jurisdiction of any single country. These international waters begin where a nation’s Exclusive Economic Zone (EEZ) ends, typically 200 nautical miles from its coastline, and are home to a vast array of marine biodiversity, including many species yet to be discovered.
Although UNCLOS has been in force since 1994, it was developed before many of today’s scientific, technological and environmental changes. Since its adoption, complex pressures have grown and emerged, from climate change and plastic pollution to shifts in maritime activity and access, particularly in the Arctic. While much has changed, the legal framework for governing areas beyond national jurisdiction has remained largely the same until the adoption of the BBNJ Agreement.
The BBNJ Agreement arrives at a critical time following a 20-year process of consultations, discussions and formal negotiations. 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.
What does the Agreement include?
The Agreement includes provisions for area-based management tools, such as marine protected areas, as well as scientifically robust environmental impact assessments. It establishes equitable benefit-sharing arrangements for the use of marine genetic resources and creates a clearinghouse mechanism to facilitate information exchange, financing, capacity building and the transfer of marine technology among parties.
It also aims to promote coherence with existing global and regional frameworks relevant to marine biodiversity, including several multilateral environmental agreements (MEAs) administered by UNEP. These include 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.
Cooperative arrangements with other international frameworks and bodies are under consideration by the BBNJ Preparatory Commission (Prep Com), in which UNEP is actively participating.
