The BBNJ agreement, which focuses on conserving and sustainably using marine biodiversity in areas beyond national jurisdiction, will soon be officially adopted.

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In 2017, the United Nations General Assembly decided (according to the  resolution 72/249)[i]  to convene an Intergovernmental Conference under the United Nations Convention on the Law of Sea to develop an international legally binding instrument on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction  – (BBNJ). The BBNJ has drawn international attention over the past 15 years[ii]. The president of the BBNJ negotiations is Ms. Rena Lee, Singapore’s Ambassador for Oceans and Law of the Sea Issues and Special Envoy of the Minister for Foreign Affairs. In accordance with resolution 72/249, the Conference addressed the topics identified in a package agreed in 2011, namely[iii]:

      ·         The conservation and sustainable use of marine BBNJ;

·         Marine genetic resources, including questions on benefit-sharing (MGR);

·         Area Based Management Tools (ABMT), including marine protected areas;

·         Environmental impact assessments (EIA); and

·         Capacity-building and the transfer of marine technology (CB&TMT).

  

The Conference has held five sessions so far, from September 2018 to August 2023[iv].

  1. The first session was convened from 4 to 17 September 2018[v]
  2. The second session from 25 March to 5 April 2019[vi] 
  3. The third session from 19 to 30 August 2019[vii]
  4. The fourth session of the Conference was convened from 15 to 26 August 2022[viii] 
  5. The fifth session of the Conference at United Nations Headquarters from 20 February to 3 March 2023[ix]

On 4 March 2023, the president, successfully concluded negotiations on a new international agreement under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction[x]. The treaty is seen as essential to conserving 30 percent of the world's land and ocean by 2030, as agreed by world governments in a historic accord signed in Montreal in December[xi].

According to the president, the agreement will be formally adopted at a later date once it has been vetted by lawyers and translated into the United Nations’ six official languages.

 

by: A. Sampath M

Photo credit: IISD Earth Negotiations Bull

[i] https://documents-dds-ny.un.org/doc/UNDOC/GEN/N17/468/77/PDF/N1746877.pdf?OpenElement
[ii] https://enb.iisd.org/marine-biodiversity-beyond-national-jurisdiction-bbnj-igc5-resumed
[iii] https://www.imo.org/en/ourwork/legal/pages/unitednationsconventiononthelawofthesea.aspx#:~:text=In%20accordance%20with%20resolution%2072,on%20benefit%2Dsharing%20(MGR)%3B
[iv] https://www.un.org/bbnj/
[v] https://www.un.org/bbnj/content/first-substantive-session
[vi] https://www.un.org/bbnj/content/second-substantive-session
[vii] https://www.un.org/bbnj/content/third-substantive-session
[viii] https://www.un.org/bbnj/content/fourth-substantive-session
[ix] https://enb.iisd.org/marine-biodiversity-beyond-national-jurisdiction-bbnj-igc5-resumed
[x] https://www.mfa.gov.sg/Newsroom/Press-Statements-Transcripts-and-Photos/2023/03/BBNJ
[xi] https://news.rthk.hk/rthk/en/component/k2/1690630-20230305.htm

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