Did you know about the agreement on marine biological diversity of areas beyond national jurisdiction, renowned as the BBNJ Agreement? Adopted on 19th June 2023 by the Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction, it is aimed at conserving marine biological diversity areas beyond national jurisdiction for the present and long term.
It is convened under the auspices of the United Nations, making the BBNJ Agreement the third implementing agreement to the United Nations Convention on the Law of the Sea. It operates through the effective implementation of the relevant provisions of the Convention and further international cooperation and coordination.
According to Gracian Banda, currently Senior Legal Officer at the United Nations Environment Programme, Article 5 of the agreement is vital as it aims to enhance cooperation among various sectors and stakeholders that operate outside specific national control.
BBNJ Agreement addresses four main issues that are it measures such as area-based management tools, including marine protected areas, marine genetic resources, fair and equitable sharing of benefits, environmental impact assessments and capacity-building, and the transfer of marine technology.
Earlier in April, two workshops were created to discuss thematic and substantive work undertaken by biodiversity, chemicals, and waste-related Multilateral Environmental Agreements (MEAs) and Regional Seas Conventions and Action Plans (RSCAPs), which is of direct relevance to BBNJ Measures.
This was aided by a collaboration between UNEP Ecosystems and Law Divisions and the UNEP World Conservation Monitoring Centre (UNEP-WCMC) on a horizon scan of interlinkages between the BBNJ Agreement and biodiversity, chemicals, and waste-related MEAs.
The collaboration seeks to assist in identifying areas where Parties to the BBNJ Agreement may seek coherence and enhanced coordination with relevant MEAs upon its entry into force for a collaborative approach.
These workshops were a follow-up to the Second Global training organized by UNEP for National Focal Points of the Fifth Montevideo Environmental Law Programme, held in Nairobi, in June 2024 in partnership with the United Nations Division for Ocean Affairs and the Law of the Sea (DOALOS) and the Treaty Section of the Office of Legal Affairs.
The first workshop focused on leveraging interlinkages to address biodiversity loss and enhance the sound management of chemicals and waste, while the second workshop focused on understanding the BBNJ Agreement and its interface with related MEAs.
It thus served as a pivotal platform for advancing discussions around the interlinkages between the BBNJ Agreement and various biodiversity, chemicals, and waste-related MEAs. It delved into identifying opportunities for UNEP and selected MEAs to coordinate technical assistance to countries and improve their legal frameworks through ratification and implementation.
Charlotte Salpin, Senior Legal Officer at the Division for Ocean Affairs and the Law of the Sea (DOALOS), in her presentation on the second workshop, positioned the agreement within the larger framework of ocean governance and the Law of the Sea. Her emphasis was on the significant ties the agreement has to the United Nations Convention on the Law of the Sea (UNCLOS).
Charlotte further highlighted the significance of the BBNJ agreement through four key issues. First, she pointed out how it provided a pathway toward a more level playing field in international negotiations. Second, she emphasized how it represented a vital step forward for the planet, addressing the pressing triple planetary crises.
Third, it marked a significant advancement in ocean affairs and the law of the sea. Finally, it served as a crucial contributor to global ocean-related goals and targets, including the Sustainable Development Goals (SDGs).
