About BBNJ Agreement - Agreement on Marine Biological Diversity of Areas beyond National Jurisdiction

The Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, also known as the “BBNJ Agreement”, is the first comprehensive, cross-sectoral ocean treaty in decades. It was adopted on 19 June 2023, following nearly twenty years of negotiations. Its adoption marked a historic achievement in efforts to ensure the health and resilience of ocean ecosystems, and to level the playing field in the capacity to participate in and benefit from activities in areas beyond national jurisdiction.

The Agreement addresses a package of issues under the overall objective of ensuring the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction for the present and in the long term, through effective implementation of the relevant provisions of the United Nations Convention on the Law of the Sea and further international cooperation and coordination. It sets out specific measures in respect of these issues, modalities to implement and monitor those measures, as well as institutional arrangements to support its implementation (Factsheet 1: Overview of the BBNJ Agreement).

The Agreement covers four main issues:

• Marine genetic resources, including the fair and equitable sharing of benefits (Factsheet 2);
• Measures such as area-based management tools, including marine protected areas (Factsheet 3);
• Environmental impact assessments (Factsheet 4); and
• Capacity-building and the transfer of marine technology (Factsheet 5).

It also addresses so called “cross-cutting issues (Factsheet 6)”, which are topics that are transversal for the implementation of the Agreement and relevant to the four main issues.

The BBNJ Agreement and the United Nations Convention on the Law of the Sea

The United Nations Convention on the Law of the Sea (UNCLOS, or the Convention) sets out the legal framework within which all activities in the oceans and seas must be carried out. It recognizes that all problems of ocean space are closely interrelated and need to be addressed as a whole. The Convention entered into force on 16 November 1994 and currently has 170 parties, including 169 States and the European Union. The Convention comprises 320 articles and nine annexes, setting out the limits of various maritime zones and the rights and obligations of Parties in these zones. It also provides the framework for further development of specific areas of the law of the sea, including through its implementing agreements.

The BBNJ Agreement is the third implementing agreement to the Convention, in addition to the Agreement relating to the Implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 (Part XI Agreement), which addresses the exploitation for and exploration of mineral resources in the international seabed area (the “Area” as defined under the Convention), and the Agreement for the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks (United Nations Fish Stocks Agreement), which addresses the conservation and management of straddling fish stocks and highly migratory fish stocks.

The BBNJ Agreement foresees that it must be interpreted and applied in the context of and in a manner consistent with the Convention. The Agreement also provides that it does not prejudice the rights, jurisdiction and duties of States under the Convention, including in respect of the exclusive economic zone and the continental shelf within and beyond 200 nautical miles.

All States and regional economic integration organizations may become parties to the BBNJ Agreement, whether they are parties to the Convention or not. The Agreement also provides that the legal status of non-parties to the Convention is not affected by the Agreement.

Why is the BBNJ Agreement important?

The BBNJ Agreement marks a vital step towards reversing destructive trends facing the ocean and restoring ocean health. This is critical for addressing the triple planetary crisis of climate change, biodiversity loss and pollution, and to meet various ocean-related global goals, including Sustainable Development Goal 14.

• As the first comprehensive, cross-sectoral ocean treaty in decades, its focus on enhancing and promoting international cooperation has the potential to lead to more integrated, holistic approaches to the management of ocean activities.
• Several of its provisions will support more inclusive ocean management, including those related to the traditional knowledge and participation of Indigenous Peoples and local communities, on gender responsiveness of capacity-building and on gender balance and equitable geographic representation in the composition of the bodies established under the Agreement.
• It will promote marine scientific research and facilitate the generation and dissemination of data and information to help improve our knowledge of marine biodiversity of areas hitherto largely underexplored and to support science-based conservation and management measures.
• It will contribute to addressing the uneven capacity to carry out and benefit from activities with respect to marine genetic resources of areas beyond national jurisdiction and digital sequence information on such resources, ensuring that such activities are in the interests of all States and for the benefit of all humanity.
• It will enable area-based management tools, including marine protected areas, to be established in areas beyond national jurisdiction, which will contribute to protecting and restoring ecosystems and strengthening resilience to stressors, including climate change, ocean acidification and marine pollution.
• It will assist in preventing and minimizing impacts on the marine environment, including through its provisions on environmental impact assessments and area-based management tools, including marine protected areas.
• It will address uneven capacity and assist States in strengthening cooperation and coordination and undertaking activities in areas beyond national jurisdiction through capacity-building and the transfer of marine technology.

When will the Agreement take effect?

The Agreement is open for signature for two years, from 20 September 2023 until 20 September 2025. The Agreement may be signed during this time by making an appointment with the Treaty Section of the Office of Legal Affairs of the United Nations. To become parties, signatories must then ratify, accept or approve the Agreement in accordance with their national procedures.

After the period for signature has closed, a State or regional economic integration organization may become party to the Agreement through accession in accordance with its internal procedures.

The Agreement will enter into force 120 days after the date of the deposit of the 60th instrument of ratification, acceptance, approval or accession.

This article was originally published by the United Nations on the page titled "About Agreement on Marine Biological Diversity of Areas beyond National Jurisdiction" that can be accessed through this link: https://www.un.org/bbnjagreement/en/bbnj-agreement/about-agreement