BBNJ - Ratification and Implementation

Strengthening Ocean Governance and Equitable Resource Sharing

BBNJ Ratification and implementation

In 2023, the international community adopted the agreement for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (hereinafter the BBNJ Treaty). The BBNJ Treaty sets out new regulations and obligations for how marine biodiversity is to be protected and used and how benefits arising from marine genetic resources are to be shared amongst all. The new treaty enables the establishment of area-based management tools, outlines the process of environmental impact assessments, ensures fair and equitable access and benefit sharing of marine genetic resources and enables capacity building and the transfer of marine technology. This new agreement brings innovative ocean equity aspects into existing ocean governance, including a more influential role of Indigenous Peoples and Local Communities in designing ocean governance and concrete opportunities for capacity building and marine technology transfer for developing countries.

One of the key parties in shaping the new BBNJ Treaty have been Small Island Developing States (SIDS), who have been strong proponents for an ambitious treaty to implement conservation measures and achieve equitable outcomes. There is a sense of urgency to have this new instrument enter into force given the global biodiversity and climate change-related crises. SIDS, comprising 39 states, are crucial to achieving rapid entry into force and must maintain a leadership role in the BBNJ process to enable effective and equitable implementation of the treaty.

The Ocean Equity Research program studies multi-jurisdictional coherence between existing instruments of the ocean governance framework and BBNJ’s new role in it. Furthermore, this research programme provides support to SIDS and developing states to ensure equitable and effective conservation of biodiversity in marine areas beyond national jurisdiction. Combining expertise from Fisheries, Deep-sea Mining, Shipping, and Biodiversity, the Ocean Equity Research team provide insights for interaction, cooperation, and support to contribute to a holistic and equitable ocean governance in areas beyond national jurisdiction.

Recent Publications

Fact or fiction? Unpacking the terminologies used in fisheries allocation discussions

In this paper, authors analysed the conservation and management measures of RFMOs that include exemptions from catch, effort and capacity limits and found that they are used most commonly in the Western and Central Pacific Fisheries Commission. They argue that the use of exemptions due to the failure of RFMOs to adopt equitable allocation frameworks has the potential to negatively impact marine resources and their development opportunities. Instead, alternatives, such as equitable allocations of science-based catch and effort limits, transferability and phased adjustments, should be developed.

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The Unintended Consequences of Exemptions in Conservation and Management Measures for Fisheries Management

In this paper, authors analysed the conservation and management measures of RFMOs that include exemptions from catch, effort and capacity limits and found that they are used most commonly in the Western and Central Pacific Fisheries Commission. They argue that the use of exemptions due to the failure of RFMOs to adopt equitable allocation frameworks has the potential to negatively impact marine resources and their development opportunities. Instead, alternatives, such as equitable allocations of science-based catch and effort limits, transferability and phased adjustments, should be developed.

Read More »