SIDS Flag States Under the BBNJ Agreement: Responsibilities, Challenges, and the way Forward (information paper)

Small Island Developing States (SIDS) play a crucial role in the implementation of 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 (BBNJ Agreement). For SIDS that also serve as flag States, this role includes ensuring vessel compliance with conservation measures in areas beyond national jurisdiction (ABNJ), such as environmental regulation enforcement, monitoring, and reporting. Further, the Agreement encourages all States Parties, including SIDS flag States, to implement tools such as Area-Based Management Tools (ABMTs), Marine Protected Areas (MPAs), Environmental Impact Assessments (EIAs), and frameworks for equitable benefit-sharing of Marine Genetic Resources (MGRs), while promoting Capacity Building and Transfer of Marine Technology (CB&TMT) (United Nations, 2023; Global Environment Facility, 2024).

Despite SIDS’ commitment to the effective implementation of the BBNJ Agreement, SIDS face persistent challenges including limited financial and legal capacity, and the challenge of integrating BBNJ obligations with existing international and regional frameworks, such as the United Nations Convention on the Law of the Sea (UNCLOS) and Regional Fisheries Management Organizations (RFMOs). Regional bodies such as the Pacific Islands Forum (PIF), the Caribbean Community (CARICOM), and the larger coalition of the Alliance of Small Island States (AOSIS), have consistently called for increased support to help SIDS meet their commitments under the Agreement (AOSIS, 2022; Pacific Islands Forum, 2021; CARICOM, 2019). United Nations’ assessments further acknowledge these structural barriers (UN, 2014; 2021).

This paper explores the responsibilities and challenges of SIDS, particularly SIDS flag States, under the BBNJ Agreement and provides targeted recommendations in the lead-up to the first Conference of the Parties (COP), including strengthening legal frameworks, securing sustained support, and enhancing cooperation. Ratifying and aligning national legislation with the Agreement, strengthening flag State responsibilities, and leveraging CB&TMT, will be essential to moving towards compliance and implementation.

The paper also underscores the importance of engaging actively in regional and international decision-making processes, developing sustainable marine resource strategies, and enhancing monitoring, control, and surveillance capacities. Focused investment, inclusive participation, and stakeholder engagement will help ensure that SIDS continue to play a leading role and remain active and effective participants in the sustainable governance of marine biodiversity in ABNJ.

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