By Dr. Ina Tessnow-von Wysocki
The new Agreement on Marine Biodiversity of Areas beyond National Jurisdiction (BBNJ) has been adopted in 2023 and already counts over 100 signatures. In preparation for the entry into force of the treaty, the Second BBNJ Symposium, was held in Singapore from February 18-20, hosted by the Ministry of Foreign Affairs Singapore and the Centre for International Law at the National University of Singapore. It offered a platform for stakeholders to exchange information on the process, share new knowledge and research and identify topics which will be officially discussed in New York at the upcoming meeting of the Preparatory Commission Meeting (14-25 April, 2025).
The Symposium was opened with keynote speakers who introduced the relevance of the Treaty and emphasised that this agreement is to be implemented “on behalf of the entire planet” (Dr. Vivian Balakrishnan, the Foreign Minister of Singapore). Multiple times throughout the Symposium, the novelty, opportunity and need for inclusiveness of different stakeholders was emphasised, in order for the process to be representative of the entire global community. ANCORS was part of the researcher’s roundtable on Day 1, where Dr. Ina Tessnow-von Wysocki presented insights into her research on the inherent value of nature for the future BBNJ process.
The Value of Marine Biodiversity
Ocean equity is a key element in international relations and in negotiations and agreements, as it makes sure that processes and outcomes are fair and that stakeholders who have been disadvantaged in the past or continue to be disadvantaged in the present get differentiated treatment. Such intragenerational equity acknowledges States and stakeholders of today. Intergenerational equity, on the other hand, also considers future generations in governance decisions. The BBNJ agreement does so, by acknowledging to act as stewards of the ocean on behalf of present and future generations.
But interestingly, it goes a step further and recognises the inherent value of biological diversity. This is an indication that international law is approaching an openness to a more eco-centric view which could mark the beginning of transforming into a more sustainable way of using the ocean and having a healthier human-ocean relationship.
Previously, nature has mainly been subscribed “instrumental value” – meaning nature is only regarded valuable when directly benefitting humans – e.g. though the provision of resources. In this way, the environment is looked at as a resource, as something to explore and exploit, as something to serve humans. But by recognising the inherent value of nature, the new BBNJ Treaty seeks to go beyond perceiving nature as “a resource” only valuable when for direct human benefit.
Rights of Nature
There are many examples at local and national levels, where nature, rivers, forests and mountains are granted rights on their own (See: Rights of Nature Law Library). Other international agreements, such as the Global Biodiversity Framework is mentioning Mother Earth and eco-centric approaches for governance (CBD, 2023), and there are current initiatives for a Universal Declaration of Ocean Rights. Recent academic literature is pointing to rights of nature in relation to the sea (Bender & Bustamante, 2024; Bender et al., 2022; Harden-Davies et al., 2020). There are many ideas about how the human-ocean relationship could be transformed – to support the transformative change that was called for by the Intergovernmental Science-Policy Panel on Biodiversity and Ecosystem Services (IPBES) to reverse biodiversity loss (IPBES, 2019). BBNJ could be a platform where different perspectives and stakeholders come together to re-imagine ocean governance.
Dr. Ina Tessnow-von Wysocki’s panel input identified three concrete ways how BBNJ can set a new stage to recognise the inherent value of Nature:
- Inclusive governance
Emphasis in the BBNJ agreement is placed on inclusive representation in different subsidiary bodies, such as the Scientific and Technical Body, and throughout the agreement – in consultations. Consultations are important in the establishment of Area-based Management Tools (ABMTs), including Marine Protected Areas (MPAs), as well as for the process of Environmental Impact Assessments (EIAs).
Soon after entry into force, the Conference of the Parties will meet regularly (COP meetings), which require inclusiveness for future decision-making over areas beyond national jurisdiction: Who will need to be represented for governing these areas that belong to no one and everyone at the same time? How can BBNJ create a platform for dialogue between the users of areas beyond national jurisdiction? There are examples from other negotiations, where stakeholders who are not States are represented in so called “major groups” in the negotiations – e.g. for Indigenous Peoples and Local Communities. What forms of representation can be created for the BBNJ process? Who will sit at the table in the COP meetings of BBNJ? Who will be selected as experts for the Scientific and Technical Body? How can an inclusive dialogue be encouraged? And is there room to go beyond national interests of individual States and create a platform for international interest to safeguard planetary health?
- Considering planetary health as a whole
The new treaty has the mandate to conserve and sustainably use marine biodiversity of areas beyond national jurisdiction – and to strengthen cooperation and coordination among other frameworks and bodies. This is an opportunity to think beyond narrow national interest and enable a wider planetary health perspective to ocean governance.
Considering planetary health can be done in BBNJ implementation when identifying ABMTs, including MPAs. A comprehensive system of ABMTs, with ecologically representative and well-connected networks of MPAs is envisaged to meet BBNJ objectives. Such a holistic approach will also be important when conducting EIAs, setting EIA baselines and developing international EIA standards.
- Encouraging coherence in governance across sectors
The ocean is interconnected (Tessnow-von Wysocki & Vadrot, 2022), and governance can only be sustainable with communication and coordination among the many actors who are active in areas beyond national jurisdiction – the so-called other relevant legal instruments, frameworks, or global, regional, subregional or sectoral bodies (IFBs).
And this goes beyond the ocean sphere. Just last year, when policymakers gathered in Baku at the climate COP, several conversations highlighted the interconnections between ocean, climate and biodiversity and the importance of cooperation for a cross sectoral governance approach.
The adoption on the BBNJ treaty marks the beginning of this process of transforming ocean governance towards more coherent and holistic biodiversity governance and a healthier human-ocean relation. There will be countless opportunities and ways to implement the agreement, to create new ways of representation for actors and science-policy interactions.
Acknowledgements
We thank the University of Edinburgh, the Center for International Law, Singapore and the Government of Singapore and Mara Events for the organisation of the Symposium and the provision of funding to enable participation in the Roundtable.
References
Bender, M., & Bustamante, R. (2024). Reimagining fishing in the Anthropocene through a rights of nature lens. Journal of human rights and the environment, 15(2), 158-182. https://doi.org/10.4337/jhre.2024.02.02
Bender, M., Bustamante, R., & Leonard, K. (2022). Living in relationship with the Ocean to transform governance in the UN Ocean Decade. PLOS Biology, 20(10), e3001828. https://doi.org/10.1371/journal.pbio.3001828
Global Biodiversity Framework, (2023).
Harden-Davies, H., Humphries, F., Maloney, M., Wright, G., Gjerde, K., & Vierros, M. (2020). Rights of Nature: Perspectives for Global Ocean Stewardship. Marine policy, 122, 104059. https://doi.org/https://doi.org/10.1016/j.marpol.2020.104059
Global assessment report on biodiversity and ecosystem services of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services. , (2019).
Tessnow-von Wysocki, I., & Vadrot, A. B. M. (2022). Governing a Divided Ocean: The Transformative Power of Ecological Connectivity in the BBNJ negotiations. Politics and Governance; Vol 10, No 3 (2022): Constructing Ocean and Polar GovernanceDO – 10.17645/pag.v10i3.5428. https://www.cogitatiopress.com/politicsandgovernance/article/view/5428