Operationalizing the special circumstances of SIDS in the implementation of the BBNJ Agreement: A focus on institutional architecture (information paper)

The Agreement under the United Nations Convention on the Law of the Sea (UNCLOS) to conserve and sustainably use Biodiversity Beyond National Jurisdiction (BBNJ Agreement) of June 2023 marks a pivotal advancement in global ocean governance, with notable participation from Small Island Developing States (SIDS). As of March 2025, the Agreement has secured 20 Parties—13 of which are SIDS—and 112 signatories. The Agreement uniquely incorporates comprehensive recognition of SIDS’ special circumstances across its framework, establishing this recognition as a guiding principle and incorporating SIDS-specific provisions throughout its four main components: Marine Genetic Resources, Area-Based Management Tools, Environmental Impact Assessments, and Capacity Building and Transfer of Marine Technology. As the Preparatory Commission advances toward the first Conference of Parties in 2025, a critical challenge for AOSIS members lies in effectively operationalizing these special circumstances provisions within the Agreement’s implementation structure. This paper examines varying approaches to SIDS recognition in international instruments and proposes pragmatic strategies for embedding SIDS considerations within the terms of reference, rules of procedure, and working modalities of the Agreement’s subsidiary bodies. Recommendations include establishing dedicated SIDS representation, incorporating SIDS-specific reporting requirements, developing specialized decision-making procedures, and creating SIDS-focused working groups—all aimed at ensuring the Agreement’s implementation framework adequately addresses the unique vulnerabilities and ocean dependencies of SIDS.

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