Considerations in the set up and functioning of the Scientific and Technical Body under the BBNJ Agreement—lessons from the Legal and Technical Commission of the International Seabed Authority

Scientific, technical and traditional knowledge are critical for the implementation of the new agreement for the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ Agreement). A Scientific and Technical Body (STB) is established by Article 49 of the BBNJ Agreement to provide scientific and technical advice to the Conference of the Parties (COP). Since the terms of reference and modalities for the operation of the STB shall be determined by the COP at its first meeting, it is necessary to start work now to identify the optimal set-up for the body. This paper seeks to contribute to the discussion on the possible procedural and operational modalities of the BBNJ Agreement's STB. It outlines the roles and functions assigned to the STB and identifies key advances beyond UNCLOS on equity issues such as gender, traditional knowledge, and geographic representation. Drawing on the lessons from the Legal and Technical Commission (LTC) of the International Seabed Authority (ISA), the paper offers perspectives on the options for the composition of the STB. It covers issues such as the number of members and considerations around the need for multi-disciplinary expertise, gender balance, and equitable geographical representation; terms of office; access to, participation in, and transparency of meetings; and decision-making. These lessons learned from existing practice are an integral part of the knowledge-base required by States when making decisions regarding the design and operational modalities of the STB, and more broadly, offer important insights on fit-for-purpose and equitable scientific advisory bodies in environmental governance.