Dispute Settlement under the BBNJ Agreement

Abstract The Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction ( BBNJ Agreement), adopted in June 2023, enhances existing law of the sea and environmental law frameworks by addressing the critical issue of biodiversity in international waters. The Agreement aims to tackle pressing challenges such as ecosystem degradation caused by climate change, pollution, and unsustainable exploitation of marine resources. However, the effectiveness of the BBNJ Agreement and its measures hinges on the establishment of a robust dispute settlement regime. This article explores the final consensus on this mechanism, drawing insights from other multilateral conventions, including the United Nations Convention on the Law of the Sea ( LOSC ) and the 1995 Fish Stocks Agreement. While the Agreement generally aligns with the LOSC framework, it introduces innovative elements such as the advisory jurisdiction of the full International Tribunal for the Law of the Sea, despite certain challenges.