The BBNJ Agreement: Achievements and Prospects

Abstract After lengthy and challenging consultations and negotiations, 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’) was adopted in 2023. The BBNJ Agreement fills a critical gap in international law by establishing comprehensive legal principles, rules, and institutional arrangements specifically designed to manage biodiversity in areas beyond national jurisdiction. It introduces the ‘not undermining’ principle to ensure that it does not diminish the effectiveness or objectives of existing relevant legal instruments and frameworks and relevant global, regional, and sectoral bodies ( IFB s). The Agreement also establishes new legal systems for access to marine genetic resources and limited benefit sharing, area-based management tools including marine protected areas, state-led environmental impact assessments in high seas and international seabed areas supplemented by limited internationalization, and addresses capacity-building and marine technology transfer. However, the effective implementation of the BBNJ Agreement requires the gradual development of relevant mechanisms, addressing differences in the interpretation of principles and rules based on subsequent practices, formulating relevant guidelines or standards to support implementation, and fostering long-term, stable cooperation and coordination with IFB s.