The Potential of the “Obligation to Promote” in the BBNJ Agreement to Contribute to a Holistic Governance of Areas Beyond National Jurisdiction

The BBNJ Agreement seeks to establish a holistic legal framework for marine biodiversity conservation, integrating the various existing international frameworks and bodies (IFBs). A central challenge for the framework is to promote coherence while not undermining IFBs. This article examines the “obligation to promote” in Articles 8(2), 25(4), and 29(1) of the Agreement as an important mechanism for addressing this challenge. The analysis proceeds in three parts. First, it situates the obligation within the broader context of the Agreement, highlighting its role as a counterweight to the deference shown to IFBs. Second, drawing on recent jurisprudence from the International Court of Justice (ICJ) and International Tribunal for the Law of the Sea (ITLOS), it explores whether the obligation could be read as requiring proactive proposals and support for them within IFBs. Finally, the article evaluates the potential of the BBNJ institutions, including the Conference of the Parties (COP), the Implementation and Compliance Committee, and the compulsory dispute settlement procedure, to facilitate the effective implementation of the obligations.