The Agreement on Marine Biodiversity of Areas Beyond National Jurisdiction Commentary and Analysis

About this book

The long-awaited Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) was finalised by the United Nations in 2023. This historic agreement impacts how States conduct activities in areas beyond national jurisdiction (the High Seas and Deep Seabed) while also promoting collaboration and coordination among various international organisations.

This authoritative reference work brings together a range of international experts directly involved in the negotiations of the BBNJ Agreement to provide commentary and analysis. It offers a background to the development of the BBNJ Agreement, explores the negotiations that led to the final text, provides article-by-article commentary and analyses the potential issues that States will need to navigate to ensure the Agreement is implemented successfully.

As the threat of marine biodiversity loss becomes more pressing, this book will be invaluable to scholars, lawyers, government officials, and non-governmental organisations focused on implementing and interpreting the text of this complex agreement.

Contents

PART I: Background
1. Introduction / Joanna Mossop and David Freestone
2. Governance Challenges for the High Seas / Joanna Mossop and David Freestone
3. History of the BBNJ Agreement / Nilüfer Oral

PART II: Commentary
4. Preamble and Part I: General Provisions / Vito De Lucia and Kristine Elfrida Dalaker
5. Part II: Marine Genetic Resources / Konrad Jan Marciniak, Arianna Broggiato, and Judith Gobin
6. Part III: Area-Based Management Tools including Marine Protected Areas / Nichola Clark, Kristina Gjerde and Mariamalia Rodriguez Chaves
7. Part IV: Environmental Impact Assessments / Kahlil Hassanali and Cymie R Payne
8. Part V: Capacity-Building and the Transfer of Marine Technology / Harriet Harden-Davies and Júlia Schütz Veiga
9. Part VI: Institutional Arrangements and Part VII: Financial Resources and Mechanism / Kentaro Nishimoto and Le Duy Tran
10. Parts VIII to XII: Implementation and Compliance, Dispute Settlement, and Final Provisions / Joanna Mossop and Yubing Shi

PART III: Perspectives
11. Empowering the Global South: The Role of the G-77 in Striving for an Equitable BBNJ Treaty / Qasim Aziz and Fuad Bateh
12. The Agreement and Small Island Developing States / Rose Lesley Kautoke, Clement Yow Mulalap, and Vui Gemma Nelson
13. A Scientific Perspective on the BBNJ Agreement / Alex David Rogers
14. The Agreement and International Environmental Law / Achinthi C Vithanage
15. The Agreement and Intellectual Property Law / Abbe Brown and Marcel Jaspars
16. Conclusion / David Freestone and Joanna Mossop

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Biography

Joanna Mossop is a professor at the Victoria University of Wellington School of Law and an expert in the international law of the sea. She has published widely on a range of issues, including maritime security, dispute settlement, and the continental shelf beyond 200 nautical miles. In 2019, the New Zealand government nominated her to the list of arbitrators and conciliators under the UN Convention on the Law of the Sea. She is a member of the boards of several international journals and the co-editor of the Brill monograph series Publications on Ocean Development.

David Freestone is a visiting scholar and former visiting professor at George Washington University Law School. He is Executive Secretary of the Sargasso Sea Commission established by the 2014 Hamilton Declaration on Collaboration for the Conservation of the Sargasso Sea. He is the founding editor of the International Journal of Marine and Coastal Law (now in its 40th year). From 1996 to 2008, he worked at the World Bank in Washington, D.C., first as head of the international law group, and from 2004 to 2008 as Deputy General Counsel/Senior Adviser. In 2007, he was awarded the Elizabeth Haub Gold Medal for Environmental Law.


Contributors:
- Qasim Aziz
- Fuad Bateh
- Arianna Broggiato
- Abbe Brown
- Nichola A. Clark
- Kristine Elfrida Dalaker
- Vito De Lucia
- David Freestone
- Kristina M. Gjerde
- Judith Gobin
- Harriet Harden-Davies
- Kahlil Hassanali
- Marcel Jaspars
- Rose Lesley Kautoke
- Konrad Jan Marciniak
- Joanna Mossop
- Clement Yow Mulalap
- Vui Gemma Nelson
- Kentaro Nishimoto
- Nilüfer Oral
- Cymie R. Payne
- Mariamalia Rodríguez Chaves
- Alex David Rogers
- Yubing Shi
- Júlia Schütz Veiga
- Le Duy Tran
- Achinthi C. Vithanage