JUSTNORTH Regulatory and Policy Database

   

Regulation: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
Short name:High Seas Treaty / BBNJ Agreement
Number:A/CONF.232/2023/4
Issuing entity:United Nations and agencies
Date:2023/06/19
Reference:https://documents-dds-ny.un.org/doc/UNDOC/LTD/N23/177/28/PDF/N2317728.pdf
Hard/soft law instrument:Hard law
Relevant justice questions:

Chosen justice question particularly relevant for the regulatory/policy framework (in the light of JUSTNORTH research, aimed at supporting future justice-focused research on Arctic governance):

General: What is the idealized vision of the future state that the framework is to achieve (e.g. as expressed in introduction to legal acts)?

Multilevel perspective: How different levels of governance interact to produce justice?

Weighting values: Does the framework promote certain values and interests at the expense of others? Whose interests are being promoted?

Procedural justice: What are the opportunities for participation in decision-making and who is envisaged as a stakeholder?

Inclusion and participation: Are all relevant stakeholders/rightsholders included in the governance/decision-making process and are there any important stakeholders who are excluded? 

Capabilities: Does the framework promote or hinder capabilities of affected/involved “stakeholders”?

Climate justice: How is the implementation of a law/policy affected by climate changes?

Intergenerational justice: What implications does the framework have for future generations?

Environmental justice and ethics: Are there any systemic practices of racism, oppression, patriarchy, colonialism and privilege that shape the distribution of environmental harms and benefits?

Rights: Which rights and rights frameworks are expressly included in the governance framework, which are missing?

Level:Global
Remarks:As of September 2023, the agreement is open for signature and will enter into force following its ratification by 60 states.
Brief description:

The Preamble as well as the operative text of the Treaty emphasize addressing biological diversity loss and degradation of ecosystems of the ocean, in particular, due to climate change impacts on marine ecosystems, such as warming and ocean deoxygenation, as well as ocean acidification, pollution, including plastic pollution, and unsustainable use. It also has the goal to advance scientific research, globally. Further, the Treaty will ensure compatibility with existing roles and responsibilities of the various stakeholders. Finally, one of the important aspects of the Treaty, particularly for developing countries, is to address existing inequalities in sharing the benefits (including access) accrued from the organisms of ABNJ and the associated digital sequence information. Such benefits could include a wide range of resources, including collection activity information, samples, information about publication, patents and commercialization. Also, the Treaty includes certain monetary benefit sharing requirements associated with commercialization from utilizing marine genetic resources of ABNJ and the associated digital sequence information.

(quoted from the University of Harvard project "Marine Genetic Resources of ABNJ" at https://bbnj-mgr.fas.harvard.edu/bbnj-treaty)


Economic and social activity:

Fisheries
General/other
Mining
Research
Traditional subsistence/local knowledge/Reindeer herding

Regulatory concern:

Environment and climate change
Governance and participation, politics and international cooperation
Land, coastal and maritime management

Case study relevance