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Biodiversity Beyond National Jurisdiction

Biodiversity Beyond National Jurisdiction

Source: UN
GS II: Conservation, environmental pollution and degradation, environmental impact assessment


Overview

Photo by Marek Okon on Unsplash
  1. News in Brief
  2. About Biodiversity Beyond National Jurisdiction
  3. Way Forward

Why in the News?

United Nations Legal Counsel received Canada’s Minister of Fisheries, Oceans and the Canadian Coast Guard, to officiate the signature by Canada of 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).

News in Brief

  • This is the 88th signature of the BBNJ Agreement since it opened for signature on 20 September 2023, and two countries ratified it already.
  • The Legal Counsel expressed utmost confidence that the BBNJ Agreement holds the potential to make significant contributions to addressing the triple planetary crisis of climate change, biodiversity loss, and pollution.
  • Also achieving ocean-related objectives and targets of the 2030 Agenda for Sustainable Development and the Kunming-Montreal Global Biodiversity Framework.
About Biodiversity Beyond National Jurisdiction

  • Biodiversity Beyond National Jurisdiction (BBNJ) refers to the marine biodiversity found in areas beyond the jurisdiction of any single country.
  • These areas, often referred to as the high seas, comprise approximately 64% of the ocean’s surface and 95% of its volume.
  • Given their vastness and importance for global biodiversity and ecosystem functioning, the governance of BBNJ has become a pressing issue in international environmental policy.
Key Facts
  • Importance of BBNJ:
    • BBNJ areas harbour a significant portion of the world’s marine biodiversity, including unique species and ecosystems.
    • They play a crucial role in regulating the Earth’s climate, supporting fisheries, and providing ecosystem services vital for human well-being.
  • Challenges in Governance
    • Unlike national waters, which are subject to the jurisdiction of individual countries, BBNJ areas fall outside any single nation’s regulatory authority.
    • This governance gap poses challenges for the conservation and sustainable use of marine resources.
  • Current Legal Framework
  • Negotiations for a New Treaty
    • Recognizing the need for enhanced governance of BBNJ, the United Nations General Assembly initiated negotiations for a new international legally binding instrument under the UNCLOS framework. These negotiations aim to address issues such as marine biodiversity conservation, sustainable use of marine resources, capacity-building, and technology transfer.
  • Key Stakeholders
    • Stakeholders involved in BBNJ negotiations include governments, intergovernmental organizations, non-governmental organizations, scientific bodies, and industry representatives.
    • Their participation reflects the diverse interests and perspectives involved in managing BBNJ areas.
Examples
  • Overfishing and illegal, unreported, and unregulated (IUU) fishing are significant threats to biodiversity in BBNJ areas. A new treaty could establish mechanisms for cooperation and regulation to combat these practices.
  • Deep-sea mining activities in BBNJ areas raise concerns about their potential environmental impacts, including habitat destruction and disruption of fragile ecosystems. A new treaty could establish guidelines for responsible mining practices to mitigate these risks.
Way Forward

  • Negotiation and Adoption: Continued engagement in negotiations for a new treaty on BBNJ is essential to address governance challenges and ensure the effective management of marine resources.
  • Capacity-Building: Capacity-building efforts, particularly in developing countries, are necessary to enhance their participation in BBNJ governance and implementation of conservation measures.
  • Scientific Research: Investing in scientific research to improve understanding of BBNJ ecosystems and their vulnerability to human activities is critical for informed decision-making.
  • Stakeholder Engagement: Meaningful engagement of all stakeholders, including governments, civil society, industry, and indigenous communities, is essential to develop inclusive and effective governance mechanisms for BBNJ.

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