OPINION: BBNJ and sharing the benefits from marine resources

THE BIODIVERSITY Beyond National Jurisdiction Agreement (BBNJ) that came into effect this month is a result of multilateralism. Twenty years of discussions have ultimately led to a final treaty text that was adopted by consensus. It is a highly progressive treaty, which combines the protection of marine species and their sustainable use and includes diverse stakeholders in the future design of ocean governance, including indigenous peoples and local communities, scientists, industry and environmental activists.

It is a significant step towards more regulated protection and use of marine biodiversity in areas beyond national jurisdiction. The agreement is made up of four equally important, interconnected pillars, the so-called package deal.

During negotiations, states had different priorities and it is crucial to treat all the agreed-upon themes with equal importance. These include area-based management tools and environmental impact assessments, which are intended to contribute to the protection and sustainable use of marine life, as well as the sharing of benefits from marine genetic resources and capacity building and the transfer of marine technology to support an effective implementation of the agreement globally.

The ocean and its marine life are not only to be better protected, but the benefits from marine genetic resources are to be shared. While in the past, marine research and profits from the deep sea concentrated on a few countries with the scientific, technical and financial means to conduct science and develop products, the new agreement seeks to change this. Henceforth, benefits from marine genetic resources of areas beyond national jurisdiction are meant to serve all humankind, meaning that it will also include countries that are not currently involved in research on genetic resources and product development.

Furthermore, the treaty aims to enhance scientific collaborations globally, encouraging more inclusive deep ocean science. The agreement establishes clear and transparent processes for the establishment of marine protected areas and the conduct of environmental impact assessments, addresses global inequalities between developed and developing countries in marine science and technology, and shares the benefits arising from marine genetic resources.

Indigenous people and local communities are given an important role in shaping marine biodiversity governance throughout the process. Several institutions are established to support implementation: a scientific and technical body, a financial mechanism, a clearing house mechanism as a centralised data sharing platform, and various committees on benefit-sharing, capacity building and technology transfer, and implementation and compliance.

Some important details are yet to be agreed upon, such as standards or guidelines for environmental impact assessments and the composition of the scientific and technical body. A wide range of states, international organisations, non-governmental organisations, and representatives of indigenous peoples and local communities continue to participate in the discussions.

The central focus of the BBNJ agreement is set to benefit to humanity including future generations. This could raise interesting questions; perhaps in some cases it would be more sustainable and to the greater planetary benefit if resources were not used but remained in the ocean.

The agreement mentions the intrinsic value of marine biodiversity, a major step in the direction of attributing value to nature and marine life, regardless of whether it is of direct benefit to humans. The new agreement creates a forum where states can discuss and establish new area-based tools – such as marine protected areas. Since there are already various organisations in place that regulate different sectors at the global or regional level—such as fisheries, deep-sea mining or shipping—the new agreement will play an important coordinating role.

Successful implementation of the treaty will also require stronger internal coordination between different ministries within a country, to speak with one voice in various international negotiation fora when it comes to ocean protection, fisheries or deep-sea mining. As different ocean issues are generally led by different ministries internally, the new agreement is a wake-up call for closer coordination internally to achieve a common marine policy approach that aligns with the objectives of the new agreement. 

 Dr. Ina Tessnow-von Wysocki, is an individual consultant for IOC-UNESCO and Postdoctoral Research Fellow at the Australian National Centre for Ocean Resources and Security (ANCORS), at the University of Wollongong