The new implementation agreement on BBNJ : pushing the boundaries of international law on the high seas?

Abstract

The paper firstly attempts to highlight the importance of the marine biological diversity present in areas beyond national jurisdiction and the considerable anthropogenic pressures that are leading to a decline in said biodiversity. This aspect was the primary motivator for the United Nations General Assembly to recommend the initiation of negotiations on a new implementing agreement to the Law of the Seas Convention, a process that has now been underway for more than a decade. The legal and structural gaps of the Law of the Seas Convention may, if the current negotiations prove fruitful, finally be addressed and the necessary measures for the conservation of this rich biodiversity may be put in place, guaranteeing that future generations reap similar benefits. Yet, before implementing such an agreement and achieving this ideal, the current negotiations must address complex legal questions revolving around State jurisdiction, the current State “freedoms” as prescribed by the LOSC and how to improve upon the current framework in order to address the pressing issues that areas beyond national jurisdiction currently face. The study firstly expands upon the current governance framework in ABNJ, and then traces the current negotiation process and further expands on the elements that stand to advance and influence international law with regard to areas beyond national jurisdiction. Despite the fact that the BBNJ negotiations are still in progress a set of proposed elements to the new agreement offer substantial indication on the final form of the instrument, thus allowing for the discussions contained in this paper.