How is the ocean managed at the global level?
Often referred to as the “constitution for the ocean,” the United Nations Convention on Law of the Sea (UNCLOS) was the product of three United Nations Conferences on the Law of the Sea, which took place between 1973 and 1982. The negotiations were a Herculean and largely successful effort. One hundred ninety-one countries from all around the world signed the UNCLOS on the first day alone. In three hundred twenty articles and annexes, the UNCLOS established rules governing all matters of the the ocean.
UNCLOS addresses issues related to exclusive economic zones, continental shelf jurisdiction, navigation, and deep seabed mining, among other topics. During the negotiations, the countries hoped the text of UNCLOS would be “future-proof.” However, notable changes in marine biodiversity (including the impacts of climate change), and changing values, interests, and objectives of various stakeholders limited the Convention’s efficacy in addressing key issues such as conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction.
See historic images and further information about the UNCLOS negotiations
https://legal.un.org/avl/ha/uncls/uncls.html
What is an implementing agreement? Are there implementing agreements under UNCLOS that are already in effect?
An implementing agreement aims to fill gaps in implementing a legal instrument. Such an agreement works within the existing legal framework and provides clarifications as well as mechanisms to better implement obligations. An implementing agreement can also create institutional arrangements (e.g., Conference of the Parties, Secretariat, etc.). The countries that sign and ratify an implementing agreement—called States Parties—are responsible for implementing the obligations at the national level once the agreement enters into force.
So far, two implementing agreements are in effect under UNCLOS. The Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 is on the governance of deep seabed mining in the seabed beyond national jurisdiction and it established the International Seabed Authority. The subsequent agreement is The United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, the so-called UN Fish Stocks Agreement. The Agreement established the concept that management of the relevant fish stocks must be based on the precautionary approach and the best available science. Further, the UN Fish Stocks Agreement clarifies the fundamental principle of UNCLOS that countries should cooperate to promote optimum utilization of fisheries resources both within and beyond the exclusive economic zone (i.e., countries' national boundaries).
The third implementing agreement that was adopted by consensus of nearly two hundred countries but yet to enter into force is the subject of this website: 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 Treaty). The overall objective of the BBNJ Treaty is to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, for the present and in the long term, through effective implementation of the relevant provisions of UNCLOS and further international cooperation and coordination.
For more information about the International Seabed Authority, visit the page here. For more information about the UN Fish Stocks Agreement, visit the page here.
What are the key elements of the BBNJ Treaty?
The BBNJ Treaty has four substantive elements. The BBNJ Treaty also includes topics that are referred to as the "cross-cutting issues" that are applicable to all the substantive elements.
Explore the four substantive elements:
- Area-based management tools, including marine protected areas
- Environmental impact assessments
- Marine genetic resources, including the fair and equitable sharing of benefits
- Capacity building and the transfer of marine technology
To explore cross-cutting issues, visit the page here.
When will the requirements of the BBNJ Treaty become effective?
The requirements will become effective once the BBNJ Treaty enters into force for the Parties.
For more information about entry into force of the BBNJ Treaty, visit the page here. For Party-specific information, visit the page here.
How will each Party to the BBNJ Treaty implement the requirements at the national level?
Each Party will take, as necessary, legislative, administrative or policy measures to implement the BBNJ Treaty at the national level. Due to this reason, there may be some variations in how each Party requires the regulated community under its jurisdiction to meet the Treaty obligations.
For more information about Party's specific requirements, visit the page here.
What was the timeline of the negotiations and adoption of the BBNJ Treaty?
After more than a decade of studies and preparations, the United Nations General Assembly decided to convene an Intergovernmental Conference (IGC) that originally was to be held during a two-year period, from 2018 through 2020 pursuant to UNGA Res. 72/249.
There were unanticipated delays due to the COVID pandemic for the UN to host the fourth session, which took place from 7- 18 March 2022. In the interim, the President of the intergovernmental conference hosted informal intersessional virtual meetings to help the delegations find common ground on various open questions. The fifth conference took place at the UNHQ from 15 - 26 August 2022, pursuant to UNGA Res. 76/564. The fifth session was suspended at the time and pursuant to UNGA Res. 77/248 resumed from 20 February to 3 March 2023. On the evening of 4 March 2023, the draft final text of the BBNJ Treaty was adopted by consensus. The IGC established an open-ended informal working group to ensure the uniformity of terminology throughout the draft final text the BBNJ Treaty in English and harmonize the versions in the six official languages of the United Nations (i.e., English, Arabic, French, Spanish, Chinese, Russian). At the further resumed fifth IGC, the BBNJ Treaty was officially adopted by consensus on 19 June 2023 at the UNHQ.