The Question of the Common Heritage of Mankind and the Negotiations Towards a Global Treaty on Marine Biodiversity in Areas Beyond National Jurisdiction: No End in Sight?

Abstract

The third substantive session of the intergovernmental conference (IGC-3) that is to adopt a new implementing agreement under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction was held in August 2019. While the progresses made fell well short of expectations, hopes and necessities – given the process is supposed to end at the fourth and final session, schedule for the end of March 2020 – it has also marked an undeniable shift in focus. This contribution will assess the state of play in relation to one of the central point of divergence in the negotiations, and indeed ever since the start of the process on the conservation of marine biodiversity in areas beyond national jurisdiction (BBNJ): the question of the common heritage of (hu)mankind. The article first gives some background information on the BBNJ process and its current status. Subsequently it discusses the genealogy of the “polemic” and its trajectory during the preparatory committee (PREPCOM) and the first two IGCs, before discussing specifically IGC-3. Finally, the article offers concluding remarks and views on possible ways forward.