Intergovernmental Conference Research Articles

Intergovernmental Conference and Security Policy Issues

Intergovernmental Conference and Security Policy Issues

Przyszłość Unii Europejskiej: możliwe kierunki zmian

THE FUTURE OF THE EUROPEAN UNION: POSSIBLE DIRECTIONS FOR CHANGE The crises of recent years have revealed the weakness of the European Union in many areas. This, in turn, contributed to the debate on its current state and necessary changes, inter alia, at the Conference on the Future of Europe. And although there are many arguments for the need for reforms, among other things, in order for the Union to better cope with challenges both internally and in its external environment, no Intergovernmental Conference has been convened so far. However, this does not mean that reform is impossible or unlikely, nor does it mean that there are no changes taking place in the European Union. The article will present the positions of institutions, member states and civil society regarding the necessary changes, and, above all, it will outline the directions of necessary and possible changes. The article will be descriptive, analytical, and comparative in nature.

BBNJ agreement in the purview of developing countries: A case study of Pakistan

The Biodiversity beyond National Jurisdiction (BBNJ) Agreement has gained global attention since it is anticipated to be implemented in the near future. This analysis demonstrates that almost all nations have made significant efforts to complete the BBNJ Agreement. This manuscript intends to highlight the ongoing efforts of developing nations in the BBNJ discussions by utilizing a descriptive approach and concentrating specifically on Pakistan as a case study. Furthermore, the elements brought by the Asian and African groups supporting Pakistan’s role are also discussed, since these groups are ambitious in obtaining an internationally legally binding instrument (ILBI). This study goes further into the views of developing country groups in all the Intergovernmental Conference sessions (IGCs) on BBNJ. The differences between developing and developed nations, such as the concept of the Common Heritage of Humankind principle (CHH), Marine Genetic Resources (MGRs), and omitting fish from the scope of the BBNJ Agreement, are examined in this paper. Pakistan's advantageous geographical position and extensive coastline have been emphasized, underscoring the significance of BBNJ for Pakistan and its proactive engagement in the discussions, particularly its representation of the Group of 77 developing nations at the United Nations (G-77). Although Pakistan initially was not actively engaging in the debates, it voiced its ambitious attitude when representing the G-77 in 2022, which was refreshing. This study reveals that while Pakistan has played a vital role in BBNJ discussions, it still requires updating its data and policy development to embrace the BBNJ Agreement effectively. Nevertheless, this disparity may be remedied via a diligent mindset and conscientious conduct.

The Advent of the 2023 “BBNJ” Agreement: A Preliminary Legal Analysis

On 4 March 2023, the Member States of the United Nations agreed in New York on the text of a new treaty on biodiversity in areas beyond national jurisdiction (BBNJ or ABNJ) –in international maritime areas. It took marathon process spread over more than ten years of informal discussions, four years of formal negotiations and the final session of almost 36 hours. Rena Lee, the President of the intergovernmental conference, announced to the applause of the delegates that the ship had finally “reached the shore”. This new BBNJ Agreement, now signed by more than 80 countries, is a historic step for the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction. It is also in consonance with the objectives of the global Kunming-Montreal Biodiversity Framework adopted at CBD COP15 in December 2022. This article aims to provide a preliminary analysis of the environmental (preamble, principles and approaches, area-based management tools and environmental impact assessments) and economic (marine genetic resources, capacity building and transfer of marine technologies) content of the 2023 BBNJ Agreement, which are both the result of important compromises. It also seeks to underline the numerous remaining uncertainties and potential difficulties it raises, especially in terms of implementation and articulation with existing instruments and frameworks.

The Agreement Under the U.N. Convention on the Law of the Sea on the Conservation & Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction

On June 19, 2023, the Intergovernmental Conference on an international legally binding instrument 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 Intergovernmental Conference) adopted, by consensus, 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 or Agreement). The Agreement, which is grounded in and builds on the UN Convention on the Law of the Sea (UNCLOS), specifically addresses issues relating to the conservation and sustainable use of the marine biodiversity of the high seas. The adoption of the Agreement was the culmination of nearly two decades of work under the auspices of the UN General Assembly.

Voice, capacity, awareness: Early career ocean professionals’ perspectives on the equitable implementation of the Biodiversity Beyond National Jurisdiction Agreement

Abstract The urgent need for the conservation and sustainable use of the ocean has come into focus as an international concern over the last decade, prompting negotiations for a new legally binding instrument under the UN Convention on the Law of the Sea to conserve and sustainably use marine biodiversity of areas beyond national jurisdiction: the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement. After almost 15 years of debate, the BBNJ Agreement was concluded in March 2023. This paper is an opinion piece that showcases our perspectives as two early career ocean professionals from developing countries (Brazil and Cabo Verde) who participated as observers in the Fifth Intergovernmental Conference for the development of the BBNJ Agreement, held in 2022 and 2023. We identified factors that affected the equitable participation of professionals from developing countries in the BBNJ Agreement process. We offer our reflections on the underrepresentation of some countries in negotiations, as well as in science, and the factors hindering capacity to express their own needs and concerns. We present three suggestions for creating more equitable participation of countries in such negotiations and enabling the future implementation of the BBNJ Agreement by developing countries: (1) Increase professional opportunities and develop capacity of early researchers from developing countries; (2) fair participation in implementation of BBNJ Agreement; and (3) enabling capacity in developing countries to be sustained in the long term.

Form follows function: An initial evaluation of the BBNJ Agreement’s achievements regarding the "not undermining" proviso

The adoption 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) ushers in a new era of global ocean governance. At this juncture, it is necessary to take stock of what the BBNJ Agreement has achieved with regard to the once highly contested issues. To this end this paper examines how the issue of "not undermining" has been translated into specific legal provisions. After tracing back to UNGA Resolutions to the process of the Intergovernmental Conference, a thorough analysis of the key relevant provisions of the BBNJ Agreement has been undertaken, with a particular focus on Parts II to V. Two different approaches have been observed. Parts II and IV have adopted an open-ended approach, while Parts III and IV have pursued a comprehensive approach, reflecting the "Triple F" principle that form follows function. In order to achieve the envisioned goals such as better addressing conservation and sustainable use and universal participation, this paper argues that the implementation of the BBNJ Agreement should be guided by a new "Triple F" principle where form facilitates function.

Negotiating regime complexity: Following a regime complex in the making

AbstractThis article broadens the understanding and empirical study of regime complexes by shifting the focus from the negotiation outcome to the processes of negotiating new international agreements. Although they are important to regime-complex formation and delimitation, the sites where states negotiate new agreements are rather neglected. We aim to enhance the methodological toolbox available to scholars studying global governance in two ways: (1) by demonstrating how dynamic relationships between states and international organisations (IOs) unfolding within the social space of international treaty negotiations contribute to regime-complex formation; and (2) how social network analysis (SNA) can help us to detect patterns in these relationships. Combining participant observation and collaborative event ethnography (CEE) with social network analysis, we present new empirical material illustrating how we delimited a regime complex and how IOs interact throughout the negotiation process. We applied our methodology to the case of marine-biodiversity governance and use observational data collected during three intergovernmental conferences (IGCs) (2018–19) on a new treaty for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ) for our analysis. We discuss the results in relation to our approach’s strengths and weaknesses and implications for future research on regime complexity.

Peculiarities of the negotiation process for the European Union accession

The aim of the work is a comprehensive analysis of the procedure peculiarities of the negotiation process during the accession of the candidate state to the European Union.The methodological basis of the study was the official EU treaties, in which the procedure of the negotiation process was prescribed, and the official websites of the EU institutions appeared, which contain provisions relating to negotiations.Results. According to the results of the conducted research, it was found that the Treaty on the Functioning of the European Union serves as the legal basis during the negotiations. The following negotiation procedure is specified in this Treaty: the Council of the European Union is responsible for negotiations. It initiates the beginning of the negotiation process, adopts the directives that were concluded during the negotiation process, and authorizes the signing of contracts. In addition, it was found that the official start of negotiations begins with the adaptation of domestic legislation to the EU acquis, as well as the implementation of judicial, administrative, economic, and other reforms that must be implemented in the candidate state to fulfill the Copenhagen criteria. According to the results of the study, membership negotiations with the candidate state begin after the unanimous consent of all EU member states, which is highlighted in an official document of the Council of the European Union. These negotiations take place at various intergovernmental conferences between the governments of the EU member states and the candidate state. The article also found that no one chapter of the EU acquis is considered closed until the government of each member state of the alliance is satisfied with the progress made by the candidate state, as the negotiation process is finally completed after the closure of each chapter. At the final stage, all member states of the European Union sign the treaty, where the candidate state receives a special status, and the ratification process between the parties to the treaty begins, following the constitutional norms adopted in the states.Conclusions. As a result of the study, it was found that the EU accession procedure has a clear structure, which can generally be formed into seven main stages. Each of these steps is important and must be unanimously agreed by EU member states.

Models of EU Constitutional Reform: What do we learn from the Conference on the Future of Europe?

Abstract Constitutional reform in the European Union suffers from a post-functionalist dilemma: the options that are politically viable are not democratically legitimate and the options that are democratically legitimate are not politically viable. Against the background of the recent Conference on the Future of Europe and the involvement of transnational European Citizens’ Panels, this article asks whether there is any prospect of overcoming this dilemma and organizing fundamental reform of EU institutions that is both normatively legitimate and politically viable. For this, it examines four models of EU treaty reform and the way these have figured in actual EU reform processes: Intergovernmental Conference, European Convention, informal intergovernmentalism and a Citizens Convention. The article concludes that, as long as the European Union is best characterized as a ‘demoi-cracy’ in which political deliberation takes place primarily in national public spheres, the Intergovernmental Conference remains its main and inevitable forum for constitutional reform. Hence, alternative models of EU constitutional reform should be evaluated not so much on the basis of their potential to substitute the IGC but rather on their ability to catalyse the process and to pre-commit the member state governments.

The ship has reached the shore: The final session of the ‘Biodiversity Beyond National Jurisdiction’ negotiations

The negotiations for a new legal instrument for Biodiversity Beyond National Jurisdiction (BBNJ) concluded in March 2023 with a successful, and somewhat surprising, finalization of a treaty. The BBNJ treaty is a remarkable achievement. But these outcomes – the circumstances of finalization and the content of the final agreement – are complicated to explain. They are the result of the complex interactions between different avenues of influence and constraint, a broad and multifaceted set of interested parties, and the shifting modalities and pressures that characterized the negotiations. This paper is the sixth in a series of analyses that help explain the outcomes of the BBNJ process by tracing the patterns and trends that shaped negotiations at each inter-governmental conference (IGC). We use a combination of process tracing, narrative coding, and ethnographic methods in order to construct a thick description of the negotiations that sheds light on the drivers and shapers of the process. In this analysis, we focus on the role of diplomatic practices in a pressurized environment, and the assignment of particular functions and decisions to as-yet-unconstituted BBNJ bodies, such as the Conference of Parties. The paper concludes by considering the future implementation of the BBNJ agreement, and associated research agendas.

Commentary—A High Seas Treaty on the Horizon: Progress and Prospects for the Intergovernmental Conference

Abstract After more than a decade of discussions, States at the United Nations are nearing agreement on a new international legally binding instrument for the conservation and sustainable use of biodiversity in marine areas beyond national jurisdiction. The instrument would resolve longstanding questions over the use of marine genetic resources, put in place a process for the des-ignation of marine protected areas, strengthen the framework for environ-mental impact assessment, and enhance capacity building and technology transfer. At the fifth meeting of the Intergovernmental Conference in Au-gust 2022, delegations showed significantly more flexibility and made con-siderable progress towards consensus. Many issues nonetheless remained unresolved and the meeting ultimately could not deliver the clean text needed to negotiate the final trade-offs. This short commentary reviews the progress made, identifies key outstanding issues, and highlights the next steps in the process to finalize the high seas treaty.

UN BBNJ 해양유전자원 주요 법적 쟁점 연구

The 5-1 UN BBNJ Intergovernmental Conference (‘IGC’) was adjourned against international community’s huge expectation for reaching consensus on the BBNJ agreement in 2022. However, the 5-1 IGC has been considered the IGC which substantially narrowed down the divergence between Parties. Against this backdrop, there are high hopes for adopting UN BBNJ in the coming IGC 5-2 .
 However, there are still the unsolved issues which require significant amount of discussions. Out of many issues, there are two major legal issues which the IGC 5-2 should resolve in the area of Marine Genetic Resources(‘MGR’). Since the beginning of the BBNJ agreement negotiation, the legal status of MGR has divided the delegations into two groups. One is those who are proponents for common heritage of mankind. This group believes the principle of common heritage of mankind applies to MGR. The other is those who are against this. There have been no consensus at all so far. Without any creative ideas to resolve the divergence between two, there would be a very small window to see the adoption of the UN BBNJ agreement. Even if the IGC 5-2 succeeds in the legal status of MGR, we still have the digital sequence information issue. At issue is whether digital sequence information falls under the definition of MGR. Considering the same discussions in Convention on Biological Diversity Conference of Parties(‘CBD COP’), there is very slim chance to arrive in consensus on this issue, too.
 The best scenario would be the case where all the legal issues are cleared and Parties reach consensus. However, this scenario seems very unlikely to be realized at the IGC 5-2. Considering the difficulties ahead, the IGC 5 should carefully look into the approach taken at the CBD COP 15 for successful adoption of Kunming-Montreal Global Biodiversity. The lessons learned the IGC 5-2 should take are the effective conference management and targeted consensus strategy. The CBD COP 15 managed conference effectively by forming Plenary-Working Group-Contact Group-Friends of the Chair structures. With this structure, the CBD COP could filer out the agenda and focus its time and resources on hard issues. In addition, the CBD COP15 draw consensus only where it is likely to reach. This targeted approach produced the result that the CBD COP 15 left many issues unsolved till the COP 16. However, the CBD COP 15 achieved what the CBD COP 15 had to on time.
 Applying the lessons learned at CBD COP 15, the IGC 5-2 should enhance the small group which was introduce for the first time at the IGC 5-1 for consensus between Parties who have opposing views on one issue. There has been not enough time for narrowing divergent views between Parties during the whole IGCs. What the IGC 5-2 might try next is to explicitly agree not to agree. By creating provisions which state Parties do not agree in the issues such as the legal status of MGR and the digital sequence information, Parties could clean the brackets and produce a clean text. When debates seem endless, we should move toward a new direction instead of circling around.

Shake it Off: Negotiations suspended, but hope simmering, after a lack of consensus at the fifth intergovernmental conference on biodiversity beyond national jurisdiction

The process for formulating a new treaty for ‘Biodiversity Beyond National Jurisdiction’ (BBNJ) has been long. Since informal discussions began in 2004, the international community has devoted nearly 20 years to setting the agenda, circumscribing the issue areas, and negotiating the terms of a legally binding BBNJ instrument. The fourth and fifth inter-governmental conferences (IGCs), which both occurred in 2022 after a two-year hiatus due to COVID-19, were supposed to be the last. But despite major movement, altered modalities, and three versions of the draft treaty texts circulated during IGC-5, another round of negotiations ended without consensus on a new agreement. This paper explores the relationships between the pace and content of the emerging treaty, on the one hand, and the dynamics of process, interests, power, and ideology, on the other. After an overview of the negotiation format and apparent progress, subsequent sections consider in turn the issue areas of marine genetic resources (MGRs), area-based management tools, including marine protected areas (ABMTs/MPAs), environmental impact assessments (EIAs), and capacity building and transfer of marine technology (CBTMT). Institutional arrangements and cross cutting issues are also highlighted as key areas where obstacles remain, but where there is simmering hope.

Not ‘undermining’ who? Unpacking the emerging BBNJ regime complex

The ongoing negotiations for a legally binding UNCLOS (United Nations Law of the Sea Convention) Implementing Agreement for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ) take place within the framework of a complex landscape of existing International Organizations (IOs) addressing different aspects of ocean governance relevant to the principles and provisions of the new BBNJ Agreement. Addressing the relationship to other instruments, Art. 4 of the current BBNJ draft text indicates that the instrument should not ‘undermine relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies’. This article seeks to clarify which existing ‘legal instruments and frameworks’ have such a contingent relation to the BBNJ Agreement, in which provision of the draft text they may play a role, and to formulate policy recommendations based on the observed complexity. Using ethnographic data collected during three intergovernmental conferences (IGC), we give an overview about involved IOs and their relation to the BBNJ negotiations. Acknowledging the complex interrelations and overlaps between a myriad of IOs and different provisions of the Treaty, we identify the emergence of a BBNJ regime complex. We identify a total of 52 involved IOs of which 10 are mentioned in the latest version of the draft text. We argue that IOs which policymakers perceive as relevant to BBNJ need to be considered in the implementation of the BBNJ agreement and urge negotiators to carefully define relationships with IOs to strengthen cooperation in the implementation of the BBNJ agreement.

(Un)claiming rights, resources, and ocean spaces: Marine genetic resources and area-based management tools in high seas governance negotiations

After years of informal efforts, the parties to the United Nations Convention on the Law of the Sea (UNCLOS) are negotiating an international legally binding instrument to address governance gaps that have impeded attempts to conserve biodiversity in areas beyond national jurisdiction (ABNJ). Though these discussions were initiated in response to concerns about biodiversity, states have used them to advance competing claims regarding rights of access, ownership, and control of ocean spaces and resources. This paper examines how states have discussed ocean space in negotiations regarding area-based management tools (ABMTs) and marine genetic resources (MGRs) at the first three intergovernmental conferences regarding biodiversity in ABNJ. ABMTs, which have become widespread in governing ocean space for conservation, are premised on an ontological framing that ocean space can be divided by geographical boundaries into territories for management. MGRs, on the other hand, are newly recognized governance objects that cross existing spatial boundaries: between areas of national and international jurisdiction, between the seafloor and water column, and between the ocean and the laboratory. Through their mobility, MGRs reveal how territorial forms of governance over material resources intersect with other forms of exclusion, control, and rights-based institutions, suggesting the need to develop creative management regimes that go beyond territorial approaches.

Direction, not detail: Progress towards consensus at the fourth intergovernmental conference on biodiversity beyond national jurisdiction

After a two year delay caused by the COVID-19 pandemic, the fourth intergovernmental conference (IGC-4) in the negotiations for a new UN treaty to address the conservation and sustainable management of biodiversity beyond national jurisdiction (BBNJ) took place in March 2022. This meeting differed substantially from previous IGCs in terms of process, with much of the discussions occurring in ‘informal informals,’ or off-the-record meetings open only to delegates and registered observers. Additionally, in-person participation was extremely limited and observers only had access to web broadcasts, i.e., no in-person interactions with delegates. A draft text of the treaty was circulated in advance and provided the basis for discussion and negotiation at the meeting. This paper examines IGC-4 in line with previous analyses of the first three IGCs, tracing the process and outcomes to date, aiming to understand the factors and players that are building a new BBNJ agreement. Key themes explored include marine genetic resources (MGRs), area-based management tools, including marine protected areas (ABMTs/MPAs), environmental impact assessment (EIA), and capacity building and transfer of marine technology (CB/TMT). Some progress toward consensus has been made, buoyed by intersessional discussions, but several sticking points remain with regard to definitions, content, and processes enshrined in the draft treaty, and a fifth IGC is scheduled to take place from 15 to 26 August 2022.

High seas treaty within reach

The ocean is Earth's greatest climate mitigator, but it cannot do its work without biodiversity. Yet, accelerating climate change, unsustainable fishing, and widespread plastic and other pollutants, combined with increased resource demands, are threatening life throughout our global ocean. This is particularly acute in the two-thirds of the ocean (the high seas and seabed below) located beyond national boundaries, and as such, no state can solve these problems alone. Since 2018, member states of the United Nations have been crafting an international treaty to protect high-seas biodiversity and to ensure that human pressures are kept to a level that sustains this variety. Last month, the fifth and supposedly final session of the UN Intergovernmental Conference fell short of this goal. Unfortunately, disagreements on fundamental issues meant that negotiators ran out of time. Achieving a timely treaty requires resuming the dialogue as soon as possible with more visible public and political support to surmount remaining hurdles.

Brexit and Strand Three of the 1998 Agreement: The Three Faces of East‐West

Under Strand Three of the 1998 Belfast ‘Good Friday’ Agreement, institutions were set up to promote the ‘harmonious and mutually beneficial development’ of the ‘totality of relationships’ between the peoples and governments of Ireland and the UK, including its devolved administrations and Crown Dependencies. According to the text of the 1998 Agreement this ‘east-west’ dimension was to have two elements with corresponding institutions: an intergovernmental one reflected in the British-Irish Intergovernmental Conference (BIIC) and an interjurisdictional one reflected in the British-Irish Council (BIC). These Strand Three institutions were designed to provide fora for, respectively, intergovernmental cooperation on ‘non-devolved Northern Ireland matters’ in the case of the BIIC and information exchange and cooperation ‘on matters of mutual interest within the competence of the relevant Administrations’ in the case of the BIC. Nowhere in the 1998 Agreement text is the concept of ‘east-west’ used to refer to relations between Northern Ireland and Great Britain. Yet, in the wake of Brexit, and in the midst of controversy over the implications of the Protocol on Ireland / Northern Ireland, relations between Great Britain and Northern Ireland (GB–NI) have been newly framed as ‘east-west’. The creation of this new discursive face of ‘east-west’ relations marks an important, but little discussed, impact of Brexit on the political and constitutional landscape of the UK and Ireland. Against this backdrop, this article considers the impacts of Brexit, and the Protocol, on three faces of ‘east-west’ relations—the BIIC, the BIC and, newly, GB–NI—and discusses their implications for the future of Strand 3 institutions and the ‘totality of relationships’ they represent.

The Future of Northern Ireland: the Role of the Belfast/Good Friday Agreement Institutions

AbstractSince the 2016 Brexit referendum a series of crises has gripped Northern Ireland's politics. This has had a destabilising effect across society, which has arguably been felt most acutely by political unionism. The Belfast/Good Friday Agreement (B/GFA) of 1998 created a series of institutions to deal with political conflict in Northern Ireland, manage cross‐border cooperation and normalise relations between the UK and Ireland. However, many aspects of it have been sparingly and ineffectually deployed, most notably the second and third strands dealing with north/south and east/west relations respectively. In this article, the authors argue that regular use of the institutional arrangements created by the Agreement would help to deal with the challenges currently facing Northern Ireland and help address unionist anxieties over the Protocol. Use of the North‐South Ministerial Council (NSMC), the British Irish Council (BIC) and the British‐Irish Intergovernmental Conference (BIIGC) should be prioritised. The unresolved issues arising from Brexit require a recommitment to the intergovernmental logic at the heart of the 1998 Agreement, despite the obstacles.