Marine Biodiversity In Areas Research Articles

ChatBBNJ: a question–answering system for acquiring knowledge on biodiversity beyond national jurisdiction

The marine biodiversity in Areas beyond national jurisdiction (ABNJ), encompassing approximately two-thirds of the global ocean, is persistently declining. In 2023, the agreement on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) was officially adopted. Implementing the BBNJ Agreement has the potential to effectively meet global needs for preserving marine biodiversity. Nevertheless, the implementation requires dealing with thousands of legal clauses, and the parties participating in the process lack adequate means to acquire knowledge connected to BBNJ. This paper introduces ChatBBNJ, a highly efficient question-answering system that combines a novel data engineering technique with large language models (LLMs) of Natural Language Processing (NLP). The system aims to efficiently provide stakeholders with BBNJ-related knowledge, thereby facilitating and enhancing their comprehension and involvement with the subject matter. The experimental results demonstrate that the proposed ChatBBNJ exhibits superior expertise in the BBNJ domain, outperforming baseline models in terms of precision, recall, and F1-scores. The successful deployment of the suggested system is expected to greatly assist stakeholders in acquiring BBNJ knowledge and facilitating the effective implementation of the BBNJ Agreement. Therefore, this is expected to contribute to the conservation and sustainable use of marine biodiversity in ABNJ.

After the Dust Settles: Selected Considerations about the New Treaty on Marine Biodiversity in Areas beyond National Jurisdiction with Respect to ABMTs and MPAs

The recent adoption of a new agreement on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction has been welcomed as a historic achievement that will herald a new era of marine conservation and global ocean governance. This article aims to raise and discuss some questions, as the dust settles, and to analyze selected aspects of the text of the new Agreement, with particular respect to Part III of the BBNJ agreement, dedicated to area-based management tools (ABMTs), including marine protected areas (MPAs), which are arguably crucial for the operationalization of the Agreement but remain ambiguous or underarticulated, and may thus reduce its effectiveness and ambition. These questions concern the relationship with other relevant instruments, frameworks, and bodies (IFBs); relatedly, the issue of recognition of area-based measures adopted under other IFBs; and the so-called opt-out question, that is, the right to make objections to an ABMT and/or MPA adopted under the BBNJ agreement.

Reimagining the Law of the Sea: Evolution or Revolution?

This article explores the challenges for the United Nations Convention on the Law of the Sea (UNCLOS) in protecting the marine environment and biodiversity. The traditional approach to developing the law when facing new challenges is through evolution – the iterative amendment of existing instruments and guidelines. I discuss the recent Agreement for the Conservation and Sustainable Use of Marine Biodiversity in Areas beyond National Jurisdiction (BBNJ Agreement) as an example of the evolution approach. I challenge whether evolution in the law of the sea is sufficient to meet the significant challenges facing regulation of uses of the ocean, and ask whether revolution is needed, through new concepts and processes.

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.

China's Marine Protected Areas Legal Challenges and Global Engagement within and Beyond National Jurisdiction

This paper explores the legal challenges and global engagements surrounding China's Marine Protected Areas (MPAs) within its national jurisdiction and beyond, including its participation in the negotiations concerning marine biodiversity in areas beyond national jurisdiction (ABNJ). With over three decades of MPA management experience, China has established more than 250 sites, yet needs to improve its effectiveness. The study highlights obstacles such as the absence of systematic approaches, inadequate regulatory frameworks, governance inefficiencies, and conflicts between conservation and exploitation interests. Furthermore, the paper examines China's participation in international discussions on marine biodiversity, particularly its involvement in negotiations related to MPAs under 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 (the BBNJ Agreement). By addressing these issues, this study contributes to informed decision-making and effective strategies for marine conservation in China and globally.

Addressing the Ocean-Climate Nexus in the BBNJ Agreement: Strategic Environmental Assessments, Human Rights and Equity in Ocean Science

Abstract The Agreement on Marine Biodiversity of Areas beyond National Jurisdiction (BBNJ Agreement) opens a new path in international law towards addressing issues at the ocean-climate nexus, as well as considering implications for the protection of human rights and achieving equity among States in the context of ocean knowledge production and environmental management. Based on an interdisciplinary reflection, the new international obligations on strategic environmental assessments (SEAs), and new institutional arrangements, are identified as crucial avenues to addressing climate change mitigation and ensuring fair research partnerships, mutual capacity-building and technology co-development between the Global North and South. SEAs can also support integrated implementation of other parts of the BBNJ Agreement and contribute to the broader effectiveness of the general provisions of the United Nations Convention on the Law of the Sea on the protection of the marine environment, within and beyond national jurisdiction.

Negotiations to implement area-based management tools beyond national jurisdiction: the scientific community’s view

A new international legally-binding instrument, under the United Nations Convention on the Law of the Seas (UNCLOS), for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction has recently been agreed on– the BBNJ agreement. Area-based management tools (ABMTs), including marine protected areas (MPAs) have an important role in maintaining biodiversity and ecosystem services in the current context of multiple threats to the ocean and are one of central elements of new instrument. In this work, we assessed the perspective of the scientific community, throughout the period of negotiations, on the potential of the BBNJ treaty to promote the creation of new area-based management tools, including MPAs, and fulfil acknowledged gaps in ocean governance. A systematic literature review was conducted, resulting in 80 publications then analysed in detail. From these, a total of 608 key messages were retrieved and classified into: 1) Strengths (S), Weaknesses (W), Opportunities (O) or Threats (T) for a SWOT analysis and 2) one of six categories that cover crucial aspects for the successful implementation of the ABMTs in areas beyond national jurisdiction. A Sentiment Analysis (SA) to these key messages shows that the instrument has been perceived by the scientific community as an opportunity for conserving and achieving sustainable use of biodiversity. However, the scientific community also feels that agreement needs stronger provisions to ensure effective measures, which is reflected by the small number of identified strengths. An overall decrease in sentiment score over the negotiations period, i.e. a growing pessimism, was also observed, which is supported by an increase of weaknesses and threats identified in the final stages of the negotiations. Our results suggest that despite its potential to promote conservation in areas beyond national jurisdiction, the instrument should include a unified definition of MPA, address fishing activities and clarify conflicting terms in its provisions, such as the term “not undermine”. Further, we show that sentiment analysis is a useful tool to evaluate opinion trends and facilitate the integration of different and subjective perspectives into final provisions of complex social-political-environmental agreements, identifying positive and negative attitudes that can enable better solutions to address existing governance challenges in international waters.

Sustainable Management of Marine Biodiversity in Areas beyond National Jurisdiction by Establishing Protected Areas on the High Seas: A Chinese Perspective

Due to the several undiscovered and valuable gene and mineral resources, marine biodiversity is considered a strategic asset for socio-economic development. However, marine biodiversity is facing grave threats, particularly in areas beyond national jurisdiction (ABNJ), where sustainable management and effective implementation of governance is yet lacking. Here existing international legal regimes with the protection of marine biodiversity in areas beyond national jurisdiction are briefly summarized, focusing on potential factors influencing China’s policymaking on the construction of marine protected areas on the high seas. It is concluded that China should actively participate in international negotiations and seriously assess the impacts of establishing these protected areas before making its own decision in order to achieve the sustainable conservation and management of marine biodiversity in areas beyond national jurisdiction. In addition, the policy’s future research directions will be the practical challenges for China to establish and manage the marine protected areas on the high seas, especially in the selection of locations and the model of management.

China’s choice on the participation in establishing marine protected areas in areas beyond national jurisdiction

Currently, the issue of marine biodiversity in areas beyond national jurisdiction (ABNJ) has made a lot of significant progress in both international legislative process and national practices. As a State Party to UNCLOS, China has actively participated in the negotiations of the BBNJ agreement, in which the marine protected areas (MPAs) as one of the area-based management tools have been an issue of great concern. It is considered to be a feasible and direct conservation tool. In order to evaluate the possibility of China’s participation in the establishment of MPAs in the future, this paper analyzes the drivers for and limits on China’s involvement in the construction of MPAs in the context of the current Chinese situation. And it also puts forward possible countermeasures on how to deal with the challenges brought by the MPAs in ABNJ to China. It is concluded that there is a great possibility that China will eventually choose to participate in the establishment of MPAs in ABNJ as China advocates the concept of a maritime community with a shared future.

The Necessity of a Global Legal Framework for Protection of Marine Biodiversity in Areas beyond National Jurisdiction

This paper will consider whether the ‘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 agreement) could provide the basis for an integrated framework for the conservation and sustainable use of marine biological diversity in the area beyond national jurisdiction, and if in doing so, it could in turn give any impetus to the obligation of States to protect the marine environment stipulated in Article 192 of the United Nations Convention on the Law of the Sea (UNCLOS). To answer this question, Section 2 will briefly explain the gaps in two relevant international treaties for conservation and sustainable use of the marine biological diversity of areas beyond national jurisdiction (ABNJ). Section 3 will clarify the binding character of the BBNJ agreement in comparison to the existing relevant international agreements, such as the 1995 Fish Stocks Agreement and the Part xi Agreement. Section 4 will analyse provisions in area-based management tools and the environment impact assessment stipulated in the BBNJ draft text, to assess their role as an important basis for the conservation and sustainable use of marine biological diversity. Based on these analyses of the BBNJ draft text, Section 5 will then turn to consider the necessary elements that stand to play potentially significant roles as legally-binding tools for the conservation and sustainable use of the marine biological diversity of ABNJ. Three such elements are to be identified, the first being the binding effect of the due diligence obligation imposed by the BBNJ agreement, which could serve as a global tool for the conservation and sustainable use of marine biological diversity. The second element is the means to ensure effective implementation of the BBNJ agreement, wherein the institutional framework would play a decisive role. The third element is the characteristics of the due diligence obligation referred to in the first point. As a further consideration, Section 6 will also specifically examine the due diligence obligation for the protection of marine biological diversity of ABNJ.

The OSPAR NEAFC Collective Arrangement and Ocean Governance: Regional Seas Organisations as the Setters of Conservation Standards in ABNJ?

Abstract The Collective Arrangement, subscribed to by OSPAR and NEAFC and presented as a model by these organisations, suggests that regional seas organisations, such as OSPAR, are to act as standard setters for the conservation of marine biodiversity in areas beyond national jurisdiction (ABNJ). The model suggests that regional seas organisations and other organisations, such as NEAFC, the IMO and the ISA, then are to regulate human activities for which they are competent within these conservation standards. This article explores whether the Collective Arrangement might indeed function as a model for ocean governance in ABNJ and merits encouragement in a future BBNJ agreement. It concludes that the Collective Arrangement, as a model, raises both opportunities and challenges but that it might not be transplantable to other areas beyond national jurisdiction, given that the elements that characterise cooperation in the North-East Atlantic are not present in most other areas in ABNJ.

Governing a Divided Ocean: The Transformative Power of Ecological Connectivity in the BBNJ negotiations

Science plays an important role in the emergence, development, and implementation of new environmental regimes. However, there are opposing views regarding the type of knowledge that is considered policy-relevant to address global environmental problems. In intergovernmental negotiations, these tensions are visible in debates about the inclusion of scientific concepts in a negotiated text. This article analyses the case of “ecological connectivity” in the negotiations for an international legally-binding instrument (ILBI) for the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ). As a key scientific concept portraying the ocean as one, the term ecological connectivity challenges the status quo and has far-reaching implications for future ocean governance. Our study draws on ethnographic data collected during the BBNJ negotiations and analyses the actors and their different rationales for including the ecological connectivity concept in the treaty text. Our results demonstrate two things. First, state and non-state actors use the ecological connectivity concept to support their interests in the new ILBI, based on different types of rationales: ecologic, socio-economic, juridic, and epistemic. Second, our analysis demonstrates that several actors recognise the limitations of the existing legal order underpinning ocean governance in areas beyond national jurisdiction and are keen to embrace a new legal framework regarding the idea of an interconnected ocean. We conclude that while the ecological connectivity concept runs the risk of losing its meaning in an array of competing political interests, it does have the potential to achieve transformative change in global ocean governance and fundamentally alter the way humans use and protect BBNJ.

Towards an Ecosystem Approach to Management in Areas Beyond National Jurisdiction: REMPs for Deep Seabed Mining and the Proposed BBNJ Instrument

The ocean plays a key role in sustaining life on our planet and is inextricably linked to biodiversity, climate, human well-being, and health. However, the governance of the ocean is primarily pursued through sectoral-based legal and institutional frameworks that falls short in ensuring the long-term protection of the marine environment and the sustainability of marine resources. This is especially concerning in areas beyond the limits of national jurisdiction (ABNJ) where human activities continue to expand. The existence of two distinct regimes in ABNJ, namely the High Seas (applicable to the water column, which is a global common) and the Area (applicable to the international seabed and its mineral resources, which are the common heritage of mankind), that have been largely regulated separately, impede the development and implementation of integrated marine environmental governance and biodiversity conservation in ABNJ. On the one hand, the International Seabed Authority (ISA), which is mandated to administer the mineral resources of the Area, is currently discussing a set of regulations to enable future exploitation activities. On the other hand, multilateral negotiations are taking place for the development of an internationally legally binding instrument for the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (referred to as the proposed ‘BBNJ’ Instrument). Both processes offer a unique opportunity to foster an ecosystem approach to management (EAM) in ABNJ. In this article, we elaborate on options for stronger governance integration and the development of a coherent and collaborative interplay between these two processes. To this end, we explore the potential of Regional Environmental Management Plans (REMPs) established by the ISA as a case study to contribute to global biodiversity conservation, and the opportunity for the proposed BBNJ Instrument to promote overarching coherence to biodiversity conservation in ABNJ, premised on EAM. We conclude that the proposed BBNJ Instrument could have a pivotal role to streamline multilateral action for the conservation of biodiversity in ABNJ by adopting an ambitious, overarching environmental vision and strategic goals, accompanied by strong implementation and enforcement mechanisms.

The Nexus between International Law and Science

Abstract Limited legal analysis exists of how scientific expert bodies participate in multilateral treaty-making. This impedes effective collaboration between treaty-making and scientific expert bodies. This article analyses how scientific expert bodies (1) participate in multilateral treaty-making and (2) how they interface with treaty-making bodies. Based on an updated conceptual framework of the general multilateral treaty-making process, the makings of two treaties are studied: the Paris Agreement and the International Legally Binding Instrument on marine biodiversity in areas beyond national jurisdiction. In these case studies, scientific expert bodies had three integral roles: preparing evidence for treaty-making bodies, scientifically advising these bodies and directly exchanging with them. When scientific bodies directly exchanged with treaty-making bodies, they interfaced through intergovernmental body sessions or dialogical events. In conclusion, this study provides evidence of the nexus between international law and science for improved multilateral treaty-making.

Australia's interaction with Asian countries in the negotiation for an international agreement for the marine biodiversity of areas beyond national jurisdiction.

This article highlights Australia’s interaction with Asian countries in the development of an international legal instrument on marine biodiversity in areas beyond national jurisdiction (ABNJ). An intergovernmental conference with four planned sessions is currently going on under the auspices of the United Nation’s General Assembly (UNGA) for the adoption of a new legal instrument under the United Nations Convention on the Law of the Sea (UNCLOS). Although there is literature on how Australia and Asia have forged closer engagement on matters of trade, security and culture, literature is scarce on how and in what way they can engage in promoting the conservation of ABNJ. In terms of marine environmental discussion, Australia appears to date overall to have aligned itself closely to other western countries and some developed Asian countries. This article examines the potential scope for increased collaboration with Asia on reaching future legal agreement with respect to ABNJ.

Who owns marine biodiversity? Contesting the world order through the ‘common heritage of humankind’ principle

ABSTRACT The governance of marine biodiversity in areas beyond national jurisdiction (BBNJ) lacks a legal framework that would ensure the conservation and sustainable use of the oceans. In order to fill this gap, governments have been negotiating a new treaty under the United Nations Convention on the Law of the Sea. Negotiations have been afflicted by polarisation between two principles: The ‘Freedom of the High Seas’ (FOS) and the ‘Common Heritage of Humankind’ (CHP). Instead of discussing the CHP from a purely legal perspective, we examined, through an ethnographic lens, how it has become a practice of contestation: it is used as a tool and negotiation technique to challenge deeply rooted inequalities in the current world order. The CHP could make a difference if it was integrated into the text as a general principle committing all states to protect and preserve BBNJ for future generations – regardless of their imminent economic value as commercial assets.

Settlement of disputes in a BBNJ agreement: Options and analysis

The regulatory process on developing an internationally legally binding instrument for conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ) under the United Nations Convention on the Law of the Sea (UNCLOS) has come to a vital stage. However, it is difficult to reach consensus by delegations on mechanisms for settling disputes. This article summarizes the current proposals for the settlement of disputes in the BBNJ Agreement. Then it proposes four criteria for assessing mechanisms for dispute settlement and applies them to existing six types of proposals. It is arguable that Article 55 of Zero Draft should be modified to adapt to the BBNJ Agreement. While provisions on “disputes of a technical nature” and “provisional measures” could be included, the proposals on “modifying Article 55 of Zero Draft through strengthening the role of ITLOS” and “applying Article 55 of Zero Draft on voluntary basis” could be treated as a starting point for further negotiations.

Negotiation and Dispute Prevention in Global Cooperative Institutions: International Community Interests, IUU Fishing, and the Biodiversity Beyond National Jurisdiction Negotiation

Abstract In areas beyond national jurisdiction communitarian interests are vulnerable to a weak legal order, evidenced by the prevalence of IUU fishing. The negotiation of an agreement for conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ) and the still-evolving jurisprudence for erga omnes obligations present opportunities to strengthen them through global cooperative institutions by empowering states and non-state actors. BBNJ bodies designed to lead effective cooperation with other regimes should be considered strengthening, not undermining, to the legal order of the ocean, as economic interests emphasized in other instruments may be enhanced in the long-term by the BBNJ agreement’s planning, transparency, capacity building and technology transfer provisions. International courts have found that individual states have standing to represent community interests; non-state actors could also be recognized to have standing to access judicial fora when existential interests of humanity are at stake.

THE NEGOTIATIONS FOR A NEW IMPLEMENTING AGREEMENT UNDER THE UN CONVENTION ON THE LAW OF THE SEA CONCERNING MARINE BIODIVERSITY

AbstractThis article discusses the current negotiations for an Implementing Agreement under the United Nations Convention on the Law of Sea on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction. It discusses, in particular, the issue of the relationship of the new agreement with existing and future relevant regional instruments and bodies and the need for cooperation and coordination amongst them, the guiding principles of the new agreement, and the question of implementation and enforcement of the new agreement. These issues and the choices that delegations will make respectively highlight the controversy on the underpinning tenet of the agreement, ie between the ‘freedom of the high seas’ and the common heritage of mankind. The article concludes with a pessimistic prognosis that, in general, the agreement will fall short of the expectations that many States and international community have had at the early days of the negotiation.

The myth of mermaids and stewardship of the seas

ABSTRACT Mermaids have become increasingly present in popular culture. At the same time as this mermaid renaissance, states have been negotiating a new international legally binding instrument on the sustainable use and conservation of marine biodiversity in areas beyond national jurisdiction. Faced with increased pressures on ocean ecosystems—fisheries depletion, ocean acidification and plastics pollution—urgent action is required to remedy gaps in the current regime. However, although the problems with this regime are well rehearsed—it is fragmented and based a fictionalised account of ocean space that does not accurately reflect the ecological complexities of the seas and there appears to be little appetite for the root and branch changes necessary to remedy these problems. In appealing to the transnational mythology of mermaids, I seek to reinvigorate calls for a more ecologically sensitive narrative of the seas that will better protect marine biodiversity both within and beyond areas of national jurisdiction.