Marine Biological Diversity In Areas Research Articles

Sustainable Management of Marine Protected Areas in the High Seas: From Regional Treaties to a Global New Agreement on Biodiversity in Areas beyond National Jurisdiction

The conservation and sustainable use of marine biodiversity have recently received attention, and Marine Protected Areas (MPAs) have become key management tools that are gradually being applied to the high seas. However, the sustainable management of MPAs in the high seas requires legal regimes to support them, though relevant regimes are still immature. This paper summarizes the existing regional treaties governing high seas MPAs, and the agreement on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ Agreement). After reviewing and comparing their law-making histories, it is argued that regional treaties have issues of legitimacy, democracy, and science and are not conducive to sustainable management. It is concluded that the BBNJ Agreement is better suited to the comprehensive and sustainable management of high seas MPAs and can overcome the limitations of regional treaties. As the BBNJ Agreement does not undermine existing instruments and frameworks, the management of high seas MPAs will face the co-existence of different legal regimes. In the context of “not undermining,” the Agreement should be applied preferentially, ensuring the universal participation of stakeholders in decision-making and the role of soft law for non-contracting parties.

The BBNJ preamble: More than just window dressing

This article reflects upon the preambular paragraphs of the Agreement under the 1982 United Nations Convention on the Law of the Sea (LOSC) for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement) and considers the functions and role of this introductory matter. During the Third United Nations Conference on the Law of the Sea, the delegate for Colombia, Mr Charry Samper concluded that the LOSC preamble works effectively because it includes the purposes, the principles and the philosophy of the Convention. The three P’s. This article examines the three P’s in the BBNJ context and undertakes a critical analysis of the preamble in the BBNJ Agreement to ascertain whether it encapsulates and underscores the purposes, principles and philosophy that lie behind the development of the instrument.

Genetic resources as an object of international law

The article examines whether the legal regime of genetic resources is outlined in the context of applicable rules relating to biological diversity. The purpose of the research is to confute the prospects for the formation of a universal legal regime for genetic resources, in the context of the draft UN Agreement on the Conservation and Sustainable Use of Marine Biological Diversity in Areas beyond National Jurisdiction, and the possibilities of using regional mechanisms in this domain.The methodology of the research includes the formal legal, comparative, historical, systemic and structural methods. The authors analyze and examine applicable international legal sources, including the 1992 Convention on Biological Diversity and its 2010 Nagoya Protocol. On the basis of the systemic and structural method the authors carry out the analysis of the sources of international law related to the conservation and sustainable use of genetic and other biological resources.The main results. The international community’s interest in genetic resources results from the growing need to take more informed environmental decisions. The relevant universal legal basis, created by the 1992 Convention on Biological Diversity, does not provide answers to some important questions, including the detailed legal definition of the term “genetic resources”, though the relevant definition contained in the 1992 Convention remains the only one that has been accepted by a large number of states. It is possible that states will be able to develop a more concrete legal rules relating to the genetic resources in the course of negotiating the UN Agreement on the Conservation and Sustainable Use of Marine Biological Diversity in Areas beyond National Jurisdiction. However, the development of such a universal international treaty might require a lot of effort in order to reconcile the divergent interests of states.Conclusions. Based on the analysis of applicable international law, the authors assert that the generally outlined legal basis for conservation of biodiversity, laid down by the 1992 Convention, demands further detailing in the modern context. The UN process on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction is likely to take considerable efforts of participating actors before the appropriate legal mechanisms are agreed upon. So regional legal regimes might be an appropriate way to ensure the efficient management of genetic resources taking into account peculiarities of each individual region.

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.

On the occasion of the 30th anniversary of Fisheries Oceanography

I would like to express my sincere congratulations on the 30th anniversary of the founding of Fisheries Oceanography. At that time, Professor T. R. Parsons of the University of British Columbia, Canada, and Professor Takashige Sugimoto of the Ocean Research Institute of the University of Tokyo led the preparations for the establishment of an international academic journal “Fisheries Oceanography (FOG)” with the aim of deepening the discipline of fisheries oceanography on a global scale. The Japanese Society of Fisheries Oceanography (JSFO) defines the main research areas of fisheries oceanography as (1) oceanographic conditions that define the distribution of fishery-useful species, (2) oceanographic tools for estimating the abundance of target species and the productivity of fishing grounds, (3) oceanographic conditions for predicting changes in distribution and abundance, and (4) oceanographic contributions to the enhancement and development of fishery productivity. There were growing expectations for the establishment of an international academic journal that would meet these requirements. Prior to the journal establishment, JSFO held the 30th Anniversary Symposium “Promising Fisheries Oceanography in Japan” in Japan in 1991, and in 1986, the 25th Anniversary Symposium “Fisheries and Fisheries Oceanography in the Coming Century” was held in Tokyo, inviting Dr. D. H. Cushing (UK) and Dr. R. Lasker (USA) as keynote speakers. These symposia gave the momentum to publish the journal with an association in Japan. In the end, FOG was first published by Blackwell Scientific Publications (UK) in 1992 with JSFO as the sponsoring association. Now published by John Wiley & Sons, FOG has been the international journal of the JSFO since 2001. At that time, I had just started my research career and I remember that I had been supporting Professor Sugimoto in his efforts to encourage more important and cutting-edge papers to be submitted to the journal and to develop it into a high-level international academic journal. On this occasion of the 30th anniversary of FOG, it is with great emotion that I address you as the President of JSFO. Researchers in fisheries oceanography are expected to develop research related to both fisheries and the ocean that is closely linked to the field of fishing, and FOG has the scent of fish and the scent of the ocean. FOG is a unique international academic journal, and it can be said to be an international academic journal that was inspired by Professor Michitaka Uda, the first president of the JSFO. The FOG not only strives for the exploration of fisheries oceanography as a basic science but has also made a great contribution to the development of fisheries oceanography by producing many talented human resources to educational/research institutions, government agencies, and industry. Many Japanese fisheries oceanographers have contributed to FOG, and I am very proud to be one of them. On the other hand, the current situation surrounding the oceans is changing dramatically, as exemplified by the marine litter/plastic problem, the development of marine renewable energy, and global warming. In addition to exploring the universal principles of the natural world, there is an increasing need to develop research that integrates natural science with social science, such as international maritime law and ocean policy, in order to solve the various problems facing human society. Furthermore, in addition to the exclusive economic zone (EEZ), a new marine legal order, such as the marine biological diversity of areas beyond national jurisdiction (BBNJ), is being sought, which will contribute to conservation of biological diversity, but may make free and open research even more difficult because many countries relate to the order and regulate each other too much, even for purely basic scientific inquiry. FOG is expected to continue to make a significant role to the development of fisheries oceanography, but it will also be required to conduct research that directly contributes to measures for the sustainable use of marine living resources. The Japanese Society of Fisheries Oceanography will celebrate its 60th anniversary in 2022. The JSFO is committed to contributing to the further development of Fisheries Oceanography, and we hope that FOG will continue to be a bridge that connects fisheries oceanographers around the world. At the end of this article, I would like to wish FOG continued success.

El futuro acuerdo BBNJ como una oportunidad para construir una gobernanza colaborativa para la protección del medio marino más allá de la jurisdicción nacional

This work argues that the future 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, currently under negotiation, may constitute an opportunity to start to build a collaborative governance for the protection of the marine environment of these common areas which allow overcoming the current fragmentation and jurisdictional perspective. Thus, this study, firstly, explains the normative and institutional fragmentation; secondly, it identifies the elements of the Agreement that make it possible to build a collaborative governance - on the one hand, the incorporation of the duty to cooperate with other instruments, legal frameworks and competent global, regional, subregional and sectoral bodies, and, on the other hand, a constructive interpretation of the mandate of the UNGA not to undermine those previous instruments, legal frameworks and bodies; and, thirdly, the work suggests various substantive formulas aimed at improving coherence, coordination and mutual reinforcement between the future regulation and other regional and sectoral regimes: the adoption of common environmental objectives and goals, the assumption of shared environmental principles, the approval of common principles of good governance , the creation of some shared infrastructures, the implementation or reinforcement of transversal tools and the establishment of shared control mechanisms.

Participating in Negotiation of a New Ocean Treaty Under the Law of the Sea Convention – Experiences of and Lessons From a Group of Small-Island Developing States

Negotiations are currently underway into establishing a new international agreement under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. This paper discusses some of the experiences and challenges faced by the Caribbean Community (CARICOM), a regional group of small island developing States, in the negotiation of this agreement. The group has been engaged as a bloc since the preparatory stage of the process. The process has now advanced well into an inter-governmental conference, which had an original mandate for four sessions, but will be extended for at least one more session in August 2022. CARICOM has managed to innovate, adapt and access and pool resources in order to be relevant and impactful participants throughout the ongoing negotiations and in face of the Covid-19 pandemic. Some suggestions are offered with a view to ensuring continued meaningful involvement of the group in the remainder of the negotiations, as well as in future ocean related multilateral processes.

The Impact of the BBNJ Agreement on the Legal Framework for the Governance of the Central Arctic Ocean

Abstract The negotiations on the development of 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 Agreement”) could have a major impact on the governance of the Central Arctic Ocean, depending on how the BBNJ Agreement structures its relationship with relevant regional instruments, frameworks, and bodies, and whether the agreement will recognise any special rights or interests for ‘adjacent States’ in the governance of areas beyond national jurisdiction. Given the regulatory gaps in Arctic Ocean governance, the BBNJ Agreement has a potential gap-filling role. The BBNJ process could either stimulate the development of a regional regulatory framework for the CAO or shift the regional approach prevalent in many aspects of Arctic Ocean governance to a more globally oriented approach by adding a global layer of governance.

Incorporating Traditional Ecological Knowledge into Science under the Law of the Sea via the Arctic Ocean Governance

Abstract As indicated in Goal 14 of the Sustainable Development Goals, the international community tackles marine biodiversity and ecosystem conservation. However, the information on such biodiversity and ecosystems is limited compared to terrestrial conservation. Therefore, global ocean governance needs to acquire such knowledge and situate this knowledge into the decision-making process. In more recent contexts, the scientific approach is gaining acceptance. Meanwhile, the international movement towards human rights protection has gained strength and respect for diversity has also been confirmed. In this tendency, it is natural that the international community seeks to incorporate the ecological knowledge derived from the experience of various actors, so-called Traditional Ecological Knowledge (TEK), into the global ocean governance. This tendency is quite strong in the Arctic, where scientific evidence has not accumulated, and many people live with TEK. Therefore, the framework to harmonise science with TEK in the Arctic Ocean is a worthy model for the rest of waters in the globe. For this purpose, the paper examined three agreements: the Agreement on Enhancing International Arctic Scientific Co-operation (Science Agreement), the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOFA), and 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, a universal treaty.

Negotiating an International Legal Instrument on Biodiversity Beyond National Jurisdiction: A Look Ahead

The negotiation of the future Agreement governing the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction is in its final stage. Essentially a treaty for the protection of general interests, the Agreement can generate several benefits for the governance of the oceans. However, in the first three sessions of the intergovernmental conference, deep discrepancies have emerged with respect to the core issues of the package agreed in 2011. This article identifies various formulas and strategies that have been considered in the negotiations and incorporated in the Revised draft text as possible regulatory options with the potential to bring positions closer and facilitate the agreement: avoiding explicit reference to the legal status of marine genetic resources; the incorporation of differential and contextual norms; the introduction of due diligence obligations; the incorporation of internal soft law; and the reduction of the scope of the treaty. These options may help to provide flexibility and differentiation in the regulation but, as essentially pragmatic measures, they tend to sacrifice the ambition of the final Agreement. On the other hand, if States assume their real role and responsibility in the process –that of interpreters of general interest and custodians of marine biodiversity –they would be in a better position to find novel and more ambitious solutions for bringing this crucial Agreement to fruition. This article advocates a return to basics and the placing of the marine environment at the centre of the regulations.

How can a new UN ocean treaty change the course of capacity building?

Abstract Few States are able to undertake scientific research in the half of the planet that lies in marine areas beyond national jurisdiction. Capacity building is therefore a key part of the development of a new international legally binding instrument for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, under the United Nations Convention on the Law of the Sea (BBNJ Agreement). The final negotiations for the BBNJ Agreement are scheduled for early 2022, after almost two decades of development. There is an urgent need to address remaining questions relating to capacity building to secure an effective and equitable outcome from this process and safeguard the global ocean commons. Persisting gaps in scientific capacity cast doubt on the adequacy of past and current approaches to implement long‐standing international commitments. There is a need to build equitable partnerships for long‐term outcomes. As an international legally binding instrument, the BBNJ Agreement is a critical opportunity to change the course of capacity building by strengthening the international legal framework, including funding, information‐sharing, monitoring and decision‐making. This rapidly closing window to develop international legal obligations, collaboration frameworks and funding mechanisms is relevant not only to the conservation of the global ocean commons, but also for ocean sustainability more generally as the UN Ocean Decade begins.

The international legal regime of marine genetic resources. Current status and problems

The object of research of this article is interstate relations in the field of legal regulation of the use of marine genetic resources. The author presents a detailed analysis of the concept of "marine genetic resources", draws a distinction with other similar concepts used in international legal acts. The current international legal acts in this area are considered in detail, as well as the draft of an International legally binding Document on the conservation and sustainable use of marine biological diversity in areas beyond the limits of national jurisdiction. A number of problems related to the international legal regulation of the use of marine genetic resources are identified. Comparative legal analysis, formal legal, formal logical and system methods, methods of analysis and generalization were used as the main methodology of the study. The novelty of this study lies in the fact that at the moment there is no universal international legal act that would regulate the use of marine genetic resources. It is also necessary to note a small number of scientific papers, mainly by foreign authors, devoted to this topic. At the same time, such resources have found wide application in various branches of science and production. Taking into account the above, it seems relevant to conduct additional scientific research aimed at studying the international legal regime of marine genetic resources. As a result of the presented research, the analysis of the concepts of "marine genetic resources", "genetic material", "marine biological resources", "living marine resources" was carried out. A number of problems in the international legal regulation of this sphere have been identified. So, in particular, the extension of the principle of the common heritage of mankind to marine genetic resources, if it is impossible to extend this principle to the open sea, may further generate legal conflicts. The author comes to the conclusion that it is necessary to further study the international legal regime of marine genetic resources.

Implications of existing capacity building efforts for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction: A case study of Japan

Capacity building and the transfer of marine technology (CB&TT) are key parts of negotiations at Intergovernmental Conferences on an international legally binding instrument regarding the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). Throughout the negotiations, divergent views persisted among governments. One possible reason for such a situation is the lack of comprehensive understanding of existing CB&TT efforts. In this case study, we assessed how these existing efforts could contribute to capacity building for the effective implementation of a newly proposed BBNJ agreement. A review of CB&TT projects implemented by Japanese organizations showed that there was a significant amount of efforts relevant to BBNJ (157 cases between 2010 and 2020, which cost about USD 4.3 billion in total). We also found that many of them provided platforms that could be applied to CB&TT for BBNJ. However, projects specifically tailored for BBNJ were still limited. Furthermore, there were several lessons from existing efforts that could provide useful insights for future initiatives. Given a higher priority of many countries to coastal areas and the exclusive economic zone, new capacity building should focus on not only areas beyond national jurisdiction, but also the other areas to manage the ocean as a whole. Lastly, recommendations are advanced to the UN member states on discussing how to build future initiatives of CB&TT upon existing efforts.

Encouraging proactive governance of marine biological diversity of areas beyond national jurisdiction through Strategic Environmental Assessment (SEA)

The international legal agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (the BBNJ Agreement) currently being developed by the United Nations will be the foundation for conservation and sustainable use of these marine areas for the foreseeable future. As presently formulated the draft text seems more oriented to a reactive approach, based on the use of Environmental Impact Assessment (EIA) to respond to proposals rather than proactively pursuing what needs to be done to ensure sustainability of ocean ecosystems in ABNJ. In this paper we argue that a Strategic Environmental Assessment (SEA) process could transform the way that the BBNJ agreement approaches conservation and sustainable use. By conceptualising SEA as a process designed to facilitate strategic thinking it can facilitate a proactive approach to ecosystem function conservation and enable transitions toward sustainability. We outline and describe a SEA process that could be incorporated into the BBNJ Agreement. This process would be consistent with the currently proposed structure of the Agreement and the EIA process that is currently envisaged. The proposed process comprises two interacting tracks of SEA and Marine Protected Area/Area-based Management Tool (MPA/ABMT) development. The process would also facilitate engagement of the full range of regional and global stakeholders required for effective governance of Areas Beyond National Jurisdiction (ABNJ).

Unity or Fragmentation in the Deep Blue: Choices in Institutional Design for Marine Biological Diversity in Areas Beyond National Jurisdiction

Delegations are in the final stages of negotiating the proposedAgreement 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(BBNJAgreementorAgreement). TheAgreementwill have tremendous scope. Geographically it covers all ocean areas beyond national jurisdiction, meaning approximately 60 percent of the earth’s surface. Substantively it deals with a range of complex topics necessary for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, including marine genetic resources, sharing of benefits, measures such as area-based management tools, including marine protected areas, environmental impact assessments and capacity-building and the transfer of marine technology. Existing scholarship primarily explores the substantive choices for theAgreement; little examines its proposed institutional structure. This article critically assesses the competing positions advanced during negotiations for theAgreement’sinstitutional structure – the ‘global’ and ‘regional’ positions – and reviews the middle, or ‘compromise’ position adopted by the draft text. It suggests that both global and regional actors will be necessary to conserve and sustainably use marine biological diversity of areas beyond national jurisdiction, and that some form of coordinating mechanism is required to allocate responsibility for particular tasks. Two principles are proposed for use in combination to provide a mechanism to help coordinateAgreementorgans (global) and regional or sectoral bodies, namely, the principles of subsidiarity and cooperation. These principles are found in existing international and regional structures but are advanced here in dynamic forms, allowing for temporary or quasi-permanent allocation of competences, which can change or evolve over time. This position is also grounded in the international law of treaties and furthers dynamic views of regional and global ocean governance by offering practical coordinating principles that work with the existingAgreementtext.

Tracking data and the conservation of the high seas: Opportunities and challenges

Abstract Biologging technology is rapidly advancing—scientists are obtaining data on movement and behaviour for a range of species, more accurately than ever before. With this information, it is possible to understand more about important areas and their connections across the open ocean including the high seas, beyond national jurisdictions. But an absence of a global governance framework has so far hindered a coordinated approach to conservation action on the high seas. We showcase a candidate high seas MPA in the Northeast Atlantic identified primarily from seabird tracking data and being taken forward under a regional process: the North Atlantic Current and Evlanov Seamount (NACES) MPA, under the OSPAR Commission. It provides a unique case study to learn about the intricacies of implementation when applying tracking information for conservation. From this, we identify the facilitating conditions and challenges faced from identification to designation and highlight actionable opportunities for future area‐based management of the high seas that will be made possible under a new agreement. Policy implications. The North Atlantic Current and Evlanov Seamount (NACES) MPA demonstrates the power of translating tracking data into usable geospatial knowledge to inform conservation and policy and provides an exemplar for a data‐driven approach to high seas conservation that can become a reality under the forthcoming governance framework (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 (known as the BBNJ Agreement)). This new agreement presents a unique conservation opportunity both for the application of tracking data to conservation outcomes and for the protection of migratory species.

Marine Biodiversity Negotiations During COVID-19: A New Role for Digital Diplomacy?

AbstractMeasures related to the COVID-19 pandemic have indefinitely postponed in-person formal international negotiations for a new 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). As a result, online initiatives have emerged to keep informal dialogue ongoing among both state and nonstate actors. To continue our research on the BBNJ process, we adapted our methodology and conducted a survey in May 2020 exploring the impact of COVID-19 on respondents’ BBNJ-related work and communication. This research note identifies online initiatives and communication channels set up to maintain negotiation momentum and examines the challenges and opportunities of digital diplomacy for multilateral environmental agreement making, as well as the study thereof. We discuss future avenues for global environmental politics research and conclude that digital ethnographies provide an entry point to study some of these dynamics but need to be adapted to the study of negotiation settings and the specific context of multilateral environmental diplomacy.

Biodiversity in Areas Beyond National Jurisdiction (BBNJ): the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) and the United Nations BBNJ agreement

ABSTRACT The Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) has addressed the management of biodiversity in areas beyond national jurisdiction since its establishment under the 1980 Convention on the Conservation of Antarctic Marine Living Resources (CAMLR Convention). The development of a draft 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) reinforces the significance of conservation oriented, ecosystem-based management in areas beyond national jurisdiction pioneered by CCAMLR. This paper explores the potential interplay between CCAMLR and the BBNJ Agreement, noting that while the BBNJ Agreement commits not to ‘undermine relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies’, it is likely to sharpen assessments of CCAMLR’s performance.

Promoting equity in the use of algorithms for high-seas conservation

Promoting equity in the use of algorithms for high-seas conservation

Biodiversity Beyond National Jurisdiction (BBNJ): Indonesian Perspective as an Archipelagic State

Biodiversity Beyond National Jurisdiction (BBNJ) is the proposed new international agreement on the sustainable use of marine biological diversity of areas beyond national jurisdiction. It will be an international, legally binding instrument under the United Nations Convention on the Law of the Sea (UNCLOS). The road to the development of a new international agreement has been started. The issue of BBNJ has been discussed for the past 15 years since the adoption of the United Nations General Assembly (UNGA) Resolution A/Res/59/24 on November 17, 2004. This paper addresses the issue of the development of BBNJ from the Indonesian perspective as an Archipelagic State. Analysis of available publications related to all activities’ legal standing in the Areas Beyond National Jurisdiction (ABNJ) is conducted in this paper. The article starts with definitions and the legal standing of BBNJ. This paper specifically elaborates the package deal components as the basis for drafting an international legally binding instrument (ILBI). The package deal comprises marine genetic resources and access to benefits sharing, area-based management tools, including marine protected areas, environmental impact assessment, capacity-building, and marine technology transfer. The paper will then elaborate on the policy implication of BBNJ for Indonesia, including the adverse and its benefits. Finally, the article concludes with Indonesia’s recommendations to anticipate the entry into force of the new agreement of BBNJ.