Marine Biological Diversity In Areas Research Articles

Tinkering While the Arctic Marine Environment Totters: Governance and the Triple Polar Crisis$

After describing how the marine environment is tottering in the face of the triple environmental crisis, this article explores the limited governance progressions at the global and regional levels in addressing the threats of pollution, climate change and biodiversity loss in the especially vulnerable Arctic. For pollution, key limitations include slow and arduous processes to add chemicals for control under the Stockholm and Rotterdam Conventions and reliance at the regional level on a fragmented array of pollution studies and projects but without specific region-wide legally binding pollution standards. For climate change, the world is not on track to meet the Paris Agreement’s temperature targets which is especially problematic for the Arctic cryosphere while the Arctic Council has largely been limited to providing general statements of concern and aspirational calls for enhanced climate mitigation and adaptation actions. For marine biodiversity losses, a pan-Arctic network of marine protected areas has yet to be developed and various implementation challenges surround the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean including the need to ensure adequate financial, human resource and technical support. The paper concludes by highlighting some promising future governance directions. They include: the conclusion of a global treaty on plastic pollution; implementation of a new Global Framework on Chemicals –For a Planet Free of Harm from Chemicals and Waste; expected further clarifications from international tribunals on State responsibilities to address climate change; and regional implementation of the Kunming-Montreal Global Biodiversity Framework and the new agreement under the UN Convention on Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.

The role of environmental impact assessments in the establishment and management of marine protected areas under the UNCLOS and the BBNJ Agreement

AbstractThis article analyses the role of environmental impact assessments (EIAs) in establishing and managing marine protected areas (MPAs) in areas beyond national jurisdiction (ABNJ) under the United Nations Convention on the Law of the Sea (UNCLOS) and the Agreement under the UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement). The analysis is conducted by discussing Articles 194 and 205–206 of the UNCLOS and Articles 27–28 and 30 of the BBNJ Agreement. It concludes that the interaction between EIA and MPAs in ABNJ is not only desirable but also critical for the success of MPAs. The BBNJ Agreement operationalises the role of EIAs in establishing and managing MPAs under the UNCLOS by (1) granting EIA an important role in assessing the susceptibility of an MPA to the impact of certain human activities and (2) factoring part of indicative criteria for identifying potential MPAs in the list of criteria to be considered for conducting EIA screening.

The area-based management tools coordination between IMO and BBNJ agreement regimes and its implications on vessel pollution control

The International Maritime Organization (IMO), as a specialized agency of the United Nations responsible for the safety and security of international shipping and the prevention of pollution from ships, has applied two main area-based management tools (ABMTs): the “Special Areas” established under the MARPOL 73/78; and the “Particularly Sensitive Sea Areas” (PSSAs) established under the IMO resolutions. The new 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) stipulates the establishment of a comprehensive system of ABMTs to conserve and sustainably use areas beyond national jurisdiction. Strengthening coordination in the use of ABMTs established by the IMO and the BBNJ Agreement is important for vessel pollution control in the high seas. The IMO is a stakeholder for relevant proposals and consultations on proposals regarding the establishment of ABMTs in the BBNJ Agreements, and can provide information on the implementation of them. The Conference of the Parties (COPs) to the BBNJ Agreement can also make recommendations to the IMO and its parties to promote the adoption of special areas and PSSAs. This article respectively elaborates on the practices and effect of ABMTs of the IMO and explores the relevant rules of the BBNJ agreement and their enforcement. Then this article discusses the possible approaches for the ABMTs coordination between the IMO and the BBNJ agreement regimes and their implications on vessel pollution Control in the high seas. Overall, relevant rules of the BBNJ agreement shall be interpreted and applied in a manner that does not undermine relevant legal instruments of the IMO. Meanwhile, it is necessary to promote cooperation and coordination between the COPs to the BBNJ Agreement and the IMO under the idea of conserving ecosystem integrity, gradually forming a normal cooperation and information exchange mechanism.

International Legal Issues in the Conservation of Marine Genetic Resources

INTRODUCTION. Nowadays the issues concerning conservation of marine biological diversity become important for the community of States in the light of the expansion of the scale of economic activity in marine spaces and of the opportunities of using such resources. At the universal contractual level an answer was proposed to a number of questions that have arisen in this area: on March 4, 2023, the text of the Agreement (under the 1982 United Nations Convention on the Law of the Sea) with a long title: “on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction” was finalized. It is predicted that the entry into force of this Agreement in the future will create a multilateral legal basis for conservation of biological diversity on the high seas, with the orderly use of its biological resources, to protect such diversity based on the principle of cooperation between States.The purpose of the article is to analyze the legal regime of marine genetic resources conservation based on the text of this Agreement.MATERIALS AND METHODS. The subject of this study comprises international treaties, international customs, general principles of international law and other sources of international law related to conservation of marine biodiversity in general. The methodological basis of the research is represented by a wide range of research methods, namely: formal-legal, comparative-legal, historical-legal and system-structural methods. In addition, the author applied the methods of analysis and generalization.RESEARCH RESULTS. The article presents a comprehensive analysis of the international legal regime of marine genetic resources based on the provisions 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. The author considers the history of the development of the draſt Agreement, analyzes its main provisions, and pays special attention to its innovative legal mechanisms.The author proposes their assessment of the content of the draſt Agreement as a universal legal basis for the conservation of marine biological diversity, and suggests some options for strengthening international cooperation in this area.DISCUSSION AND CONCLUSIONS. As a result of the study, it can be stated that the draſt Agreement, prepared over many years of negotiations and published in March 2023, is a significant political and legal achievement of a universal level in the field of marine biodiversity conservation. At the same time, one can not fail to note the rather general nature of this document, as well as the fact that the entry into force of the Agreement may also require considerable time: objectively, the interests of developed and developing countries in this area are not always close; moreover, each State party to the Agreement accepts the obligation, among other things, that the use of marine natural resources should be linked to the obligation to protect marine environment, and this is always sensitive: a number of developed countries, as is known, under the pretext of economic concern, impose on developing States “green” products of their enterprises, which exacerbates the gap between developed and developing States.That is why the author comes to the conclusion that the international community, along with the development of a universal international treaty, could take the path of developing regional agreements to clarify such a legal regime, which would also contribute to the strengthening of the legal regime for biodiversity conservation at the universal level.

Making Sense of the Agreement on Biodiversity Beyond National Jurisdiction: The Road Ahead

The negotiations of the future regulation governing the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction successfully concluded last March 2023 and the BBNJ Agreement was formally adopted by consensus on 19 June 2023. The previous article “Biodiversity Beyond National Jurisdiction: ways forward to reach a necessary Agreement”, published in the EPL 52 (1) 2022, defended the BBNJ Agreement potential to make a very positive impact on the governance of the oceans in general and proposed some formulas to facilitate the adoption of the treaty in a scenario where States had very different expectations. The present work reviews that article, first, to update what the result of the negotiation has been with respect to the main issue areas of the regulation; secondly, to identify which negotiation formulas have certainly helped to adopt the treaty; and thirdly, to reflect on to what extent the final text of the Agreement will be ambitious and effective enough to fulfil its objectives.

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.

Area‐based management tools under the BBNJ Agreement: Ambition or illusion?

AbstractThis article intends to answer the question of whether and to what extent the arrangements for area‐based management tools (ABMTs) under the Agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement) can contribute to the comprehensiveness, coherence and consistency of the international legal regime relating to ABMTs. To answer this question, the article analyses and evaluates the key aspects of the arrangements for ABMTs of the BBNJ Agreement, including consistency with the United Nations Convention on the Law of the Sea (UNCLOS), the interpretation of ‘not undermining’, decision making and the implementation mechanism. It concludes that the arrangements for ABMTs of the BBNJ Agreement are consistent with the UNCLOS and may contribute to the comprehensiveness, coherence and consistency of the international legal regime relating to ABMTs to a large extent. The article further notes that the arrangements for ABMTs of the BBNJ Agreement are ambitious, but lots of work needs to be done to ensure the ambition does not become an illusion.

Institutionalising science and knowledge under the agreement for the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ): Stakeholder perspectives on a fit-for-purpose Scientific and Technical Body

The use of science, scientific information, and other knowledge to inform decision-making is increasingly recognised as an integral feature of environmental governance – a governance principle which is reflected in the new agreement for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement). To support the integration of science and knowledge, the BBNJ Agreement establishes a Scientific and Technical Body (STB) and confers the task of finalising the formulation and function of this new advisory body to the Conference of Parties once the agreement enters into force. Therefore, it is a critical time for careful consideration of what is needed to achieve an effective STB. However, to date, there is limited research on what a fit-for-purpose STB would involve for BBNJ or what is needed to operationalise this in practice. As such, we aim to fill this knowledge gap by providing insights garnered from semi-structured interviews with key BBNJ stakeholders. Using qualitative content analysis, we identify and examine eight characteristics that stakeholders deem as important qualities for the STB to encompass, as well as challenges and opportunities for operationalising these qualities in practice. Our findings indicate that a fit-for-purpose STB extends beyond the mere production of high-quality scientific advice - it also necessitates the inclusion and due consideration of other fundamental qualities such as inclusivity and equity, transparency, flexibility, and synergy with the existing governance framework, amongst others, as well as proactive consideration of trade-offs associated with different design choices. These findings are pertinent to the forthcoming endeavour of designing and implementing an STB under the BBNJ Agreement, and more generally, provide insights on normative qualities that stakeholders perceive as important for science-policy interfaces.

Dynamic Ocean Management in Areas Beyond National Jurisdiction

Law and space are intimately connected. In the ocean, the natural environment is divided into maritime zones. Such a division neglects the interconnected nature of the ocean and its inhabitants. Since this zonal approach relies on geographically stable boundaries, it also limits the opportunities to manage a fluid ocean. Area-based management tools, including marine protected areas (MPAs), address some of the limitations of zonal management. However, MPAs are also static from a geographical point of view. The deteriorating state of many marine species and ecosystems indicates a failure of traditional management approaches and puts a renewed emphasis on adapting legal scales to “natural scales,” such as ecosystems. In this article, we argue that there are positive trends and new tools that could be developed within the current legal order to face the challenges that nature is facing in the Anthropocene. One such tool is dynamic ocean management, which moves away from the static rationale of traditional ocean management illustrated here by MPAs, toward a management system focused on the temporal and spatial dynamism of the marine environment. In order to understand how such a management tool could be developed and used within the current legal system, we show how traditional ocean management rests on the notion of delimited and static boundaries and temporarily fixed measures. We discuss this in terms of fixity and simplification. Then we analyze dynamic ocean management and its potential to capture more of the complexity of the marine environment. This analysis is followed by an overview of MPAs and networks of MPAs in areas beyond national jurisdiction (ABNJ), where we discuss the impact of the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Treaty) in the development of dynamic ocean management. This overview provides information about both the possibilities and challenges of area-based management in ABNJ. We argue that MPA networks and large marine ecosystems (LMEs), coupled with the establishment of coordination mechanisms between existing institutional structures, are necessary first steps to secure dynamic ocean management.

The BBNJ Agreement: Through the Prism of Deep-Sea Vulnerable Marine Ecosystems

On 19 June 2023, member States of the United Nations 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). The BBNJ Agreement seeks to address one of the greatest challenges of the 21st century—managing our deep ocean environment, including its ecosystems and resources, in a way that does not lead to its long-term decline and maintains its potential to meet the needs of present and future generations. This article assesses the BBNJ Agreement through an analysis of its application to deep-sea vulnerable marine ecosystems (VMEs). As VMEs represent a key component of marine biodiversity and are particularly susceptible to anthropogenic disturbance, they provide a useful medium for undertaking a legal analysis of the provisions, rules, and procedures of the recently adopted instrument.

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.

The Common Heritage of Humankind Principle and Marine Genetic Resources: A Critical Assessment of the BBNJ Process

Abstract This article explores the negative implications of the biological diversity of areas beyond national jurisdiction (‘BBNJ’) process for the common heritage of humankind (‘CH’) principle, focusing on the discussions over its applicability to Marine Genetic Resources (‘MGRs’). This article argues that the CH under the United Nations Convention on the Law of the Sea for deep-sea mineral resources was neither necessary nor desirable for MGRs governance. An analysis of the BBNJ process demonstrates that CH’s exploitation bias is still persistent, which makes this principle politically controversial and prevents the principle from embracing sustainable development. Indeed, Article 7 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 stipulates the CH as a general principle of the new BBNJ regime. However, the BBNJ negotiations failed to articulate how the CH principle can contribute to managing the living resources, MGRs, in areas beyond national jurisdiction. This finding would cast doubt on the alleged potential of the CH principle to govern a broad range of subjects or resources other than deep-sea minerals.

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.

The Agreement on Biodiversity in Areas Beyond National Jurisdiction – Caribbean Community perspectives on interests, asks and outcomes

After a period of protracted negotiations, 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) was finally adopted. The Caribbean Community (CARICOM), whose membership is made up entirely of small island developing States (SIDS), emerged as an active regional group participating in the negotiating process. In this paper the group’s interests and aspirations in the negotiations are examined and weighed against the final outcomes of the Agreement. These insights feed into recommendations for CARICOM member States moving forward as it relates to signing, ratifying and implementing the BBNJ Agreement.

Systematic evaluation of a spatially explicit ecosystem model to inform area-based management in the deep-sea

The long-term provision of ecosystem goods and services depends on the operationalisation of ecosystem-based management approaches that ensure effective conservation and sustainable use of marine resources. This management challenge is addressed internationally through two United Nations instruments: Sustainable Development Goal (SDG) 14 - Life Below Water, and the Convention on the Law of the Sea (UNCLOS) for the Conservation and Sustainable Use of Marine Biological Diversity in Areas Beyond National Jurisdiction (BBNJ Agreement). To achieve sustainability and conservation goals as described in SDG 14 and the BBNJ Agreement, a combination of management tools, including area-based management tools (ABMTs), is necessary. Spatially explicit ecosystem models can inform policy frameworks by enabling ecosystem-wide assessments of ABMTs with indicators that track their management performance. However, the operational use of these complex models depends on the confidence and uncertainty of their predictions. Here, we present a framework to systematically evaluate the performance of a spatially explicit ecosystem model for deep-sea and open-ocean environments, using the ecosystem model for the EEZ of the Azores (NE Atlantic, Portugal) as a case study. The systematic approach aimed to determine the model's suitability as a tool to inform area-based management in the deep-sea. The framework was applied to Ecospace, the spatial-temporal module of the ecological modelling suite Ecopath with Ecosim. It consisted of a stepwise approach for model development and assessment through key parameterisation steps. The steps served for calibration of model parameter values and formal evaluation of temporal and spatial results against the best available reference data. Overall, this approach proved useful in identifying key model sensitivities and sources of uncertainty that arise when considering spatial variability in trophodynamics in the ecosystem model. Moreover, we concluded the model i) effectively predicted the observed inter-annual variability of benthic fish stocks in response to fisheries, trophic interactions, and environmental factors and ii) showed good and moderate spatial goodness-of-fit in replicating reference spatial distribution patterns of stocks and fishing activities. Despite its strengths, the spatial model has limitations related to uncertainties in model parameterisation and the spatial variability of trophodynamics. The systematic assessments presented in this study provide a framework for future model applications to predict the ecosystem-wide impacts of alternative spatial management measures in the deep-sea.

Children’s Human Right to Be Heard at the Ocean-climate Nexus

Abstract This article aims to clarify the obligations of States under the law of the sea to put children’s human rights at the heart of decision-making on the protection of the marine environment, particularly at the ocean-climate nexus. The relevance of the provisions of the United Nations Convention on the Rights of the Child and in particular, children’s human right to be heard in the context of existing provisions on deep-sea mining activities under the International Seabed Authority and the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction are discussed. Reflections on more ambitious approaches to integrating intergenerational dialogue within international ocean fora, as ways to implement intergenerational equity and protect humankind at the ocean-climate nexus, on the basis of good practices in the area of children’s human rights are offered.

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.