New reports outline legal framework for UN agreement on ocean management
Two-thirds of the ocean’s surface and 95% of its volume are marine areas beyond any one country’s national jurisdiction.
The marine life contained within these areas are invaluable, and highly vulnerable to threats from pollution and climate change, yet regulation is notoriously difficult given that the diverse rights and interests of all stakeholders must be accounted for.
To address this global challenge, in June 2023, the BBNJ (Biodiversity Beyond National Jurisdiction) Agreement was adopted at the United Nations Headquarters in New York. Once it reaches its 60 state Parties target, the landmark agreement will provide a legal framework that spans multiple countries and takes a ‘one nation’ approach to ensure an integrated and equitable ocean management system in areas beyond national jurisdiction.
This project was spearheaded to outline in detail the benefits of signing the treaty and provide clarity to the ensure individual states and decision-makers fully understand the main legislative steps and policy choices they will have to take in order to implement the treaty at national and international levels.
A team of leading experts in Environmental Law, including Dr Daniela Diz, an Associate Professor at the Lyell Centre for Earth and Marine Science, one of Heriot-Watt University’s flagship Global Research Institutes, has produced a series of policy briefs that will inform the practical implementation of the BBNJ Agreement and provide a foundation of knowledge to empower individual states to join.
Funded by the Scottish Council on Global Affairs and co-led with Edinburgh Law School at The University of Edinburgh, the reports will be considered by international negotiators and national legislators responsible for formulating the implementation of the Agreement, covering its four pillars; Environmental Impact Assessments (EIA), Marine Genetic Resources (MGRs), Area Based Management Tools (ABMTs), and Capacity-building and Technology Transfer (CBTT).
Daniela said: “Whilst the conclusion of the BBNJ Agreement of 2023 is a groundbreaking achievement for the international community and a significant step forward in managing our oceans in a fair and sustainable way, there are a number of factors that must be considered to ensure its success.”
“This project was spearheaded to outline in detail the benefits of signing the treaty and provide clarity to the ensure individual states and decision-makers fully understand the main legislative steps and policy choices they will have to take in order to implement the treaty at national and international levels.”
The project was preceded by a number of international intergovernmental conferences and workshops, bringing together leading diplomats, scientific and legal experts from across the globe to discuss the intricacies of implementing the Agreement and managing its ongoing effectiveness, during which Daniela was a key voice throughout.
One example is the High Seas Treaty Symposium, held in Edinburgh on 6-7 October 2023. Co-organised by Daniela, the symposium provided a platform for international experts to discuss the implementation of the agreement, ensuring a robust legal framework that can achieve its biodiversity conservation and sustainability objectives across the four pillars.