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

Abstract

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.