The new treaty will reinforce aims of the 2030 Agenda for Sustainable Development and the Kunming-Montreal Global Framework for Biodiversity. PHOTO/IMO
KEY HIGHLIGHTS OF THE TREATY
- the conservation and sustainable use of marine BBNJ;
- marine genetic resources, including questions on benefit-sharing (MGR);
- Area Based Management Tools (ABMT), including marine protected areas;
- environmental impact assessments (EIA); and
- capacity-building and the transfer of marine technology (CB&TMT).
By PATRICK MAYOYO
The landmark agreement on a new oceans treaty to protect marine biodiversity on the high seas is a welcome development and will reinforce efforts to conserve marine life, IMO Secretary-General Kitack Lim, has said.
The new legally binding international instrument on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction – known as ‘BBNJ‘ was agreed on 4 March, following conclusion of the fifth round of treaty negotiations at the United Nations headquarters in New York, United States.
“Following almost two decades of discussions and negotiations, I am pleased to see the conclusion of the new legally binding instrument on marine biodiversity in areas beyond national jurisdiction, which was finalized in New York on Saturday 4 March,” Mr Lim said.
And the CEO and Chairperson of the Global Environment Facility (GEF), Mr Carlos Manuel Rodríguez, welcomed the draft agreement reached on Saturday [March 4, 2023] under the UN Convention on the Law of the Sea on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction, known as BBNJ.
Mr Rodríguez welcomed the draft treaty and said it was a strong commitment by countries to the sustainable management of the high seas, which make up 40 percent of the surface of the planet, 64 percent of the surface of the ocean and nearly 95 percent of its volume.
“The ocean is a critical source of life, food, energy, and recreation, and we need to care for it. It is extremely heartening to see countries come together to prioritize the biodiversity and ecosystems of the high seas,” Mr Rodríguez, a former Costa Rican environment minister and avid surfer said.
He added that the Global Environment Facility was honored and committed to serve this important new convention adding that GEF was ready to continue and intensify support for biodiversity protection and ocean health on the high seas.
The CEO and Chairperson of the Global Environment Facility (GEF), Mr Carlos Manuel Rodríguez. PHOTO/GEF
“We will support national ratification and implementation of the convention once negotiations have concluded, with the agreement of the GEF Council,” Mr Rodríguez emphasized.
The IMO boss added that the landmark achievement will no doubt reinforce efforts to protect biodiversity in line with the aims of the 2030 Agenda for Sustainable Development and the Kunming-Montreal Global Framework for Biodiversity.
He noted that IMO has participated throughout the negotiations given the organisation’s mandate and expertise and will continue to participate, in the implementation of the new instrument.
“IMO looks forward to further strengthening our cooperation with Member States, the UN family and all other stakeholders,” he emphasized.
More than a decade in the making, the BBNJ agreement commits countries to safeguarding life on the high seas through a variety of means including the equitable use of marine genetic resources, area-based management tools such as marine protected areas, environmental impact assessments, and capacity building and the transfer of marine technology.
The draft text, which will be adopted at a resumed intergovernmental conference at a future date, designates the GEF trust fund as part of the financial mechanism for the new convention, alongside a designated special fund and an additional voluntary fund.
Protocol regulating sea transport
IMO has been present throughout the negotiations and has actively cooperated with the UN, in particular with Division for Ocean Affairs and the Law of the Sea (DOALOS) of the Office of Legal Affairs of the United Nations; the International Seabed Authority (ISA) and with other specialized agencies like The Food and Agriculture Organization of the United Nations (FAO), Intergovernmental Oceanographic Commission of UNESCO (IOC) IOC of UNESCO and the International Labour Organization (ILO).
IMO officials have outlined IMO’s experience in developing universal binding regulations for international shipping to ensure shipping’s sustainable use of the oceans, through more than 50 globally-binding treaties.
IMO Secretary-General Kitack Lim. PHOTO/IMO
Ships plying their trade across the world’s oceans are subject to stringent environmental, safety and security rules, which apply throughout their voyage.
IMO regulations are enforced through a well-established system of flag, coastal and port State control. Many IMO measures actively contribute to the conservation of marine biological diversity in areas beyond national jurisdiction, including the International Convention for the Prevention of Pollution by ships (MARPOL) and the International Ballast Water Management Convention – which aims to prevent the transfer of potentially invasive aquatic species – as well as the London Convention and Protocol regulating the dumping of wastes at sea.
UNCLOS and BBNJ
IMO regulations are enforced through a well-established system of flag, coastal and port State control. Many IMO measures actively contribute to the conservation of marine biological diversity in areas beyond national jurisdiction, including the International Convention for the Prevention of Pollution by ships (MARPOL) and the International Ballast Water Management Convention – which aims to prevent the transfer of potentially invasive aquatic species – as well as the London Convention and Protocol regulating the dumping of wastes at sea.
The United Nations Convention on the Law of the Sea was adopted in 1982. It lays down a comprehensive regime of law and order in the world’s oceans and seas establishing rules governing all uses of the oceans and their resources.
It embodies in one instrument traditional rules for the uses of the oceans and at the same time introduces new legal concepts and regimes and addresses new concerns. The Convention also provides the framework for further development of specific areas of the law of the sea.
The United Nations General Assembly decided, in 2015, to develop an international legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (UNGA resolution 69/292).
