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A soft treaty, hard to reach: The second inter-governmental conference for biodiversity beyond national jurisdiction

Abstract

The United Nations is halfway through the scheduled negotiations for a new legally binding instrument to govern biodiversity beyond national jurisdiction (BBNJ). This paper discusses the results of the second intergovernmental BBNJ conference, which took place March 25 - April 5, 2019, and analyzes the trends, variables, and obstacles shaping the emerging agreement. The paper considers the discussion surrounding each of the four elements of the BBNJ agenda in turn: area based management tools including marine protected areas, environmental impact assessments, marine genetic resources and access and benefit sharing, and capacity building and technology transfer. At the second session of negotiations, progress towards consensus on the four major elements of the BBNJ package was limited and uneven. Drawing on close observations, interviews with a variety of participants, and document analysis, we conclude that the dictum that the new BBNJ agreement “should not undermine” existing elements of the ocean governance regime serves to inhibit movement towards a consensual and effective instrument.

Category

Academic article

Language

English

Author(s)

Affiliation

  • SINTEF Ocean / Climate and Environment
  • Franklin and Marshall College
  • University of Rhode Island
  • Texas A&M University at Galveston

Year

2019

Published in

Marine Policy

ISSN

0308-597X

Volume

108

View this publication at Norwegian Research Information Repository