The Advent of the 2023 “BBNJ” Agreement: A Preliminary Legal Analysis

Abstract

On 4 March 2023, the Member States of the United Nations agreed in New York on the text of a new treaty on biodiversity in areas beyond national jurisdiction (BBNJ or ABNJ) –in international maritime areas. It took marathon process spread over more than ten years of informal discussions, four years of formal negotiations and the final session of almost 36 hours. Rena Lee, the President of the intergovernmental conference, announced to the applause of the delegates that the ship had finally “reached the shore”. This new BBNJ Agreement, now signed by more than 80 countries, is a historic step for the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction. It is also in consonance with the objectives of the global Kunming-Montreal Biodiversity Framework adopted at CBD COP15 in December 2022. This article aims to provide a preliminary analysis of the environmental (preamble, principles and approaches, area-based management tools and environmental impact assessments) and economic (marine genetic resources, capacity building and transfer of marine technologies) content of the 2023 BBNJ Agreement, which are both the result of important compromises. It also seeks to underline the numerous remaining uncertainties and potential difficulties it raises, especially in terms of implementation and articulation with existing instruments and frameworks.