The conservation and sustainable use of biodiversity in areas beyond national jurisdiction: From Agreement to Implementation

The formal adoption of the Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ Agreement) on 19 June 2023 marked the conclusion of a long series of negotiations, through which states and other actors have sought to fill gaps in the international legal framework relating to the use of the marine environment and resources beyond national jurisdiction. This vast marine space, composed of the high seas and the International Seabed Area, covers more than 60% of the planet and is home to many unique and fragile ecosystems. However, it is widely regarded as being one of the most difficult spaces to regulate given that the diverse rights and interests of all states must be taken into account. The adoption of the BBNJ Agreement was a major breakthrough for the international community aiming to promote stronger international governance of this common space, as well as offering better protection for the marine environment and establishing mechanisms to enable equitable processes and outcomes. However, the Agreement will not achieve its objectives unless it is fully and effectively implemented by states.  This requires action by states at both national and international levels.

The purpose of this project is to map out key actions for the effective implementation of the BBNJ Agreement, with a view to producing policy-relevant insights into what practical steps must be taken to implement this important new international treaty in an effective and equitable manner. The project addresses implementation of all four pillars of the BBNJ Agreement, namely marine genetic resources (MGRs), area-based management tools (ABMTs), environmental impact assessment (EIA), and capacity-building and technology transfer (CBTT).

Equity is a key guiding principle of the 2023 Agreement, which specifically demands that the special circumstances of small island developing states and least developed countries are taken into account, as well as requiring that the rights of Indigenous Peoples or local communities, are considered, promoted, and respected, when implementing the Agreement. One of the central concerns of this project is imagining what equitable ocean governance means in the context of implementing the 2023 Agreement. The project is rooted in a holistic understanding of equity which captures four core elements.

The Four Core Elements of Equity Graph

The project has been financially supported by the Scottish Council on Global Affairs under their Insight Award Scheme.

Project leads

Professor James Harrison

Professor James Harrison is Professor of Environmental Law at the University of Edinburgh. He specialises in the legal framework for the protection and preservation of the marine environment, including the interaction of international and domestic legal rules in this context. James has written widely on this topic, including his 2017 Oxford University Press monograph on Saving the Oceans through Law: The International Legal Framework for the Protection of the Marine Environment.  He has also carried out consultancy, training and capacity-building for non-governmental organisations, governments and international organisations, including the International Tribunal for the Law of the Sea, the United Nations, the Food and Agriculture Organisation and the International Seabed Authority. 

Dr Harriet Harden-Davies

Dr Harriet Harden-Davies is the Director of the Nippon Foundation-University of Edinburgh Ocean Voices Programme. Her research interests lie at the intersection of ocean law and science, including international ocean governance and equity, marine conservation and sustainable development, capacity-building and ocean stewardship.

Harriet is committed to advancing the study and practice of capacity-building; she co-founded the Early Career Ocean Professional Programme under the UN Ocean Decade and is a member of the UNESCO-IOC Group of Experts on Capacity Development.  Science diplomacy is a key part of her research and policy engagement partnerships. She links scientists with policymakers as co-lead of the Deep Ocean Stewardship Initiative and is a member of the Editorial Board for Marine Policy. She also participated in a number of the sessions of the intergovernmental conference working towards an internationally legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.

Dr Daniela Diz

Dr Daniela Diz is Associate Professor at the Lyell Centre for Earth and Marine Science at Heriot-Watt University in Edinburgh. Dani has expertise in both marine science and international law, with a particular interest in how legal systems operationalise the ecosystem approach.  Dani participated in most sessions of the preparatory committee and the Intergovernmental Conference working towards an internationally legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. Dani also has considerable experience working as a consultant for various non-governmental organisations, governments, and international organisations, including the Secretariat of the Convention on Biological Diversity and the Food and Agriculture Organisation. She is also a member of the IUCN-Fisheries Expert Group and the IUCN-World Commission on Environmental Law (WCEL), and is the nominated expert for IUCN-WCEL in the IUCN Task Force on Reducing the Impact of Fisheries on Marine Biodiversity related to the implementation of the 2020 World Conservation Congress Resolution 107 on this topic. 

Dr Emmanuel Oke

Dr Emmanuel Oke is a Senior Lecturer in International Intellectual Property Law at the University of Edinburgh.  His research interests include international and comparative aspects of intellectual property law and his research specifically explores the interface between intellectual property and other branches of international law. He has published widely in this regard including a 2022 monograph on The Policy Space in International Intellectual Property Law published by Brill Nijhoff. Emmanuel has served as a technical consultant to both states and international organisations on issues relating to international intellectual property law and policy. Between 2021 and 2022, he served as a technical consultant to the European Union Intellectual Property Organisation (EUIPO) as part of an EU funded project on Intellectual Property Rights and Innovation in Africa (AfrIPI). In this capacity, he prepared three gap analysis reports on Nigeria’s intellectual property laws and provided technical advice to the relevant government officials in Nigeria regarding the steps required for Nigeria to accede to and ratify a number of intellectual property treaties. In 2021, he was commissioned by the South Centre (an intergovernmental organisation established by developing countries to help developing countries with their negotiations in various forums) to prepare a paper that was subsequently used as part of the training courses on intellectual property rights organised by the South Centre for judges in Africa and Asia in 2022.

Research assistants to the project

Catie Brown

Catie Brown is a postgraduate student at the University of Edinburgh pursuing an MSc in Marine Systems and Policies within the School of GeoSciences. Her research focuses on international ocean governance and marine ecosystems and policies. She is particularly interested in global commons governance, science communication, and the intersection of policy, law, and science. She previously worked in renewable energy compliance to help translate policy into action for her clients. She holds Bachelor’s degrees in journalism and global environmental politics from New York University. 

Manon Hufschmid Hirschbühl

Manon Hufschmid Hirschbühl is a postgraduate student at the University of Edinburgh studying an LLM in Innovation, Technology and the Law. Influenced by her international upbringing, as well as by exposure to international law and policy making during both her undergraduate and postgraduate degrees, Manon hopes to pursue a career in diplomacy, the law, and international cooperation. To this end, Manon will be moving to New York in May to start a budget and management internship at the Permanent Mission of Switzerland to the United Nations. During the nine-month internship, Manon will primarily support the Mission in the Fifth Committee of the UN General Assembly, assisting the budget experts in their negotiations.  

Research