The Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction: A Critical Assessment

The Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction is a complex treaty aiming to fill the gaps left by the UNCLOS in regulating marine biodiversity in areas beyond national jurisdiction. In view of the multifaceted nature the Agreement, this contribution proposes an early stage critical analysis of certain choices made by the Intergovernmental Conference. An assessment of cross-sectional and general issues and of some specific provisions contained in Part III calls for a reflection on whether, and in which manner, the BBNJ Agreement can be considered an environmental treaty, or a treaty possessing a hybrid nature and employing an innovative approach compared to the UNCLOS.