#UN BBNJ

[reasonsforhope]

It has been almost two decades in the making, but late on Saturday night in New York, after days of gruelling round-the-clock talks, UN member states finally agreed on a treaty to protect the high seas.

A full day after the deadline for talks had officially passed, the conference president, Rena Lee of Singapore, took to the floor of room 2 of the UN headquarters in New York and announced that the treaty had been agreed. At a later date, the delegates will meet for half a day to formally adopt the text. She made it clear the text would not be reopened.

“In Singapore, we like to go on learning journeys, and this has been the learning journey of a lifetime,” Lee said.

She thanked delegates for their dedication and commitment. “The success is also yours,” she told them.

She received cheers and a standing ovation from delegates in the room who had not left the conference hall for two days and worked through the night in order to get the deal done.

Pictured: The Intergovernmental Conference on Biodiversity Beyond National Jurisdiction congratulating its President, Ambassador Rena Lee, on the successful conclusion of the BBNJ treaty.

The historic treaty is crucial for enforcing the 30x30 pledge made by countries at the UN biodiversity conference in December, to protect a third of the sea (and land) by 2030. Without a treaty, this target would certainly fail, as until now no legal mechanism existed to set up MPAs [Marine Protected Areas] on the high seas.

Ocean ecosystems produce half the oxygen we breathe, represent 95% of the planet’s biosphere and soak up carbon dioxide, as the world’s largest carbon sink. Yet until now, fragmented and loosely enforced rules governing the high seas have rendered this area more susceptible than coastal waters to exploitation.

Veronica Frank, political adviser for Greenpeace, said that while the organisation hadn’t seen the latest text, “We are really happy. The world is so divided and to see multilateralism supported is so important.

“What’s really important is now to use this tool to develop this 30x30 target into force really quickly.” ...

Pictured: Activists from Greenpeace display a banner before the United Nations headquarters during ongoing negotiations at the UN on a treaty to protect the high seas in New York

“High seas marine protected areas can play a critical role in the impacts of climate change,” said Liz Karan, director of Pew’s ocean governance project. “Governments and civil society must now ensure the agreement is adopted and rapidly enters into force and is effectively implemented to safeguard high seas biodiversity.”

The High Ambition Coalition – which includes the EU, US, UK and China – were key players in brokering the deal, building coalitions instead of sowing division and showing willingness to compromise in the final days of talks. The Global South led the way in ensuring the treaty could be put into practice in a fair and equitable way.

Pictured: A world map that shows the full breadth and potential impact of the treat. National waters are shown in white, and international waters, or the high seas, are everything shown in blue.

Michael Imran Kanu, the head of the African Group and ambassador and deputy permanent representative to the UN for legal affairs of Sierra Leone, said the treaty was “robust and ambitious”. Kanu, who expressed concerns during talks over the fair and equitable sharing of benefits, said: “We really achieved amazing results” on this issue. Monetary and non-monetary benefits would be shared and an initial upfront fund would be set up under the treaty. He welcomed the adoption of the “common heritage of humankind” as a key principle for the high seas, which was a red line for many developing states. “That was significant for us”, he said...

In a move seen as an attempt to build trust between rich and poor countries, the European Union pledged €40m ($42m) in New York to facilitate the ratification of the treaty and its early implementation.

Monica Medina, the US assistant secretary for oceans, international environment and scientific affairs, who attended the negotiations in New York, said: “We leave here with the ability to create protected areas in the high seas and achieve the ambitious goal of conserving 30% of the ocean by 2030. And the time to start is now.”

-via The Guardian (US), 3/4/23

[favescandis]

A message from Gustaf Skarsgård to world leaders at the UN #ProtectTheOceans #IGC5 #BBNJ

from Greenpeace International on Twitter, February 28, 2023

[horsesarecreatures]

Feeling very tired this week. I was lucky enough to be able to attend as an observer the resumed 5th Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction at the UN Headquarters in NY this week and last week, minus yesterday because of the snow, with a professor who is a member of the IUCN (NGOs are allowed to attend). The proposed BBNJ Treaty primarily deals with 4 things: marine genetic resources (MGRS), area-based management tools (ABMTs) including marine protected areas (MPAs), environmental impact assessments (EIAs), and capacity building and the transfer of marine technology (CB&TT). These are things that have been largely neglected by UNCLOS, and with climate change, proposed deep seabed mining, and decreasing marine stocks globally it is essential that they be added to it. 

Attempts to do so have been ongoing for years. The first working group was established in 2004, and the first ICG meeting was in 2018. The fourth ICG meeting in 2022, which was delayed due to the pandemic, was when delegations submitted textual proposals contributing to the draft text. The fifth meeting was the closest the parties ever came to reaching a consensus, and it resumed this month. I went into it very optimistic, but then basically nothing got done the first week because no one could come to agreement about any of the remaining issues.

But then this week, a lot of people were galvanized by the time running out, and rapid progress was made. However, the member states are still really gridlocking on Marine genetic Resources - particularly, intellectual property rights and tracking collection and utilization. And right now my gut feeling is that if significant leeway on those issues is not reached by tomorrow, there will not be a final draft of the BBNJ for Friday when meeting concludes.

Since I'm just an observer, I’ve only been attending informal informals or “pre-meetings” where the member states make proposals (NGOS can’t make suggestions while there, but they can take notes and draft proposals to submit to the secretariat later). And some of the issues the members will debate for hours are so frustrating. For example, this week hours were spent discussing whether the word “indigenous” should be capitalized in the treaty, with no conclusion. Meanwhile the members of indigenous groups who attended did not care; their main priority was ensuring that they’re in the treaty managing MPAs, having their traditional knowledge included as ABMTS, and not having their access to MGRS cut off. And of course those concerns all got put to the side while capitalization was debated. Which I'm sure was the intent of the member states that kept it going. 

[zehub]

1er... Cette place revient à la république des Palaos, un archipel micronésien de 340 îles, îlots et atolls, pour avoir été le premier État à ratifier le Traité international sur la haute mer 

Cette place revient à la république des Palaos, un archipel micronésien de 340 îles, îlots et atolls, pour avoir été le premier État à ratifier le Traité international sur la haute mer (aussi appelé Traité de protection de la biodiversité marine au-delà des juridictions nationales, ou BBNJ). L’Organisation des Nations unies (ONU) a reconnu cette ratification, le 22 janvier. Les Palaos sont le premier des 84 États signataires (dont la France) à y parvenir, sachant qu’au moins 59 autres devront en faire autant pour valider l’entrée en vigueur du texte. À noter qu’un autre pays, le Chili, s’apprête à le ratifier. Le sénat chilien a adopté cette ratification à l’unanimité, le 16 janvier, mais l’État sud-américain attend encore que l’ONU la reconnaisse officiellement.

[sadclowncentral]

just found out that the UN decided to include the common heritage of mankind principle - a niche international law term which i have been researching for years and which has not been part of any treaty SINCE 1982!!!! - in the BBNJ treaty. which was published today. one month before my thesis submission. don't text

"op used to make funny posts what is all this incomprehensible shit about the future" op has to submit his thesis in a month and is having a prolonged mental breakdown while trying and failing to write down words on concepts of intergenerational equality in outer space law. don't be a dick about it

[lakeconews]

The high seas are supposed to belong to everyone – a new UN treaty aims to make it law

It may come as a surprise to fellow land-dwellers, but the ocean actually accounts for most of the habitable space on our planet. Yet a big chunk of it has been left largely unmanaged. It’s a vast global common resource, and the focus of a new treaty called the biodiversity beyond national jurisdiction (BBNJ) agreement.

[notwiselybuttoowell]

The negotiations, the fourth round since 2018, ended late on Friday without agreement and without a schedule set for further discussions. Rena Lee, the Singaporean president of the BBNJ conference, said: “I believe that with continued commitment, determination and dedication, we will be able to build bridges and close the remaining gaps.”

It now rests with the United Nations general assembly to give the green light for another round of talks. Observers hope an agreement will be reached before the end of this year, and urged political leaders to work with the UN to make it happen.

Last month, nearly 50 countries formed a “high-ambition coalition” at a French summit in Brest aimed at getting the deal done quickly.

Will McCallum, head of oceans at Greenpeace, who attended last week’s talks, said: “If the high-ambition countries are serious about bringing the treaty to a close they need to work with President Rena Lee to address the painfully slow progress made in the last two weeks.” McCallum criticised the “glacial pace” of talks and said negotiators spent “hours and hours” on non-contentious sentences.

“The majority of parties want to conclude by 2022,” he said. “But the longer it continues, the weaker it is going to get.”

Some countries, including Russia and Iceland, have called for fisheries to be excluded from the agreement.

Currently a patchwork of international bodies and treaties manage resources and human activity in areas beyond national jurisdiction – including fishing, whaling, shipping and seabed mining. However, they vary greatly in their mandates, and their jurisdictions often overlap.

Despite two decades of discussion, there is still no treaty protecting international waters, making the establishment of marine protected areas or other safeguards legally challenging.

wish I could say this is surprising

[scitechman]

Ensuring Equity in Conservation and Sustainable Use of Ocean Biodiversity

Ensuring Equity in Conservation and Sustainable Use of Ocean Biodiversity

A team led by researchers at the University of Tokyo has quantified substantial imbalances in the ongoing international negotiations on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ). These findings providea firm basis for designing measures to ensure that all countries have the capacity to contribute to the process, and that the…

[seanews11]

Steps towards new Treaty to protect Marine Biodiversity

Steps towards new Treaty to protect Marine Biodiversity

21 August 2019

Steps towards new treaty to protect marine biodiversity

​The IMO Secretariat is attending the latest in a series of conferences to develop a legally binding international instrument, under the UN Convention on the Law of the Sea (UNCLOS), on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction – known as ‘BBNJ’. The 3rd…

[denoticias]

Nueva ronda de negociaciones en Naciones Unidas para avanzar en el Convenio para la protección y uso sostenible de los océanos

Nueva ronda de negociaciones en Naciones Unidas para avanzar en el Convenio para la protección y uso sostenible de los océanos

El futuro Convenio de Naciones Unidas sobre biodiversidad más allá de las fronteras nacionales (en inglés Biodiversity Beyond National Jurisdiction, BBNJ), que se ha dado en llamar el Tratado Global de los Océanos, es un instrumento internacional jurídicamente vinculante relativo a la diversidad biológica marina de las zonas situadas fuera de la jurisdicción nacional, en el marco de la Convención…

[profoutofoffice]

BBNJ2, UN Headquarters, New York City: 23 – 28 March 2019

Start slow: then give it a go

When ordinary LEGO mini-figure Johnson is drafted in on an epic quest to influence BBNJ negotiations he is hopelessly underprepared. Everything is awesome. Everything is cool when you’re part of a team. Or even when it’s a crisp sunny Sunday morning and you decide to avoid preparing anything and head off to Little Italy for breakfast. I say. Then slowly walk back as it warms up and the day unfurls. Stopping at ‘Made by we’ in the Flatiron District, a flexible workspace (book a seat, reserve a room, pay per minute, hour or day) serving excellent coffee. Back on the street there is scaffolding everywhere, cars are hooting, gushes of yellow taxis come and go and the jam on the cake – the Morgan Library and Museum with a special Tolkein exhibit. Marvellous. J.P Morgan, known as Pierpont, was groomed for a career in international finance. He had a passion for travelling and his life philosophy was ‘no idling’ so he collected a shed load of things. The Museum is a wonderful space, housing amazing objects, made even better by live Sunday afternoon classical music. As well as a special exhibition of Tolkein’s history and his intricate drawings, my favourites were the ancient Mesopotamian seals: detailed and beautiful carving, such a ‘nude bearded hero wrestling with water buffalo’ (I say!) from 2334-2100BC. And a pair of elegantly attired Qing dynasty women on pedestals (1662-1722). Splendid.

But what about the negotiations?

Ah yes. Same old. General exchange of views. Working Groups. Side events. What’s an influencer supposed to do? Sit at the back. But I can’t help myself, no, I can’t help myself, no no, caught up in the middle of it……

https://www.youtube.com/watch?v=8MPbR6Cbwi4

Then I lost my glasses somewhere between the desk of the Leo People’s Democratic Republic and the loo. Couldn’t see nuffin, so went to lost and found in the bowels of Middle Earth. Zip. No glasses today sir. Off to the pharmacy to re-group.

Extra-mural highlight?

An evening at Café Carlyle, with my gorgeous Brazilian buddy decked out in a stunning pink number (probably new?), listening to Woody Allen and the Eddy Davis New Orleans jazz band. We felt very grown up in this ‘bastion of classic cabaret entertainment’ with its dress code of ‘chic attire’. A rarified atmosphere with a select crowd of high maintenance special occasion types. Lights down. Woody enthusiastically squeaked his clarinet alongside an accomplished trumpet, trombone, double base, drums, piano and banjo. A living legend. Then he pulled on a green jumper, packed away his instrument and checked out. Shortly afterwards Dick Turpin arrived with the bill……….    

https://www.youtube.com/watch?v=4B2a6l6wM2k

[zehub]

Traité sur la haute mer : une nouvelle étape vers l'entrée en vigueur du texte

Le 19 juin 2023 était adopté le Traité mondial sur les océans (BBNJ), dont l'objectif est d'imposer la conservation et la gestion de la biodiversité des zones ne relevant pas de la juridiction nationale. Le 20 septembre 2023, une nouvelle étape es

[environmentguru]

ENB Report BBNJ PrepCom 4 10-21 Jul 2017 New York, US IISD Reporting Services

IISD Reporting Services, through its Earth Negotiations Bulletin (ENB) Meeting Coverage, produced a summary and analysis report from the 4th Session of the Preparatory Committee Established by the UN General Assembly Resolution 69/292: Development of https://www.environmentguru.com/pages/elements/element.aspx?utm_source=dlvr.it&utm_medium=tumblr&id=5227784

[hudsonespie]

Op-Ed: Protecting 30 Percent of the Ocean is Easier Said Than Done

[By Kong Lingyu]

Although there is no official word, it is highly likely the 15th Conference of the Parties to the Convention on Biological Diversity (CBD COP15), due to be held in Kunming this October, will be pushed back to next year, as the coronavirus epidemic has forced a number of preparatory meetings to be cancelled or delayed, stalling the already slow CBD negotiations process.

The epidemic makes the future of targets for global biodiversity – including in the ocean – even more uncertain. With economies suffering, how much money will there be for marine biodiversity? But some see opportunity. Li Shuo, senior global policy advisor with Greenpeace East Asia, says recent epidemics have almost all originated in animals, and the coronavirus exposes the possible health risks that arise when the relationship between humanity and nature falls out of balance.

Calls for a “Thirty by Thirty” target – to make 30% of the global ocean marine protected areas (MPAs) by 2030 – have been increasing. The target is already in the zero draft for CBD COP15, and it is the clearest and most widely supported of the proposals to the conference.

But the slow pace of progress over the last decade, often inadequate marine protection where it does exist, and the current precarious state of negotiations over mechanisms to protect the high seas all point to the huge challenge of achieving the goal. Even if the political will to add it to the Kunming targets is there, actually fulfilling that commitment within the next ten years looks to be an impossible task.

Aichi failures

As early as 2000, scientists were calling for 30% of the ocean to be protected in order to preserve biodiversity. In 2003, the World Park Congress proposed strict protections for at least 20-30% of the ocean by 2012. Unfortunately, a lack of political will meant that parties to the CBD scaled back ambitions in 2010, calling for protection of only 10% of coastal and marine areas. That became Aichi Target 11, named for the Japanese prefecture where the 2010 talks took place.

Ten years later, when reviewing the performance of the 196 parties to the CBD, there is no denying that even the 10% target has been missed. Although the CBD doesn’t make official data on protected ocean areas available, the International Union for the Conservation of Nature calculated from national data that only 7.43% of the ocean worldwide was protected as of 12 April 2020.

The Aichi target was more concerned with the quantity of MPAs than the quality. It called for such areas to be “conserved through effectively and equitably managed, ecologically representative and well-connected systems.” But much research has shown that MPAs are only effective when extractive practices such as fishing and mining are banned.

When you look at the quality of protections, that 7.43% achievement seems even less impressive. First, this is just a simple total of nationally reported figures, and many of the MPAs are “paper parks”, existing only in government documents. Some are merely proposals, years away from implementation. Second, the vast majority of these MPAs still allow the use of various types of resources. After examining the data, the Marine Conservation Institute found that only 2.5% of the ocean could be classed as highly protected, with only light extractive activities allowed.

Kristina Gjerde, senior high seas advisor to the IUCN, told China Dialogue: “So to me the definition of MPA needs to talk about everything [being] managed for conservation, and MPAs today don’t. They are just more like marine planning exercises.” She explained that the IUCN places MPAs in one of six categories, according to the level of protection, with Category V and VI allowing the sustainable use of natural resources. “It means more sustainable use for local communities. It doesn’t mean commercial fishing. And so if you start to scrutinise how many MPAs are open to commercial fishing, and said ‘no, they should not be really qualified MPAs’, your numbers will go way down.”

Trouble on the high seas

Calls to implement the Thirty by Thirty target have gathered force among scientists, international organisations, the media and the public, and can no longer be ignored. But nor can two problems: First, given the lessons learned from the Aichi process, can we fulfil this goal? Second, how? This brings us to high seas governance.

The CBD aims to protect global biodiversity. But its signatories – sovereign states – can only create MPAs within their jurisdiction, not for the high seas. Aichi Target 11 did not specify if that 10% was to be in marine areas within national jurisdiction, or to cover the high seas. Currently, the vast majority of MPAs fall within national jurisdictions.

But only 39% of the ocean falls within national jurisdiction, with the remaining 61% being international waters. Thus, achieving the 30% protection target would require protecting almost 80% of domestic waters. This is clearly unrealistic.

In other words, the tools currently at the CBD’s disposal do not allow it to reach the Thirty by Thirty target. Either it comes up with new mechanisms, or the 196 signatories achieve that target via other international platforms or tools.

There is no widely used method for managing MPAs on the high seas. In 2004, talks started on marine biodiversity beyond areas of national jurisdiction (BBNJ), under the UN Convention on the Law of the Sea. After 16 years of talks and three formal intergovernmental negotiations in the last two years, there is hope for a binding treaty on the high seas. The MPA articles of that treaty would be an important tool for the CBD in achieving its targets.

It is as if 196 people decided to cross an ocean over the course of a decade. Their aim is set but they have no means of transport. The first order of business is to find or fashion one. How long will that take? This is the crucial issue for high seas protection today. A BBNJ treaty looks the most plausible “boat” – but the coronavirus has forced a fourth intergovernmental meeting planned for March and April to be postponed.

The outlook for the BBNJ talks is unclear, said Zheng Miaozhuang, associate researcher with the Ministry of Natural Resources’ Marine Development Strategy Institute and deputy head of its Ocean Environment Resources Research Office. “Although there is quite a bit of consensus on MPAs, there are four topics that need to be resolved at once: marine genetic resources, including questions on the sharing of benefits; environmental impact assessments; capacity building and the transfer of marine technology. Even if progress is made on MPAs, there will be no agreement if the other three topics aren’t also concluded.”

What targets do we need?

Given the inadequacy of existing MPAs and the lack of high seas governance mechanisms, is it possible to protect 30% of the ocean within ten years? And is it even a worthwhile target?

Many scientists are questioning such “numbers first” targets. Over the last decade, some countries have hastily set up MPAs to meet Aichi Target 11 – but with poor protections. According to Megan D. Barnes and others in a paper published in 2018, such targets result in a focus on establishing protected areas but give the false impression that conservation is actually taking place: “It would be inconceivable to monitor healthcare provision based on available beds (quantity) irrespective of the presence of trained medical staff (quality) or whether patients live or die (outcome).”

Although scientists have produced methods to better evaluate the effectiveness of a protected area, these rarely come up in international negotiations or make it into treaty texts. The detail and complexity of scientific research tends not to survive a policymaking process involving 196 parties. So while numeric targets may suffer from being a blunt instrument, this is also their strength. “Quantified targets are easy to report on and assess. In this sense, of all the Aichi targets, the one on the extent of MPAs is the easiest to understand and evaluate,” Li Shuo said. “Look at the first of the Aichi targets: ‘By 2020, at the latest, people are aware of the values of biodiversity and the steps they can take to conserve and use it sustainably.’ What’s the point in a target when there’s no way to measure success?”

Observers generally think numeric targets are a powerful tool. The 30% aim remains bracketed in the Kunming zero draft, meaning it requires further discussion, but it is a start. Chen Jiliang, a high seas conservation researcher with NGO Greenovation Hub, doesn’t think it’s a choice between quality or quantity – both are necessary.

The Thirty by Thirty target has strong support from the UK, the EU, Canada, Costa Rica and the Seychelles. “Nobody has been explicitly opposed to it during talks. But a lot of countries haven’t commented on the actual number, and some of them may have reservations about it,” said Li Shuo.

The weakness of the CBD is that it lacks teeth

More important is how the target will be implemented. The weakness of the CBD is that it lacks teeth. After the 10% target was announced, countries themselves decided what action to take, then submitted reports they produced themselves. It is as if students submit homework which never gets marked, but is just left on a desk to be read by anyone who might be interested. This has led to the CBD being described as toothless.

“Setting conservation targets is one thing, implementing them is another,” said Zheng Miaozhuang. He thinks that while the Thirty by Thirty target has gathered plenty of political will, “if like the Aichi Target 11 it is never achieved or creates MPAs that exist only on paper and in words, it doesn’t matter how ambitious is it.”

But multilateral processes often set lofty targets which, though never met, result in progress during implementation. Kristina Gjerde told China Dialogue that while many protected areas aren’t well managed and may not be worthy of the name, encouragement is needed for improvement: simply pointing out these aren’t really MPAs won’t help.

Chen Jiliang thinks the parties to the CBD should support an ambitious target: “Without that target, there’s no reason to mobilise the resources to achieve it.”

During talks on marine conservation targets, China has always stressed feasibility and a combination of quality and quantity. Zheng Miaozhuang said the 5th Working Report of the CBD, originally due to be published in the first half of this year, would review national implementation of Aichi Target 11. This would help set targets for marine protection under the CBD’s post-2020 framework. However, the coronavirus means it will likely be delayed.

One researcher with the Ministry of Natural Resources who participated in the talks and has requested anonymity said that China is taking a conservative stance on a numeric target. He thinks clarity will be needed on what is meant by “ocean”, as the post-2020 targets cover marine areas under national jurisdiction – and two-thirds of the ocean is international waters.

Nor is Li Shuo particularly optimistic. “The negotiation process is more than halfway over, and everyone’s still talking about designing targets, with less discussion of implementation and funding. Is that going to convince people the Kunming process has learned lessons from Aichi?”

Enric Sala, marine ecologist and National Geographic explorer-in-residence, said in an email to China Dialogue that “COVID-19 has already changed the world, and everyone can realise that our relationship with nature is broken and that we have to fix it. This is why I hope that Kunming will change history not only by agreeing to ambitious targets for nature conservation, but also by establishing mechanisms to optimise and monitor conservation outcomes. We cannot make big announcements and promises without a real commitment to follow up.”

Kong Lingyu is a freelance writer covering environment and science. She was a journalist with Caixin Media and a project manager with Guangzhou Green Data Environmental Service Center, a non-governmental organization in China.

This article appears courtesy of China Dialogue Ocean and may be found in its original form here. 

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