“The ship has reached the shore!” With these exhausted but happy words, Rena Lee, President of the UN Negotiations on a Protection of Biodiversity in International Waters, announced that the member states had reached an agreement on March 7, 2023, after more than years. The open ocean beyond 200 nautical miles is not subject to national jurisdiction, but comprises 60% of the Earth’s surface – and 95% of the planet’s habitable volume of living things. This biodiversity was previously unprotected or inadequately protected. That is why the agreement now reached on a “Convention on Biodiversity Beyond National Jurisdiction” is hopeful, as important compromises have been worked out in all three cornerstones of the agreement.
“The agreement is hopeful because important compromises have been worked out on all three key aspects.”
Helmut Hillebrand, HIFMB director
First, there is a clear commitment to protect the biodiversity of the high seas and deep seas. The establishment of new protected areas is to be able to be decided by a ¾ majority, which avoids individual countries being able to prevent consensus decisions. Second, activities whose consequences are potentially far-reaching will be subject to an environmental impact assessment. Third, there will be benefit-sharing to ensure that the gains from the ocean as a human heritage are not monopolized by individual companies or countries that currently have technological advantages. Since only a few countries can currently conduct ocean research and exploitation, it has been an understandable desideratum of developing countries to share in the profits from such research (e.g., biotechnology or medical products). Instead of a case-by-case settlement, which would have been a considerable intrusion into the freedom of research, a lump-sum monetary compensation in the form of a fund is now to be achieved in addition to capacity building, free availability of data and transfer of technology.
To stay within the image of Rena Lee, the ship has reached the shore – but not yet the harbor. First, the text of the treaty must be adopted by consensus (ad referendum), then at least 60 UN members must ratify the treaty to bring it into force. Only then will the actual implementation begin. For this purpose, there must be conferences of the signatory states on the content of the treaty, accompanied by a scientific-technical committee and a secretariat. Overlaps with other existing agreements must be identified and resolved, while each member state must create the legal and institutional conditions for implementation.