Agreement on the high seas

The Agreement under UNCLOS on the Conservation and Sustainable Use of Marine Biodiversity in Areas Beyond National Jurisdiction (BBNJ) is the third agreement implementing UNCLOS, further consolidating UNCLOS, contributing to strengthening multilateralism, and marking a new milestone in the development of international law.

The Intergovernmental Conference adopted the Agreement under UNCLOS on the Conservation and Sustainable Use of Marine Biodiversity in Areas Beyond National Jurisdiction (BBNJ Agreement) on September 16, 2023. (Source: Vietnam Mission to the UN)

Historical milestone

As an area beyond 200 nautical miles, not under the jurisdiction of any country, international waters account for 2/3 of the world's sea and ocean area and cover nearly 50% of the Earth's surface. This place concentrates rich and diverse natural resources, including living and non-living things, bringing great benefits to humans.

International waters play an important role not only in traffic and transportation but also in national, regional and global economic development, contributing to the sustainable development of coastal communities.

In an interview with The World and Vietnam Newspaper, Australian Ambassador to Vietnam Andrew Goledzinowski commented: "The adoption of the Agreement on the Conservation and Sustainable Use of Biodiversity in Areas Beyond National Jurisdiction (BBNJ) last year demonstrated that the international community has the ability to complement rather than undermine UNCLOS. That is an important difference."

However, this is also an area that has largely not been fully explored by humans. Only a few countries and organizations that master science and technology have the capacity to explore and explore these remote and deep seas.

The 1982 United Nations Convention on the Law of the Sea (UNCLOS), a document considered the Constitution of the seas and oceans, has set out regulations on freedom of navigation, freedom of fishing and freedom of scientific research at sea in areas outside the exclusive economic zone... However, UNCLOS does not have any provisions specifically addressing access, use and sharing of benefits from marine biodiversity resources outside areas under national jurisdiction, nor does it have a mechanism to coordinate and control activities at sea to protect genetic resources from decline and depletion.

Recognizing the importance and urgency of conserving and sustainably using marine biodiversity in areas beyond national jurisdiction, the international community strives for collective action, especially in the context of increasing risks of marine environmental degradation and the serious impacts of climate change on the seas and oceans.

Negotiations for a legally binding instrument on marine biodiversity in areas beyond national jurisdiction have been ongoing for nearly 20 years.

On March 4, 2023, in New York (USA), the UN Intergovernmental Conference completed the negotiation process on an international legal document on marine biodiversity in waters beyond national jurisdiction.

Then, on June 19, 2023, the Intergovernmental Conference unanimously adopted the Agreement under UNCLOS on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ Agreement).

On August 1, 2023, the UN General Assembly held a plenary session to adopt a Resolution on the BBNJ Agreement with the support of 150/193 member states. From September 20, 2023, the Agreement will be open for signature within two years and will enter into force 120 days after at least 60 member states have submitted their ratifications, approvals, acceptances or accessions.

Vietnam's interdisciplinary delegation attended the Intergovernmental Conference through BBNJ. (Source: Vietnam Mission to the UN)

Strengthening the vitality of multilateralism

The BBNJ Agreement is the third agreement implementing UNCLOS (after the Agreement on Migratory Fish Stocks and the Agreement to Implement Part XI of UNCLOS), further strengthening UNCLOS - the comprehensive legal framework for all activities at sea.

In addition, the BBNJ Agreement also contributes to strengthening multilateralism, is a new milestone in the development of international law and contributes to the implementation of the UN Decade on Marine Science for Sustainable Development and the implementation of the 14th Development Goal on the conservation and sustainable use of the oceans, seas and marine resources for sustainable development.

UN Secretary-General Antonio Guterres once emphasized that the negotiation and adoption of the BBNJ demonstrates the strength of multilateralism, built on the spirit of UNCLOS, demonstrating a commitment to addressing global challenges and ensuring sustainability in areas beyond national jurisdiction.

In addition, BBNJ promises to open new doors of opportunity for international cooperation in areas requiring high scientific and technological capacity such as marine genetic resources, regional management tools, marine environmental impact assessment, capacity building and marine technology transfer.

Within the framework of the 13th East Sea Dialogue organized by the Diplomatic Academy (Ministry of Foreign Affairs) in Can Tho (November 14), prestigious domestic and international scholars will focus on exchanging and clarifying the basic contents of the BBNJ; at the same time, discuss how this Agreement is applied in accordance with other current legal instruments.

Many officials have commented on the significance of the BBNJ agreement. Singaporean Foreign Minister Vivian Balakrishnan stressed that this document represents another victory for international law and multilateralism when it was adopted at a time when the world is full of uncertainties. The agreement is a testament to what UN members can achieve when they work together.

Maldives Foreign Minister Abdulla Shahid welcomed the important milestone in the collective effort to protect and sustainably manage invaluable marine resources that exist beyond national jurisdiction.

Meanwhile, Chilean Foreign Minister Alberto van Klaveren affirmed that Chile is ready to participate in the BBNJ Agreement Secretariat in the most constructive spirit, aiming to make greater progress with the world to protect the ocean.

If 60 countries accede, ratify, approve or accept the BBNJ Agreement, it will enter into force. Within one year of the date of entry into force of the Agreement, the UN Secretary-General will convene the first meeting of the Conference of the Parties to this document.

Vietnam participates proactively and responsibly

As a maritime country, Vietnam has actively participated in the BBNJ negotiation process from the very first days; made proposals and substantial contributions and was also one of the first countries to sign the BBNJ on the first day the Agreement was opened for signing.

Sharing with the press, Ambassador Dang Hoang Giang, Head of the Vietnamese Delegation to the UN, once emphasized that Vietnam wishes to “become a strong, sustainably developed, prosperous, safe maritime nation… proactively and responsibly participating in solving international and regional issues related to the sea and ocean” (Vietnam’s Strategy for Sustainable Development of the Marine Economy to 2030, Vision to 2045).

Therefore, according to Ambassador Dang Hoang Giang, Vietnam needs to take advantage of capacity building measures and technology transfer as well as financial resources of the fund for sharing benefits from marine genetic resources outside national jurisdiction to "access and make the most of advanced scientific and technological achievements", "train and develop marine human resources, form a team of highly qualified and competent marine science and technology staff", thereby "sustainably developing the marine economy on the basis of green growth and biodiversity conservation", as the goals set out in the Strategy for Sustainable Development of Vietnam's Marine Economy to 2030, with a vision to 2045.

Ambassador Dang Hoang Giang emphasized that with the correct policies and guidelines of our Party and State on the sea as well as on international integration, with the motto of "proactively and actively integrating deeply", "being a friend, a reliable partner, a responsible member of the international community", Vietnam will increasingly participate in activities in the sea areas beyond national jurisdiction, in the Southeast Asian region, as well as other regions in the world.

The BBNJ Agreement, consisting of a Preamble, 12 Parts with 76 Articles and two Annexes, aims to ensure the conservation and sustainable use of marine biodiversity for the present and the long term, through the effective implementation of the provisions of UNCLOS 1982 and enhanced international cooperation.

The BBNJ Agreement regulates four important issues in ensuring marine biodiversity including: marine genetic resources; area-based management measures and tools (ABMT), including marine protected areas (MPA); marine environmental impact assessment (EIA) and capacity building and transfer of marine technology.

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Source: https://baoquocte.vn/hiep-dinh-ve-bien-ca-bbnj-moc-dau-moi-cua-luat-phap-quoc-te-canh-tay-noi-dai-cua-unclos-293364.html