The Role of IUCN in the BBNJ Agreement: A Pathway to Ocean Conservation

As an intergovernmental observer organisation, IUCN has played a crucial role throughout the BBNJ process by providing legal insights, hosting workshops, and publishing important materials.

During the second day of the National Workshop on the Ratification and Implementation of the Agreement under United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity Beyond National Jurisdiction (BBNJ Agreement) held in Apia, Samoa from 17 to 18 March, IUCN Oceania Environmental Legal Officer, Frances Disiga presented on IUCN's role in the BBNJ Agreement.

Ms. Disiga said IUCN’s engagement in the BBNJ Agreement began long before the formal negotiations started and its engagement become more structured with the establishment of the BBNJ Working Group in 2004 and its first meetings in 2006, which laid the groundwork for formal negotiations that began in 2018. 

“Since 2018, IUCN has offered scientific and legal expertise to negotiators, helping to build capacity for the Intergovernmental Conferences (IGCs). Their support has been vital in developing guidelines for Area-Based Management Tools (ABMTs), including Marine Protected Areas (MPAs),” she added.

She emphasised that despite the challenges brought on by the COVID-19 pandemic in 2020 and 2021, IUCN remained actively engaged in the intersessional work hosted by the President of the IGC, Mrs. Rena Lee. Their primary objective has been to assist negotiators in crafting an ambitious treaty that supports global conservation initiatives.

Understanding the Domestic Process

Once the BBNJ Agreement is adopted, countries must integrate its provisions into their national laws. This process, known as domestication, involves several steps:

1. Signature and Ratification: A country may sign a treaty to indicate its intent to comply with the treaty's terms, though this does not create binding legal obligations. Ratification: Ratification is the formal consent by the country to be bound by the treaty. This often requires approval from the national legislature or a similar body.

2. Legislative Approval: Many nations require parliamentary approval before ratification. This might involve presenting the treaty to the national parliament or other legislative body for debate and a vote. 

3. Incorporation into Domestic Law: 

• Direct Incorporation: Some countries have legal systems that allow treaties to become part of domestic law automatically upon ratification.

• Enabling Legislation: In other countries, specific laws or amendments must be passed to implement the treaty's provisions domestically. This legislation might:

- Create new laws or amend existing ones to reflect treaty obligations.

- Establish regulatory frameworks or administrative bodies for enforcement.

- Allocate funding and resources for implementation

4. Implementation and Enforcement: 

• Regulatory Framework: Establishing detailed regulations and guidelines to ensure compliance with the treaty’s provisions.

• Institutional Setup: Setting up or designating governmental agencies or bodies responsible for the treaty's enforcement and monitoring.

• Capacity Building: Training and equipping relevant authorities and personnel to implement and enforce the treaty.

5. Monitoring and Reporting: 

• Compliance Monitoring: Regular monitoring to ensure adherence to the treaty's requirements.

• Reporting: Many treaties require periodic reporting to international bodies on measures taken and progress made in implementation.

6. Public Participation and Education: 

• Engaging the public and stakeholders through awareness campaigns, consultations, and participation in decision-making processes related to the treaty.

• Educating the public, businesses, and other relevant parties about their rights and responsibilities under the new legal framework.

7. Judicial Application: 

• Courts may play a role in interpreting and enforcing the treaty’s provisions as incorporated into domestic law.

• Judicial review can ensure that national laws and policies are consistent with the treaty obligations.

8. Review and Adaptation: 

• Periodic review of the domestic implementation framework to address any challenges or gaps.

• Adapting national policies and laws in response to evolving international norms and domestic needs.

“Countries have successfully ratified the Paris Agreement by aligning their national laws and submitting reports on their progress. This example points out how international treaties can lead to actionable steps at the national level,” Ms. Disiga explained.

She also said the IUCN Oceania BBNJ Project which Bloomberg Ocean Initiative and Arcadia fund aimed to assist Pacific Island Countries (PICs) in understanding and implementing the BBNJ Agreement. “This includes developing strategic plans to incorporate the treaty into national legislation”. By doing so, PICs can navigate the administrative processes and challenges associated with the agreement, enabling informed decision-making.”

IUCN is committed to supporting Fiji, Samoa, Tonga, Vanuatu and Tuvalu, in ratifying and implementing the BBNJ Agreement through:

- Technical Support: Offering guidance and workshops to align national laws with the treaty.

- Assessment and Review: Evaluating existing laws related to marine biodiversity and recommending necessary changes.

- Stakeholder Engagement: Coordinating consultations to include local communities and civil society in the ratification process.

- Advocacy and Outreach: Raising awareness about the treaty among decision-makers and the public.

Established in 1948, IUCN is the world's largest and oldest environmental organisation. With its global authority on conservation, IUCN provides essential standards, tools, and guidance for countries aiming to protect their natural resources. Through its efforts in the BBNJ Agreement, IUCN is paving the way for a more sustainable future for our oceans, ensuring that marine biodiversity is preserved for generations to come.