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The development of a new international legally binding instrument for the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ agreement) is in the final negotiation phase. Legal recognition of rights of nature is emerging worldwide as a fresh imperative to preserve ecological integrity, safeguard human wellbeing, broaden participation in decision-making, and give a voice to nature – but so far exclusively within national jurisdiction. In this paper, we consider how a Rights of Nature perspective might inform the BBNJ agreement.

Indigenous Peoples and local communities (IPLCs) are the holders of a vast amount of traditional knowledge of the ocean and its resources.

This paper reviews the provisions and efforts to implement the 1946 International Convention for the Regulation of Whaling (ICRW) and the 1980 Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR). It illustrates progress and continuing challenges to stopping the over exploitation of living resources in high seas areas beyond national jurisdictions.

The high seas begin 200 nautical miles from coastal shores, beyond the jurisdiction of any country. Their vast expanse and distance from shore pose challenges for exploration and knowledge gathering. However, scientific expeditions in recent years have revealed that these areas, which make up nearly two-thirds of the world’s ocean, harbor an incredible array of species that provide essential services for life on Earth.

States at the United Nations have begun negotiating a new treaty to strengthen the legal regime for marine biodiversity in areas beyond national jurisdiction. Failure to ensure the full scope of fish biodiversity is covered could result in thousands of species continuing to slip through the cracks of a fragmented global ocean governance framework.

Full Paper (Pdf)