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The BBNJ agreement and liability
Marine Policy, 2023The Biodiversity Beyond National Jurisdiction (BBNJ) negotiations are approaching the final phase, with significant urgency to conclude an agreement. But the current draft text lacks provisions for liability and compensation. This short communication investigates that absence, and its impact on consistency with UNCLOS and implementation effectiveness ...
Elizabeth Mendenhall, Kahlil Hassanali
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The Interplay between the CAOF Agreement and BBNJ Agreement: A Chinese Perspective
After years of negotiation, in 2018, five Arctic coastal states and five other members, including China, reached the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (CAOF Agreement). Meanwhile, at the sessions of the BBNJ negotiation, which were mandated by the UN General Assembly Resolution 72/249, expectations for a ...
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Data Management and the ‘BBNJ Standardized Batch Identifier’ Under the BBNJ Agreement
<p><span>This chapter addresses two innovations in the BBNJ Agreement – the ‘“BBNJ” standardized batch identifier’ (BBNJ Identifier) and the data management plan (DMP). The BBNJ Identifier is a means to link information about the subject matter of the BBNJ Agreement – marine genetic resources (MGRs) and digital sequence information on MGRs (
Marcel Jaspars +2 more
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The Place of Intellectual Property Under the BBNJ Agreement
Abstract This chapter explores the place of intellectual property (IP) in the negotiations of the BBNJ Agreement and the approach ultimately taken in the BBNJ Agreement. The chapter considers possible steps which could be taken in implementing the BBNJ Agreement in relation to IP regarding access and benefit sharing in respect of marine ...
Abbe Brown
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The binding force of the BBNJ agreement on third parties
Ocean and Coastal Management, 2021Abstract With the sustained progress of the relevant work of the United Nations General Assembly (UNGA) in the field of biodiversity beyond national jurisdiction (BBNJ), the draft of an international legally binding instrument has begun to take shape. However, wide divergences remain between governments on particular points. Specifically, the lack of
Deyi Ma
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The interaction of the BBNJ agreement and the legal regime of the Area, and its influence on the implementation of the BBNJ agreement [PDF]
The Agreement under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) is often framed as the 'high seas treaty '. However, the BBNJ also applies to the international seabed (the Area), an aspect that has not gained sufficient attention ...
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What will the BBNJ agreement mean for the Arctic fisheries agreement?
Marine Policy, 2022Abstract This article explores the possible interplay between the envisioned agreement on biodiversity beyond national jurisdiction (“the envisioned BBNJ Agreement”) and the Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean (“the CAO Fisheries Agreement”).
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The BBNJ Agreement: Achievements and Prospects
Chinese Journal of Environmental LawAbstract After lengthy and challenging consultations and negotiations, the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (‘BBNJ agreement’) was adopted in 2023.
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