Suggestions for Refinement and Implementation of the Ecosystem Approach in the BBNJ Agreement

FENG Jinlong；CHEN Cong；YAN Lilan；HUANG Yuxin

Areas beyond national jurisdiction ； Marine biodiversity ； Ecosystem approach ； Area of application ； Marine technology ； National policies ； International cooperation

中华海洋法学评论

48期（2023 / 12 / 01）

19 - 44

英文

After nearly two decades of negotiations and discussions, the international community has adopted 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 (hereinafter "BBNJ Agreement"). This marks a significant milestone in global ocean governance. The ecosystem approach has been a central topic throughout the negotiations, with its principles reflected in various aspects of the BBNJ Agreement. The ecosystem approach, as a general method, not only permeates the entire Agreement but also harmonizes well with its objectives, fostering innovation in ocean governance practices and ideologies, thereby facilitating the fulfillment of the BBNJ Agreement's purpose. However, its primary limitation lies in its application only to areas beyond national jurisdiction. Further clarification is required on conceptual nuances, the applicability to specific topics, and the potential for serving as an independent arbitration rule in dispute resolution. To enhance the efficacy of the ecosystem approach, it is imperative to identify its key components. The scientific and technological bodies under the BBNJ Agreement must prioritize research on pertinent scientific matters, bolster collaboration with nations, and ensure alignment and coordination with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies.