Model UN Background Guide

Committee: United Nations Environment Programme (UNEP)

Topic: Biodiversity Beyond National Jurisdiction Implementation

Conference Year: 2025

Topic Background

Biodiversity Beyond National Jurisdiction (BBNJ) refers to the variety of life forms found in areas of the ocean that lie outside the 200 nautical mile Exclusive Economic Zones (EEZs) of coastal states, commonly known as the high seas and the deep seabed. These areas constitute nearly two-thirds of the ocean’s surface and are critical for global ecological balance, carbon sequestration, and sustaining marine life. However, they face increasing threats from overfishing, deep-sea mining, pollution, and climate change.

The urgency of addressing BBNJ stems from the fact that these areas are not subject to the sovereignty of any single nation, making their governance complex and requiring multilateral cooperation. Historically, governance frameworks such as the United Nations Convention on the Law of the Sea (UNCLOS) have provided broad legal principles but lacked detailed mechanisms specifically for biodiversity conservation beyond national jurisdiction.

In 2015, the United Nations General Assembly (UNGA) launched negotiations for an international legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. After several years of negotiation, the BBNJ treaty (also known as the “High Seas Treaty”) was adopted in 2023, marking a milestone in international ocean governance. The treaty covers four key elements: marine genetic resources (MGRs), area-based management tools (ABMTs) including marine protected areas (MPAs), environmental impact assessments (EIAs), and capacity building and technology transfer.

Despite the treaty’s adoption, challenges remain in its implementation, including defining jurisdictional responsibilities, establishing enforcement mechanisms, and securing adequate funding and technology transfer to developing states. UNEP, as the leading UN environmental body, plays a critical role in facilitating implementation, monitoring, and capacity building. This topic is on the 2025 UNEP agenda because states and stakeholders are now moving from treaty adoption to operationalizing commitments, ensuring that the treaty’s provisions translate into concrete conservation actions.

Key Actors

States:

• Small Island Developing States (SIDS) and Least Developed Countries (LDCs): Often emphasize equitable access to marine genetic resources, capacity building, and technology transfer to support sustainable use and benefit-sharing. Examples include Pacific Island nations and African coastal states.
• Developed Maritime Powers: Countries with significant maritime industries such as the United States, European Union member states (e.g., Germany, France), Japan, and Australia focus on balancing conservation with sustainable use, scientific research, and economic interests in marine genetic resources and fisheries.
• Emerging Economies: States like China, Brazil, and India advocate for fair access to resources while emphasizing sovereignty and non-discrimination principles in benefit-sharing arrangements.

International Organizations:

• United Nations Environment Programme (UNEP): Coordinates environmental monitoring, capacity building, and supports implementation of the BBNJ treaty through its regional offices and the Global Environment Facility (GEF).
• International Seabed Authority (ISA): Regulates deep-sea mining activities in the Area beyond national jurisdiction and works closely with BBNJ treaty bodies for environmental safeguards.
• Food and Agriculture Organization (FAO): Engaged in fisheries management in the high seas, contributing to sustainable use policies and scientific data provision.
• Intergovernmental Oceanographic Commission (IOC) of UNESCO: Provides scientific expertise and coordinates marine research essential for effective conservation measures.

Bloc Positions

1. Conservation-Focused Bloc (Primarily SIDS, LDCs, and some EU members):

• Advocate for strong, legally binding mechanisms to establish marine protected areas and enforce environmental impact assessments.
• Emphasize the importance of equitable benefit-sharing from marine genetic resources, including technology transfer and capacity building.
• Support precautionary principles to prevent irreversible damage to marine biodiversity.

2. Resource Access and Economic Use Bloc (Major maritime powers such as the US, Japan, Australia, Brazil, and China):

• Stress the need for sustainable use frameworks that allow continued scientific research and commercial exploitation, including bioprospecting.
• Cautious about overly restrictive ABMTs that could limit economic activities like fishing and deep-sea mining.
• Advocate for clarity in jurisdictional authority and enforcement to avoid conflicts.

3. Developing States Seeking Capacity Building (African and some Latin American countries):

• Prioritize capacity building, technology transfer, and financial support to enable participation in conservation and sustainable use efforts.
• Support transparent benefit-sharing mechanisms to ensure developing states receive fair returns from resource utilization.
• Call for inclusive governance structures that allow equitable representation in decision-making.

4. Environmental NGOs and Civil Society (Observers and partners):

• Push for ambitious conservation targets and rapid implementation of the treaty’s provisions.
• Advocate for transparency, public participation, and strict compliance mechanisms.
• Highlight the interconnectedness of ocean health with climate change and global biodiversity goals.

Past UN Action

• UNGA Resolution 69/292 (2015): Mandated the start of negotiations for the BBNJ treaty.
• UNGA Resolution 72/249 (2017): Established the Intergovernmental Conference (IGC) for the negotiation of the BBNJ treaty.
• UNGA Resolution 74/19 (2019): Continued the mandate for final negotiations on the treaty text.
• Adoption of the BBNJ Treaty (2023): The historic legally binding instrument on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction.
• UNEP Governing Council Decisions: Various decisions related to marine biodiversity protection and capacity building programs supporting treaty implementation.

Questions a Resolution Should Answer

1. How can UNEP support states in the effective establishment and management of marine protected areas under the BBNJ treaty?
2. What mechanisms should be developed to ensure equitable benefit-sharing of marine genetic resources, especially for developing countries?
3. How can environmental impact assessments be standardized and enforced in areas beyond national jurisdiction?
4. What role should capacity building and technology transfer play in the treaty’s implementation, and how can UNEP facilitate these processes?
5. How can coordination between existing organizations (e.g., ISA, FAO, IOC) and the new BBNJ treaty bodies be enhanced to avoid duplication and ensure coherent governance?
6. What funding strategies can be employed to support long-term implementation, monitoring, and enforcement of the treaty provisions?
7. How can compliance and enforcement mechanisms be strengthened to ensure adherence to conservation measures in the high seas?

Further Reading

• UN Documents: Official UNGA resolutions on BBNJ negotiations, UNEP Governing Council decisions, and reports from the Intergovernmental Conference sessions provide primary legal and procedural context. These documents outline the treaty’s framework and the UN’s role in implementation.

• Think-Tank Reports: Research institutions such as the International Institute for Sustainable Development (IISD), the Institute for Advanced Sustainability Studies (IASS), and the Centre for International Environmental Law (CIEL) offer detailed analyses on treaty provisions, implementation challenges, and policy recommendations. These reports often include case studies and stakeholder perspectives.

• News Outlets and Specialized Media: Reputable environmental news sources like Mongabay, the Guardian’s environment section, and Marine Policy journal provide up-to-date coverage on the treaty’s progress, stakeholder debates, and emerging issues in ocean governance. These sources help contextualize political dynamics and public opinion.

This guide aims to prepare delegates for a nuanced discussion on how UNEP can facilitate the transition from treaty adoption to effective preservation and sustainable management of biodiversity beyond national jurisdiction.