Model UN Background Guide

Committee: United Nations Environment Programme (UNEP)

Topic: Biodiversity Beyond National Jurisdiction Implementation

Conference Year: 2026

1. Topic Background

Biodiversity beyond national jurisdiction (BBNJ) refers to the variety of life found in marine areas that lie outside the exclusive economic zones (EEZs) of coastal states—primarily the high seas and the deep seabed. These areas cover nearly two-thirds of the world’s oceans and are critical for global ecological balance, climate regulation, and sustaining fisheries. However, they face increasing threats from overfishing, habitat destruction, pollution, and emerging challenges such as deep-sea mining and climate change.

The governance of BBNJ has historically been fragmented. The 1982 United Nations Convention on the Law of the Sea (UNCLOS) provides a legal framework for the use of oceans but lacks detailed provisions specifically addressing biodiversity conservation in areas beyond national jurisdiction. This gap led to decades of calls for a new international instrument to address the sustainable use and protection of marine biodiversity in these areas.

In 2015, the UN General Assembly mandated negotiations for an international legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Treaty). After protracted negotiations, a historic agreement was reached in 2023, establishing a framework for marine protected areas (MPAs), environmental impact assessments (EIAs), benefit-sharing from marine genetic resources, capacity-building, and technology transfer.

Now, in 2026, the focus has shifted to the implementation phase. UNEP plays a central role in coordinating scientific assessments, facilitating cooperation among states and stakeholders, and supporting capacity-building efforts. Effective implementation is critical to translating treaty commitments into tangible conservation outcomes, particularly as pressures on the high seas intensify due to expanding industrial activities and climate change impacts.

2. Key Actors

States:

• Small Island Developing States (SIDS) and Coastal Developing States: Often emphasize capacity-building, technology transfer, and equitable benefit-sharing from marine genetic resources. Examples include Pacific island nations and Caribbean states.
• Developed Maritime Powers: Countries like the United States, Japan, and members of the European Union have significant scientific and technological capabilities and are major actors in high seas fishing and marine research. They typically advocate for strong scientific cooperation but may have reservations about benefit-sharing mechanisms perceived as limiting commercial interests.
• Emerging Economies: States such as China, India, and Brazil increasingly assert their interests in marine resources and seek balanced governance frameworks that allow sustainable economic development while conserving biodiversity.

International Organizations:

• United Nations Environment Programme (UNEP): Facilitates scientific assessments, capacity-building, and coordination of implementation efforts.
• International Seabed Authority (ISA): Regulates deep-sea mining activities in the Area beyond national jurisdiction, playing a key role in environmental management and monitoring.
• Food and Agriculture Organization (FAO): Oversees sustainable fisheries management and works closely with regional fisheries management organizations (RFMOs).
• Intergovernmental Oceanographic Commission (IOC) of UNESCO: Supports marine scientific research and data sharing essential for informed decision-making.

Civil Society and Scientific Community:

Non-governmental organizations (NGOs) such as the World Wildlife Fund (WWF) and the Pew Charitable Trusts advocate for strong conservation measures and transparency, while scientific bodies provide critical data and assessments underpinning policy decisions.

3. Bloc Positions

1. Conservation-Focused Bloc

Comprising primarily the European Union, Pacific Island countries, and some Latin American states, this bloc prioritizes the establishment of extensive marine protected areas, strict environmental impact assessments, and precautionary approaches to emerging activities like deep-sea mining. They emphasize robust monitoring, transparency, and strong enforcement mechanisms.

2. Resource-Utilization Bloc

Including major fishing nations such as Japan, South Korea, and certain developing coastal states, this group stresses the sustainable use of marine resources, advocating for flexible regulations that allow continued economic activities. They often seek to limit overly restrictive MPAs and call for scientific data to justify conservation measures.

3. Equity and Capacity-Building Bloc

Led by many African, Caribbean, and Pacific developing states, this bloc focuses on ensuring fair access to marine genetic resources, equitable benefit-sharing, and substantial capacity-building and technology transfer to enable effective participation in BBNJ governance. They often call for financial mechanisms to support implementation.

4. Emerging Maritime Powers

Countries like China, India, and Brazil seek a balanced approach that promotes sustainable development, respects sovereignty principles, and supports scientific cooperation. They emphasize the importance of not hindering economic growth while recognizing the need for conservation.

4. Past UN Action

• UNGA Resolution 69/292 (2015): Mandated the commencement of negotiations for a legally binding instrument on BBNJ under UNCLOS.
• UNGA Resolution 72/249 (2017): Established the Intergovernmental Conference (IGC) to negotiate the BBNJ Treaty.
• UNGA Resolution 74/19 (2019): Extended the mandate of the IGC to finalize the treaty text.
• Adoption of the BBNJ Treaty (2023): The historic agreement covering marine protected areas, EIAs, marine genetic resources, and capacity-building.
• UNEP Governing Council Decisions: Various decisions supporting scientific assessments, capacity-building initiatives, and partnerships for BBNJ implementation.

5. Questions a Resolution Should Answer

1. How can UNEP best facilitate the scientific assessments and data-sharing necessary for effective BBNJ implementation?
2. What mechanisms should be established or strengthened to ensure compliance and enforcement of conservation measures in areas beyond national jurisdiction?
3. How can capacity-building and technology transfer be operationalized to assist developing states in fulfilling treaty obligations?
4. What frameworks should guide the equitable sharing of benefits arising from marine genetic resources?
5. How should environmental impact assessments be standardized and monitored for activities such as deep-sea mining and bioprospecting?
6. What role should regional fisheries management organizations play in coordinating with the BBNJ framework?
7. How can cooperation be enhanced among states, international organizations, and civil society to ensure transparent and inclusive governance?

6. Further Reading

• UN Documents: Official UNGA resolutions, reports of the Intergovernmental Conference on BBNJ, UNEP assessment reports on marine biodiversity, and documents from the International Seabed Authority provide authoritative legal and policy frameworks.
• Think-Tank Reports: Analyses from marine conservation organizations and international law institutes offer insights into the treaty’s implications, challenges in implementation, and best practices for governance. These include policy briefs and scenario studies on high seas management.
• News Outlets and Specialized Media: Coverage from respected international media and specialized ocean and environment news platforms track ongoing developments, stakeholder positions, and emerging challenges such as deep-sea mining and climate impacts on marine biodiversity.

This background guide aims to equip delegates with a comprehensive understanding of the complex, multifaceted challenges and opportunities in implementing biodiversity protection beyond national jurisdiction, setting the stage for informed and substantive debate in UNEP 2026.