Report on the Ratification of the BBNJ Agreement and its Implications for Sustainable Development Goals

Introduction and Key Developments

United Nations experts have welcomed the ratification of the Agreement on Biodiversity Beyond National Jurisdiction (BBNJ Agreement), marking a significant advance in global efforts to achieve the Sustainable Development Goals (SDGs). The agreement, ratified by 69 states, is a historic step for the protection of the high seas and the deep seabed, which constitute areas beyond national jurisdiction. This development provides a robust international legal framework to govern human activity in the ocean, directly addressing threats to marine biodiversity and human rights.

Alignment with Sustainable Development Goal 14: Life Below Water

The BBNJ Agreement is essential for achieving the ocean-related objectives of the 2030 Agenda, particularly SDG 14 (Life Below Water). It provides critical mechanisms to address the escalating biodiversity crisis and facilitates action on interconnected global challenges.

• Conservation and Sustainable Use: The agreement establishes a framework for the conservation and sustainable use of marine biological diversity, directly contributing to SDG Target 14.2 (sustainably manage and protect marine and coastal ecosystems).
• Marine Protected Areas: It facilitates the implementation of the “30 by 30” pledge, a key component of the High Seas Treaty, which aims to protect 30% of the planet’s oceans by 2030, aligning with SDG Target 14.5.
• Addressing Harmful Subsidies: The BBNJ Agreement’s objectives are complemented by the World Trade Organization’s Agreement on Fisheries Subsidies, which aims to eliminate subsidies contributing to overfishing and the depletion of global fish stocks, in line with SDG Target 14.6.
• Scientific Knowledge: It promotes responsible scientific research by facilitating the generation and dissemination of data, enhancing scientific knowledge required under SDG Target 14.a.

Broader SDG Implications

The treaty’s impact extends beyond SDG 14, reinforcing the indivisible nature of the Sustainable Development Goals. The link between ocean conservation and human rights creates a ripple effect across multiple global targets.

1. SDG 3 (Good Health and Well-being): By providing a human rights-based framework to address marine biodiversity loss, the agreement upholds the right to a clean, healthy, and sustainable environment.
2. SDG 13 (Climate Action): The agreement is a vital tool for addressing the interconnected challenges of climate change, biodiversity loss, and pollution.
3. SDGs 1, 8, & 10 (No Poverty, Decent Work and Economic Growth, Reduced Inequalities): It protects the rights of Indigenous peoples and coastal communities whose livelihoods depend on healthy marine ecosystems from threats such as overfishing, seabed mining, plastic pollution, and oil spills.
4. SDG 16 (Peace, Justice and Strong Institutions): As the third implementing agreement under the UN Convention on the Law of the Sea, the BBNJ Agreement strengthens the international legal framework for ocean governance.

Operational Mechanisms and Principles

The BBNJ Agreement introduces key principles and requirements to ensure the protection and sustainable management of marine biodiversity in areas beyond national jurisdiction.

• Precautionary Principle: The agreement incorporates the precautionary principle, ensuring that potential impacts are considered before activities are undertaken.
• Environmental Impact Assessments: It mandates that all planned activities in these areas undergo a comprehensive environmental impact assessment to identify and mitigate potential risks to marine life.

Conclusion and Future Outlook

The BBNJ Agreement represents a landmark achievement in global ocean governance. It will enter into force 120 days after the sixtieth instrument of ratification is deposited, with an effective date of January 2026. This treaty provides an indispensable legal mechanism to advance the Sustainable Development Goals, particularly SDG 14, by creating a coordinated global response to the urgent threats facing marine ecosystems.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

1. SDG 14: Life Below Water

   • The article’s primary focus is the BBNJ Agreement, which is explicitly designed for the “conservation of marine biological diversity” and the sustainable use of marine resources. It is directly linked to “Sustainable Development Goal 14” in the text. The discussion covers marine pollution, overfishing, biodiversity loss, and the protection of high seas ecosystems, all of which are central themes of SDG 14.

2. SDG 13: Climate Action

   • The article states that the BBNJ Agreement facilitates action on the “interconnected challenges of climate change, biodiversity loss, and pollution.” This acknowledges the role of ocean health in regulating the climate and the impact of climate change on marine ecosystems, connecting the agreement’s objectives to SDG 13.

3. SDG 16: Peace, Justice and Strong Institutions

   • The article discusses the creation and ratification of international legal frameworks, specifically the BBNJ Agreement and the WTO’s Agreement on Fisheries Subsidies. These agreements represent the development of effective, accountable, and inclusive institutions at the international level to govern human activity in the ocean and promote the rule of law, which is a core aspect of SDG 16.

4. SDG 17: Partnerships for the Goals

   • The ratification of the BBNJ Agreement by 69 states, as mentioned in the article, is a clear example of a global partnership to achieve sustainable development. The agreement itself is a mechanism for international cooperation on ocean governance, aligning with the principles of SDG 17.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. Targets under SDG 14 (Life Below Water)

   • Target 14.1: By 2025, prevent and significantly reduce marine pollution of all kinds. The article identifies threats like “plastic pollution,” “oil spills,” and pollution from “seabed mining” that the new legal frameworks aim to address.
   • Target 14.2: By 2020, sustainably manage and protect marine and coastal ecosystems. The BBNJ Agreement is described as a “significant advance for the conservation of marine biological diversity in areas beyond national jurisdiction.” The article also mentions the “30 by 30” pledge, which is a direct commitment to this target.
   • Target 14.4: By 2020, effectively regulate harvesting and end overfishing. The article highlights the WTO’s Agreement on Fisheries Subsidies, which aims to “eliminate harmful fisheries subsidies that contribute to the depletion of global fish stocks.”
   • Target 14.5: By 2020, conserve at least 10 per cent of coastal and marine areas. The article refers to the “30 by 30” pledge, a more ambitious goal that directly relates to and surpasses this target by aiming to protect 30% of the oceans.
   • Target 14.6: By 2020, prohibit certain forms of fisheries subsidies which contribute to overcapacity and overfishing. The entry into force of the WTO’s Agreement on Fisheries Subsidies is a direct action towards achieving this target.
   • Target 14.a: Increase scientific knowledge, develop research capacity and transfer marine technology. The article states the BBNJ Agreement will promote “responsible scientific research by facilitating the generation and dissemination of data, which will improve our knowledge of underexplored areas.”
   • Target 14.c: Enhance the conservation and sustainable use of oceans and their resources by implementing international law as reflected in UNCLOS. The article explicitly identifies the BBNJ Agreement as the “third implementing agreement under the UN Convention on the Law of the Sea.”

2. Targets under SDG 16 (Peace, Justice and Strong Institutions)

   • Target 16.b: Promote and enforce non-discriminatory laws and policies for sustainable development. The BBNJ Agreement and the WTO Agreement are international legal frameworks designed to govern activities and enforce policies for the sustainable management of ocean resources. The BBNJ’s requirement for an “environmental impact assessment” for all planned activities is an example of such a policy.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

1. Indicators for SDG 14

   • Indicator related to Target 14.5: The article mentions the “30 by 30” pledge. Progress can be measured by the percentage of marine areas designated as protected, with the goal of reaching 30%. This aligns with Indicator 14.5.1 (Coverage of protected areas in relation to marine areas).
   • Indicator related to Target 14.6: The entry into force of the “World Trade Organization’s Agreement on Fisheries Subsidies” is a key progress marker. This relates to Indicator 14.6.1 (Progress by countries in the degree of implementation of international instruments aiming to combat illegal, unreported and unregulated fishing).
   • Indicator related to Target 14.c: The article notes the BBNJ Agreement “will enter into force 120 days after the deposit of the sixtieth instrument of ratification.” The number of countries ratifying the agreement is a direct indicator of progress in implementing international ocean-related law, corresponding to Indicator 14.c.1.

2. Indicators for SDG 16 & 17

   • Indicator related to Target 16.8 and 17.16: The number of states that have ratified the BBNJ Agreement (mentioned as 69) serves as a quantitative indicator of international cooperation and participation in institutions of global governance.

SDGs, Targets, and Indicators from the Article

Source: jurist.org