Innovations in the Institutional Arrangements in the BBNJ Agreement

Abstract The adoption of 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) is a major achievement, not least because of its institutional arrangements. A number of new institutions will be established, with interesting and novel competences. These include particularly innovative provisions about dealing with marine genetic resources, as well as procedures leading to binding decisions establishing area-based management tools; the latter may not include areas within national jurisdiction, although how disputes on this point will be resolved is unclear. There is a particular emphasis upon the inclusivity and transparency of procedures. In addition, the financial mechanism involves novel rules designed to benefit developing countries. The new institutions will be obliged to coordinate closely with existing organisations having relevant competences.