4 April 2014: Delegates discussed the scope, parameters and feasibility of an international instrument at the seventh meeting of the Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction (BBNJ). At the close of the meeting, several delegates praised the meeting for engaging in an interactive substantive debate that created momentum for more detailed deliberations in June 2014.

The meeting was the first of three meetings convened by the UN General Assembly (UNGA) to discuss a possible new international instrument on BBNJ under the UN Convention on the Law of the Sea (UNCLOS). UN Legal Counsel Miguel de Serpa Soares described the series of meetings as “a clear opportunity to try and overcome remaining differences and to crystalize the areas of convergence into concrete action” in his opening remarks.

On the scope of a new instrument, delegates discussed issues related to, inter alia: UNCLOS as the basis for a new instrument that could operationalize exiting obligations while preserving the balance of rights and duties in existing instruments; geographical scope; implementation versus regulatory gaps; and the precautionary and ecosystem-based principles. The US said already regulated activities, such as fisheries, should not be part of a new instrument. Noting gaps in regional fisheries management organizations (RFMOs), New Zealand said sustainable fisheries should not be excluded from a new instrument.

On parameters of a new international instrument, delegates focused on environmental impact assessments (EIA), marine genetic resources (MGRs), marine protected areas (MPAs) and form.

On the feasibility of a new international instrument, South Africa, Costa Rica, the European Union (EU) and others argued legal and political feasibility on the basis of the UN Conference on Sustainable Development (UNCSD, or Rio+20) mandate and two existing implementing agreements under UNCLOS. New Zealand called for a shift from fragmented management of activities in areas beyond national jurisdiction (ABNJ) to the maintenance of the oceans’ ecological integrity.

In a side event, the Convention on Biological Diversity (CBD) Secretariat and its partners discussed how the CBD’s work could inform global efforts in applying an ecosystem approach to marine areas beyond national jurisdiction in the context of Ecologically or Biologically Significant Marine Areas (EBSAs).

The Working Group convened from 1-4 April 2014 at UN Headquarters in New York, the US. [UN News Story] [IISD RS Briefing Note] [Working Group Website][Sustainable Development Policy & Practice coverage of marine biodiversity BBNJ] [Publication: Co-Chairs’Summary of Discussions]