Biodiversity Beyond National Jurisdiction: Legal options for a new international agreement

The aim of this work is to support States participating in the Biodiversity Beyond National Jurisdiction Preparatory Committee meetings by presenting options for the content of the legal instrument appropriate for anticipated future changes in the pressures on biodiversity beyond national jurisdiction. In order to do this, three pressures on biodiversity beyond national jurisdiction were chosen: physical loss and damage to the seabed; removal of biological resources; and ocean acidification. The potential legal options for area based management tools and environmental impact assessment were then assessed for their ability to manage the likely future changes in pressure. The legal options were developed at three levels of ambition which reflected progressively greater need for capacity and funding.

The key findings of this review indicate that at the very least, the development of a legally binding Implementing Agreement will provide an opportunity to more effectively balance conservation, economic and development needs of Parties if it provides a platform for better cross-sectoral communication and collaboration for activities.

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