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Implementing Agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction
Treaty Type:
Multilateral
Common Name:
BBNJ Implementing Agreement
Responsible Department:
Foreign Affairs and Trade
Administering Department:
Foreign Affairs and Trade
Treaty Summary:
In December 2017 the UN General Assembly established an Intergovernmental Conference to develop the text of a draft agreement under the UN Convention on the Law of the Sea. The agreement focuses on the conservation and sustainable use of marine biodiversity in the high seas and deep seabed (known as 'areas beyond national jurisdiction'). The purpose of the agreement is to address the rapid decline of marine biodiversity in these areas, to clarify the legal regime for the use of marine genetic resources from these areas, and to facilitate developing country participation in the conservation and sustainable use of marine biodiversity. The treaty will not affect New Zealand’s rights and responsibilities for its marine areas, but will affect the activities of New Zealanders and New Zealand companies operating in the high seas and seabed beyond national jurisdiction. The agreement covers four substantive issues: (1) marine genetic resources, including questions on the sharing of benefits; (2) measures such as area-based management tools, including marine protected areas; (3) environmental impact assessments; and (4) capacity-building and the transfer of marine technology.
NZ Adherence Status:
In Progress
Negotiation Status:
Multilateral. Negotiations commenced in September 2018 and concluded in March 2023, with the text adopted in June 2023 after five negotiating sessions. New Zealand signed the agreement on 20 September 2023.
Organisation:
United Nations
Is Signed By NZ:
Yes
Signature Date:
20/09/2023
Ratified or Signed:
No
Requires Ratification:
Yes
NZ Territorial Applications:
None
Information about required Legislation:
Implementing legislation is necessary to fulfil some of the obligations under the Agreement. New Zealand would be in a position to ratify the Agreement once this implementing legislation has been developed and passed.
Impacts on Maori:
Māori expressed interest in the negotiations, including references to traditional knowledge of indigenous peoples, high seas fishing interests, protection of tāonga species and Māori/indigenous representation. The final agreement contains numerous references to Indigenous Peoples and traditional knowledge.
Impacts on Stakeholders:
The Agreement contains international legal obligations that would require New Zealanders and New Zealand companies operating in areas beyond national jurisdiction to be regulated in relation to some activities, for example, access to and use of marine genetic resources. However, the Agreement is designed to respect and not undermine the competences of existing governance bodies.
Link To Legislation:
Treaty Text Link:
Contact Information:
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