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The Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, adopted in June 2023, under the United Nations Convention on the Law of the Sea (UNCLOS), aims to conserve and sustainably use marine biodiversity in areas beyond national jurisdiction. Covering nearly 95% of the ocean, it introduces groundbreaking provisions for marine genetic resources (MGRs) to ensure equity, sustainability, and transparency.

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Provisions of the BBNJ Agreement Related to Marine Genetic Resources (MGRs)

• Global Access and Benefit-Sharing (ABS) Framework: The BBNJ Agreement mandates the fair and equitable sharing of benefits derived from MGRs, including both monetary and non-monetary benefits.
  For instance: A portion of revenues from marine biotechnology, such as drugs developed from high-seas organisms, will be redistributed globally through a Global Marine Fund.
• Inclusion of Digital Sequence Information (DSI): Genetic data in digital formats, known as DSI, is explicitly included in the benefit-sharing mechanisms to prevent exploitation through technology gaps.
• Environmental Impact Assessments (EIAs): The treaty requires mandatory EIAs to assess the environmental consequences of MGR extraction, safeguarding marine ecosystems.
• Capacity-Building and Technology Transfer: The treaty emphasizes capacity-building for developing nations, providing funding, training, and access to marine technology to promote equitable participation.
  For instance: India plans to leverage the treaty to enhance its research capabilities beyond its Exclusive Economic Zone (EEZ) with funding and technology from developed nations.
• Institutional Oversight Mechanisms: The COP will oversee compliance, regulate benefit-sharing, enforce penalties, and ensure data transparency through mechanisms like the Clearing-House Mechanism.
  For instance: Wealthier nations must periodically disclose MGR-related activities to COP, ensuring accountability.

Addressing Equity Concerns and Preventing Exploitation

• Equitable Access to Marine Genetic Resources: The agreement ensures that developing nations can participate in the benefits of marine genetic resources, closing the gap between resource-rich and resource-poor nations.
  For example: Through the Access and Benefit Sharing (ABS) protocols, smaller countries gain access to profits from marine biotechnology innovations, such as new medicines derived from high-seas organisms.
• Protection Against Biopiracy: By requiring equitable benefit-sharing, the agreement prevents biopiracy, ensuring that high-seas resources are not exploited unfairly by powerful nations or corporations.
  For example: Like the Convention on Biological Diversity (CBD), this treaty ensures that resources taken from international waters are used with proper compensation to all parties involved.
• Monitoring and Transparency: The treaty introduces mechanisms to ensure fair and open use of genetic resources, preventing secretive practices that might benefit only a few.
  For example: Platforms like the Access and Benefit-Sharing Clearing-House (ABS-CH) track the use and distribution of marine genetic resources, ensuring accountability.
• Capacity-Building for Developing Countries: The agreement focuses on empowering smaller nations by providing them with the tools, training, and funding necessary to participate equally in marine research and its benefits.
  For example: Projects funded by the Global Environment Facility (GEF) have helped build scientific and research capacities in developing nations, allowing them to compete on a global scale.
• Promoting Fair Participation of Developing Countries: By giving smaller nations a say in decision-making processes, the agreement prevents policy domination by wealthier countries.
  For example: Aligning with the WTO TRIPS Agreement, the treaty makes technology and knowledge more accessible to developing nations, reducing inequities.
• Strengthening National Implementation: By respecting national sovereignty, the agreement allows countries to manage their resources while aligning with global equity standards.
  For example: National Biodiversity Strategies and Action Plans (NBSAPs) enable countries to integrate local priorities with international goals for fair resource use.

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The BBNJ Agreement provisions on marine genetic resources underscore equity, sustainability, and accountability. By addressing historical inequities, promoting capacity-building, and regulating access to MGRs, the treaty ensures shared benefits while safeguarding marine biodiversity. Effective implementation through international cooperation will ensure the high seas remain a global heritage for future generations

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