Armed with a refreshed draft treaty text circulated on Sunday, delegates at the fifth session of the intergovernmental conference (IGC-5) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ) opened discussions as the final week of the meeting got underway. They met in informal informals and small-group discussions, addressing provisions on:
- marine genetic resources (MGRs), including questions on the sharing of benefits;
- environmental impact assessments (EIAs); and
- cross-cutting issues, including implementation and compliance, and dispute settlement.
In their discussions on MGRs, delegates addressed the heart of the matter in their rationalizations for or against monetary benefit-sharing provisions. Those against opined that there is little scope in distinguishing between monetary and non-monetary benefits. They noted that the track-and-trace system operationalizing monetary benefit-sharing, would prove to be costly and inefficient. Those in favor, however, posited both legal and moral arguments for sharing benefits accrued from the commercialization of MGRs from the high seas. Some lamented the lack of political will to objectively and conclusively resolve this part of the agreement.
Want to dive deeper? Read the full Earth Negotiations Bulletin daily report.
On EIAs, they addressed whether or not EIAs should have a standalone definition, and, if so, what that definition should be. They also considered thorny issues on: decision making; thresholds; and an opt-in provision that parties may extend the application of the agreement to planned activities under their jurisdiction likely to have impacts on areas beyond national jurisdiction (ABNJ).
On cross-cutting issues, delegates discussed implementation and compliance, and dispute settlement. With several new proposals on the table, delegations will require more time to successfully unravel this section, including the potential establishment of an implementation and compliance committee.
Beginning on Tuesday, 23 August 2022, delegates will also convene in bilateral and multilateral “President’s consultations” in order to build consensus on the more difficult parts of the text.
All ENB photos are free to use with attribution. For photos from BBNJ, please use the following attribution: Photo by IISD/ENB | Diego Noguera.
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Selected Photos
IGC President Rena Lee, Singapore, calls the meeting to order.
Victoria Hallum, New Zealand, facilitates discussions on implementation and compliance, and dispute settlement
Michelle Walker, Jamaica
Anais Vivanco, Mexico
Daniel Leal Matta, Guatemala
Lucía Solano, Colombia
Abby Hutchison, New Zealand
Jean Kenfack, Cameroon
Susan Whelan, Holy See
Thi Tuong Van Nguyen, Viet Nam
Qasim Aziz Butt, Pakistan, for G-77/China
Kahlil Hassanali, Trinidad and Tobago, on behalf of the Caribbean Community (CARICOM)
Salvador Vega Telias, Chile
Anna Antonova, Russian Federation
Paul Susman and Tom Diederen, EU
Delegates from Norway confer
Paraiso Souleymane Moussa, Niger
Mary-Elisabeth Chong, Singapore
Tetsuya Yoshimoto, Japan
Kathryn Youel Page, US
Stoimenova Yordanka, Canada
René Lefeber, the Netherlands, facilitator of the informal group on EIAs, and Sibylle Vermont, Switzerland
Delegates from Kenya confer following the end of the informal group on cross-cutting issues
Viviana Tinoco Monge and Gina Guillén Grillo, Costa Rica
A little octopus helps Victoria Hallum facilitate the informal group on cross-cutting issues.
Around the Venue
Pam Chasek, ENB, in discussions with members of the High Seas Alliance
L-R: Melina Lito, Jane Collins, and Rachel Lewis, UK
Khurshed Alam, Mohammad Ahtashamul Haq Khan, and Thomas Johan Vanagt, Bangladesh
Victoria Hallum, New Zealand, and IGC President Rena Lee, Singapore
Lowri Griffiths, UK, and Tallash Kantai, ENB
Matthias Fueracker, International Tribunal for the Law of the Sea (ITLOS), and Lea Kolmos Weis, International Seabed Authority (ISA)
Elizabeth Mendenhall, University of Rhode Island, and Mariana Caldeira, Deep Ocean Stewardship Initiative (DOSI)
Piero Mannini, Food and Agriculture Organization of the UN, and Despina Symons, International Union for Conservation of Nature (IUCN)
Delegates from the EU and the UK in informal discussions
Vasco Emanuel Vinagre Becker-Weinberg, Portugal, and Vladimir Jares, Director, UN Division of Ocean Affairs and the Law of the Sea (UNDOALOS)
Christine Gaebel, University of Edinburgh, reads the latest ENB.
L-R: Alice DeJuvigny Colarossi and Kent Bressie, International Cable Protection Committee (ICPC), with Blandina Pella, Indonesia
L-R: Gloria Dakwak and Babajide Alo, Nigeria, with Paraiso Souleymane Moussa, Niger
An activist outside UN headquarters
"Non-Violence" sculpture, a gift from Luxembourg to the UN