“Intergenerational and Intra-generational Equity Under the BBNJ Agreement; Advancing Accountability Towards Sustainable Management of the Marine Environment”
摘要
Intergenerational and intra-generational equity have gained increasing significance in the development of international environmental law, particularly in response to the accelerating loss of marine biodiversity. The landmark Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) introduces a novel legal framework for global ocean governance, recognizing the shared responsibility of States to manage and sustainably use marine biological diversity for both present and future generations. This article examines how the BBNJ Agreement incorporates and operationalizes sustainable equity principles and assesses the implications of the inter-/intra-generational principles for advancing environmental management across theory, policy, and practice. Specifically, it explores how the common heritage of humankind principle and the precautionary approach can inform an integrated, equitable system for managing marine genetic resources (MGRs) as global commons resources in areas beyond national jurisdiction. The analysis highlights pathways for embedding accountability and stewardship in international marine policy towards future generations, and offers a framework for balancing inter-/intra-generational equity asymmetries in decision and policy-making processes. By bridging legal principles with environmental management strategies, the article contributes to more inclusive, responsible, and forward-looking stewardship of marine biological diversity in areas beyond national jurisdiction.