Understanding the Preamble, Objectives and Principles of the BBNJ Agreement: A Focus on the Fair and Equitable Sharing of Benefits of Marine Genetic Resources
摘要
An effective implementation of the Part II of The Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) will require understanding the relevance of the legal interpretation tools referenced in the treaty text, as well as those intentionally not included (e.g., Vienna Convention on Law of Treaties). The Agreement’s Part II provides a new framework of information and benefit sharing of Marine Genetic Resources of areas beyond national jurisdiction and associated Digital Sequence Information and Traditional Knowledge. This chapter for the edited collection “Decoding Marine Genetic Resource Governance under the BBNJ Agreement” explores the three types of interpretation tools used in the Agreement: (1) preamble, (2) objectives (general and subject matter specific) and (3) principles. Each legal tool plays an important and distinct role in providing insights to the negotiators’ intent with a focus on Part II of the Agreement. The chapter urges stakeholders to understand the overall objective of the BBNJ Agreement, compromises made during the negotiations, and moreover, the innovative approaches employed in reaching consensus. Remembering and honoring the negotiators’ efforts to emphasize the “how” in operationalizing benefit sharing could avoid prolonged discussions that could delay effectively implementing the obligations to protect the largest ecosystem of the Earth.