Mapping Opportunities: The BBNJ Agreement as a Cooperation and Coordination Framework for the Conservation of Marine Biodiversity in Areas beyond National Jurisdiction

Abstract 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), adopted in June 2023 after several decades of study, discussion and negotiation, is rapidly approaching the day when it will enter into force. Articulated around four substantive topics, many significant aspects, both procedural and substantive, will need to be articulated or further developed once its bodies become operational. This poses important questions related to the normative and operational relationship of the BBNJ Agreement with other existing global, regional, and sectoral regimes and regulatory bodies. During the initial phases of the negotiations, the discussion has focused primarily on how the BBNJ Agreement should not undermine other instruments, frameworks, and bodies, but, increasingly, the attention has shifted to cooperation and coordination. This article argues that cooperation and coordination may offer the most significant opportunities and key contributions of the BBNJ Agreement to global ocean governance and offer a map of such opportunities by way of exploring the treaty texts in relation to both substantive and institutional aspects.