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On 4 March 2023, after almost 20 years of negotiations, United Nations Member States announced the an agreed text of an implementing agreement under the UN Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction, referred to as the Biodiversity Beyond National Jurisdiction Agreement (“BBNJ Agreement”).

Marine  areas beyond national jurisdiction cover about 50 percent of the Earth’s surface; their health is key to the biodiversity and wellbeing of our planet. Until now, a weak patchwork of international and regional legal regimes has governed activities there, including fishing, deep-sea mining, and shipping, leaving the areas’ crucial ecosystems vulnerable to overfishing and the damaging effects of climate change.

The adoption and implementation of the BBNJ Agreement marks a critical step towards filling these gaps in international environmental governance by creating a framework that preserves the oceans’ status as part of the “common heritage of humankind.” The BBNJ Agreement seeks to responsibly balance competing interests in areas beyond national jurisdiction by protecting marine biodiversity while advancing opportunities for scientific discovery and promoting sustainable development. The agreed text of the BBNJ Agreement will come into force only once sixty States have ratified it.

States and private companies alike now wonder: How will this new framework under international law impact their interests, rights, and obligations? How will the BBNJ Agreement be enforced, and how will it work in tandem with existing international laws and regional and international governing bodies?

This roundtable discussion will explore these issues, considering the following questions:

• What is in the BBNJ Agreement and how does it differ from existing regimes governing activities in areas beyond national jurisdiction?
• What obligations and rights will States party to the Convention have under the BBNJ Agreement?
• How will the BBNJ Agreement impact private companies and commercial activities?
• How will the BBNJ Agreement be implemented and enforced?

Introduction:
Christina Hioureas, Partner and Co-chair of the International Litigation and Arbitration Department and Chair of the United Nations Practice Group at Foley Hoag
Rena Lee, Singapore’s Ambassador for Oceans and Law of the Sea Issues and Special Envoy of the Minister for Foreign Affairs

Moderators:
Erica Harrington, Associate, Foley Hoag
Nick Renzler, Counsel, Foley Hoag

Confirmed Speakers:
Thembile Joyini, Acting Chief State Law Adviser (International Law), South African Foreign Ministry
Former Ambassador Eden Charles, Lecturer, Faculty of Law, University of the West Indies; former Chairman of the BBNJ Preparatory Committee
Adnan Awad, Senior Technical Advisor for Oceans at the UN Development Programme
Neil Popović, Frank C. Newman Lecturer, University of California, Berkeley Law School
Kilaparti Ramakrishna, Director of Marine Policy Center and Senior Advisor to the President on Ocean and Climate Policy

6:00 - 6.30 Welcome reception
6.30 - 8:30 Discussion
8:30 - 9:30 Reception
*all times in Eastern Time

In person at Foley Hoag LLP
1301 Avenue of the Americas
New York, NY

We have a limited number of seats. Pleaser register in advance.

Or online via Zoom