Webinar: Dispute settlement under the BBNJ Agreement

Online webinar: Dispute settlement under the BBNJ Agreement

The Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) successfully concluded a new international binding instrument on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction on 4 March 2023. As an implementing agreement of the United Nations Convention on the Law of the Sea (the Convention), Part IX of the BBNJ Agreement incorporates the compulsory dispute settlement system under the Convention, and, at the same time, introduces some new conditions and limitations for the exercise of jurisdiction.

Part IX is a compromise that reflects the different views of States on the scope of compulsory dispute settlement during the negotiations. This raises interesting questions regarding how compulsory dispute settlement may apply under the Agreement, and to what extent it differs from the Convention.

On Tuesday 2 May 2023 the Judicial Jurisdiction Project of the Netherlands Institute for the Law of the Sea (NILOS) and the Utrecht University Centre for Water, Oceans and Sustainability Law (UCWOSL) of the School of Law of Utrecht University together with the Te Kauhanganui Tātai Ture-Law Faculty at Te Herenga Waka-Victoria University of Wellington held a Webinar on “Dispute Settlement under the BBNJ Agreement”. This webinar convened a panel of experts who discussed the dispute settlement provisions of the new BBNJ Agreement

Speakers and chair

  • Kentaro Nishimoto: Negotiating the Dispute Settlement Provisions of the BBNJ Agreement
  • Joanna Mossop: Implementing the Dispute Settlement Provisions of the BBNJ Agreement
  • Millicent McCreath: Advisory Opinions under the BBNJ Agreement and the Protection of Community Interests
  • Chair: Lan Nguyen (Senior Research Associate, NILOS)