What is the Biodiversity Beyond National Jurisdiction Bill?
This Bill is currently being considered in the House of Commons and, if enacted, would ratify the UN’s Biodiversity Beyond National Jurisdiction (BBNJ) Agreement. This agreement aims to protect biodiversity in the marine environment beyond national jurisdiction, including the high seas and international seabed, which comprises two-thirds of the world’s ocean.
The purpose of the agreement is to protect marine life, safeguard biodiversity and support the recovery of ecosystems in parts of the ocean that have previously been vulnerable to overuse and exploitation.
The UN’s Biodiversity Beyond National Jurisdiction Agreement covers four main areas:
- It sets out principles for the fair and equitable sharing of benefits from marine genetic resources;
- It provides a framework for identifying and implementing area-based management tools, to protect ecosystems and support food security;
- It requires environmental impact assessments for activities in areas that may cause significant harm to the marine environment; and,
- It aims to support developing countries in implementing its provisions through cooperation and access to marine technology.
The BBNJ Bill would implement several changes and regulations to UK activities in marine areas beyond national jurisdiction. Notably, the legislation would:
- Require UK operators to apply for permission before collecting and using marine genetic resources;
- Expand marine licensing and environmental impact assessment requirements to activities in these areas;
- Provide powers for the government to implement decisions under the agreement on area-based management tools, including the creation of marine protected areas and emergency measures; and,
- Allow the government to issue directions, implement sanctions and create offences for non-compliance.
These changes will affect UK bodies operating in areas beyond national jurisdiction, including marine research organisations, shipping companies and energy and offshore project developers, who will need to ensure that their internal processes are compliant with the new legislation.
The UK Ratification Process
The legal framework for maritime governance is outlined in the UN Convention on the Law of the Sea, which defines maritime zones and sets out obligations for states to protect the marine environment. However, this convention does not include provisions for the conservation of areas beyond national jurisdiction. Therefore, the UN adopted the BBNJ Agreement in 2023 to implement measures to conserve areas beyond national jurisdiction, addressing critical gaps in ocean governance.
The BBNJ Agreement has now been ratified by 75 countries. Although the UK signed up to this agreement in 2023, the obligations do not automatically take effect in UK law. Instead, as the UK is a dualist state, the government must enact legislation to make any changes to domestic law required to implement the treaty. The government usually enacts secondary legislation to give effect to treaty provisions, which amends or inserts new sections into existing legislation. However, when a treaty obliges the UK to create new offences, introduce new powers or extend regulations to extra-territorial areas, primary legislation is required to achieve these obligations. As the BBNJ Agreement applies to areas beyond the UK’s jurisdiction, Parliament must introduce primary legislation to give effect to its provisions.
Following the passing of the BBNJ Bill, the agreement can be ratified. Under the Constitutional Reform and Governance Act 2010, the government must lay the treaty before parliament and, if parliament does not pass a resolution that the agreement should not be ratified within 21 days, the government can proceed with ratification. Then, the UK becomes legally bound by the agreement under international law.
