The realization of equity in ABMTs, including MPAs, under the BBNJ agreement for marine ecosystem resilience strength in the climate change context

Abstract

Conservation and sustainable utilization of marine biodiversity in the context of climate change are unavoidable issues for the international community. The BBNJ Agreement, which regulates equity, is being opened for signature as an implementation agreement of UNCLOS after years of international negotiations. The ABMTs, including MPAs, are regulated by the BBNJ Agreement. The role of ABMTs, including MPAs is closely related to climate change response. Its approaches include building ecosystem resilience in response to climate change stress. When interpreting and implementing articles concerning ABMTs, including MPAs, equity should be followed. To what extent do the interpretation and implementation of these articles reflect equity? According to the VCLT, ‘Common action’ and ‘special consideration’ are representative elements of equity. Under the indicators of ‘common action’ and ‘special consideration’, some articles related to the submission of proposals, decision-making, implementation, monitoring, and review processes of ABMTs, including MPAs, are formulated with ambiguous expressions. These ambiguous expressions may not be conducive to the contracting parties fully adhering to equity in the interpretation and implementation of ABMTs, including MPAs. To address these ambiguous expressions, the contracting parties may implement subsequent practices, based on the VCLT. First, the contracting parties may ask the STB to stipulate that the consultation procedure may be concluded after a certain time. Second, the contracting parties may clarify the positioning of particularly affected contracting parties in measuring the efforts exhausted to reach a consensus. Third, the contracting parties may make a declaration. The declaration could indicate that the disproportionate burden in the implementation of the ABMTs, including MPA measures imposed under the objectives, should be considered in supporting developing states.