Urgent Steps Taken for Maritime Biodiversity Treaty

As the Preparatory Commission convened for its inaugural session today, discussions centered on the critical need to advance the newly adopted treaty on maritime biodiversity. Key speakers, including Elinor Hammarskjรถld, Under-Secretary-General for Legal Affairs, emphasized the urgency of action to protect the world’s oceans, which face unprecedented challenges. With financial support already in place, the Commission aims to ensure that the treaty’s implementation is both effective and inclusive.

Significance of the Maritime Biodiversity Treaty

The treaty, officially known as 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, was adopted on June 19, 2023. This landmark agreement represents a significant step towards safeguarding marine ecosystems that have long suffered from overexploitation and environmental degradation. Hammarskjรถld highlighted the importance of this achievement, urging Member States to work collaboratively to prepare for its implementation. She called for a spirit of compromise and flexibility, which was crucial during the treaty’s negotiation process.

Financial backing is already available, with the Global Environment Facility allocating up to $34 million to support ratification and initial activities. So far, 30 countries have received assistance, with additional funding options for others. The establishment of a voluntary trust fund aims to help developing nations participate in the Preparatory Commission’s meetings, reinforcing the need for collective action in addressing marine biodiversity challenges.

Preparatory Commission’s Agenda and Goals

The first session of the Preparatory Commission, scheduled from April 14 to 25, 2025, will focus on practical issues related to the treaty’s entry into force. Commission Co-Chair Adam McCarthy emphasized the urgency of the situation, noting that the treaty currently has 112 signatories, with 21 ratifications. The agreement will come into effect 120 days after the sixtieth ratification is deposited. The Commission aims to address governance, operational mechanisms, and financial structures through informal working groups, ensuring that all voices are heard in the decision-making process.

During the session, Member States will discuss the rules of procedure for the Conference of the Parties, which is expected to convene within a year of the treaty’s entry into force. The discussions will include considerations for inclusivity, particularly for developing countries and small island states, which are often disproportionately affected by marine biodiversity loss. The goal is to create a governance structure that reflects the needs and priorities of all stakeholders involved.

Member States’ Perspectives on Inclusivity and Governance

Throughout the session, delegates expressed the need for inclusivity in the treaty’s implementation. Cuba’s representative hailed the agreement as a victory for developing nations, advocating for a binding mechanism for technology transfer to protect marine biodiversity. The representative from Iraq, speaking on behalf of the Group of 77 developing countries and China, emphasized the importance of considering the unique circumstances of small island developing states and least developed countries in the treaty’s governance structure.

Calls for dedicated representation for small island states in the Conference of the Parties were echoed by several delegates, highlighting the necessity for their voices to be included in discussions that directly impact their communities. The African Group’s representative stressed that meaningful participation must encompass all African nations to ensure fairness in negotiations. Various Member States also debated the logistics of meetings, with suggestions for hybrid formats to facilitate broader participation.

Challenges and Considerations Ahead

As discussions progressed, some delegates raised concerns about the treaty’s operational aspects. New Zealand’s representative called for consensus language in the rules of procedure, while the United Kingdom emphasized the need for robust institutional arrangements. Others, including representatives from Tรผrkiye and Egypt, highlighted the importance of geographic representation and accessibility in decision-making processes.

However, differing opinions emerged regarding the treaty’s environmental standards and their implications. The Russian Federation’s delegate cautioned against potential overreach in establishing protected marine areas, while China’s representative clarified that the agreement only pertains to areas beyond national jurisdiction, urging a focus on conservation without being influenced by territorial disputes.

As the Preparatory Commission continues its work, the emphasis remains on transforming the treaty’s potential into tangible actions that will protect marine biodiversity for future generations. The upcoming sessions will be crucial in shaping the framework for effective governance and collaboration among nations.


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