The entry into force of the Agreement on marine biological diversity of areas beyond national jurisdiction and the extractivist frontier. Emerging challenges for ocean governance

Abstract

The ratification and entry into force of the Agreement under the United Nations Convention on the Law of the Sea (UNCLOS) on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction, referred to as the BBNJ, constitutes a landmark in the architecture of contemporary ocean governance. Beyond introducing a specialized regime for the biological diversity in two strategic areas –high seas and the Area–, the BBNJ converges with international debates over the expansion of deep-sea mining. This is particularly relevant given the increasing demand for critical minerals within the energy transition and other advanced manufacturing.

Adopting an International Relations perspective, this article analyzes the BBNJ at the nexus of geopolitical dynamics, specifically the hegemonic competition for strategic natural resources central to the technological race and the discussions on
multilateralism.