The BBNJ agreement and liability
Date of Original Version
The Biodiversity Beyond National Jurisdiction (BBNJ) negotiations are approaching the final phase, with significant urgency to conclude an agreement. But the current draft text lacks provisions for liability and compensation. This short communication investigates that absence, and its impact on consistency with UNCLOS and implementation effectiveness. It also considers existing models for liability and compensation, and questions why the Group of 77+China coalition has backed off its insistence on such provisions. In other words, the paper answers the “what,” “why,” and “how” for the inclusion of liability and compensation in the BBNJ agreement.
Publication Title, e.g., Journal
Mendenhall, Elizabeth, and Kahlil Hassanali. "The BBNJ agreement and liability." Marine Policy 150, (2023). doi: 10.1016/j.marpol.2023.105549.