The treaty in question is the international legally binding instrument under the United Nations (UN) Convention on the Law of the Sea. Adopted in June 2023, the agreement focuses on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). These regions, which encompass nearly two-thirds of the global ocean, fall outside the national exclusive economic zones (EEZs) and remain underregulated. The BBNJ agreement seeks to establish protections for marine biological diversity in these high seas and the deep seabed.
Professor Berry explained that the treaty regulates marine genetic resources and their digital sequencing information, recognizing the significant scientific and economic potential of these resources. He emphasized that the treaty provisions ensure that the benefits derived from marine genetic resources are shared fairly and equitably. This includes systems for capacity-building, technology transfer, resource access, and financing.
Despite the Caribbean Sea covering less than 1% of the world’s oceans, Professor Berry pointed out that Caribbean nations will be impacted by the agreement. He highlighted that the treaty does not grant benefits based on proximity, meaning that every CARICOM state, regardless of geographic location, has access to the same marine resources. For example, Jamaica holds just as much right to marine genetic resources beyond Barbados's EEZ as Barbados itself.
Professor Berry also noted the benefits for Caribbean states, including the identification and mapping of marine species to promote conservation and sustainable use. The treaty further supports area-based management techniques to rectify harmful marine practices and to prevent future damage through environmental impact assessments.
While the immediate financial benefits of marine genetic resources for the Caribbean may not be realized right away, Professor Berry stressed that the region must position itself to take advantage of potential future gains if these resources are commercialized. He warned that failure to engage with the treaty’s development could result in the region missing out on the treaty’s long-term advantages.
He underscored the urgency for CARICOM members to act decisively, particularly as key decisions about the treaty’s rules and processes will be made at the first Conference of the Parties (COP). Only states that are party to the agreement will have a voice in these critical discussions, which will shape the future of the BBNJ’s governance.
In his call to action, Professor Berry encouraged CARICOM countries to replicate the urgency and coordination they demonstrated during the treaty’s negotiation process. By doing so, they can ensure that the BBNJ agreement is developed in a way that maximizes benefits for the Caribbean region, strengthens the region’s leadership in marine conservation, and protects the future of the blue economy.
The BBNJ agreement, the result of nearly two decades of negotiations, presents both challenges and opportunities for the Caribbean.
Read more of his research here which highlights the importance of strategic action to ensure that the region’s interests are safeguarded as the treaty comes into force.