The triumphs, trials, and future prospects of SDG 17, as exemplified by the Biodiversity in Areas Beyond National Jurisdiction Agreement

Daniel

<h2>The ocean: one of the great global commons</h2>
Our Planet Earth should be called &ldquo;Planet Ocean&rdquo;, given that the ocean makes up over 70% of its surface and 99% of its habitable space. No matter where we live, we are connected to and depend on the ocean: it is crucial in regulating our climate and water cycle and provides us with about half of our oxygen supply through marine plankton. Since ancient times, it has provided humankind with food, connected us via trade routes and inspired international diplomacy.
Some of the ways in which the ocean is critical to human wellbeing are mentioned explicitly in the Sustainable Development Goals through SDG14: Life Below Water, and many more are implicitly captured as synergies contributing towards other SDGs (<a href="https://pure.iiasa.ac.at/id/eprint/14591/1/SDGs-Guide-to-Interactions.pdf">Griggs et al., 2017</a>).
The SDG17 on partnerships for sustainable development is no exception. The ocean&rsquo;s physical nature as a global commons requires states to come together to regulate activities within it, which contributed to the conception and rise of international law even before the 17th century (<a href="https://www.oxfordlawtrove.com/display/10.1093/he/9780198791836.001.0001/he-9780198791836-chapter-1">Neff, 2018</a>). The streamlining of centuries of international customary practice and existing agreements into a comprehensive international legal framework in the form of the <a href="https://www.un.org/depts/los/convention_agreements/convention_overview_convention.htm">1982 UN Convention on the Law of the Sea (UNCLOS),</a> which has since achieved almost universal acceptance (168 State Parties), is another testament to the ocean&rsquo;s power to catalyze international partnerships.
<h2>BBNJ: Triumph of multilateralism</h2>
One important matter that UNCLOS did not address explicitly is the conservation and sustainable use of biodiversity in areas beyond national jurisdiction (BBNJ) because biodiversity as a concept had not gained traction until after UNCLOS was adopted (see <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3395068">Mossop, 2019</a>). To fill this gap, states launched a process that, after over two decades, culminated in the <a href="https://highseasalliance.org/2023/06/19/high-seas-alliance-applauds-adoption-of-high-seas-treaty-and-calls-for-swift-ratification/">adoption of a new internationally legally binding instrument on BBNJ in June 2023</a> (see <a href="https://enb.iisd.org/marine-biodiversity-beyond-national-jurisdiction-bbnj-igc5-further-resumed-summary">IISD, 2023</a>). This was widely hailed as a triumph of multilateralism, demonstrating &ldquo;that countries can come together, in unity, for the common good&rdquo; (<a href="https://press.un.org/en/2023/sea2181.doc.htm">UN Secretary-General Antonio Guterres, 2023</a>), even against the backdrop of deepening geo-political divides (<a href="https://carnegieendowment.org/2023/03/08/high-seas-treaty-is-extraordinary-diplomatic-achievement-pub-89228">Patrick, 2023</a>).
While it is a source of optimism and hope in its own right, the importance of the new BBNJ Agreement in revitalizing the global partnership for sustainable development goes beyond the demonstration that multilateralism is alive and can deliver, as many of the provisions of the Agreement will also contribute to the fulfillment of <a href="https://www.globalgoals.org/goals/17-partnerships-for-the-goals/">SDG 17 and its targets</a> directly.
For example, the new BBNJ Agreement establishes a new framework for &ldquo;Capacity building and the transfer of marine technology&rdquo; (CBTMT). This will assist, in particular, developing countries in the implementation of the Agreement. More generally, it will also help develop marine scientific and technological capacity and share knowledge (compare SDG Targets 17.6 and 8) on the conservation and sustainable use of marine biological diversity. CBTMT under BBNJ is to be responsive to the needs and priorities of developing countries (compare SDG Target 17F). Learning from the criticism that UNCLOS&rsquo; provisions on these topics had lacked an institutional mechanism and never been properly put into practice (<a href="https://ro.uow.edu.au/theses1/557">Harden-Davies, 2018</a>), the BBNJ Agreement creates a dedicated committee to monitor and guide the implementation of the new CBTMT provisions, as well as a dedicated funding mechanism. A part of the funding for CBTMT activities under the BBNJ Agreement will come from the sharing of monetary benefits from future products derived from marine genetic resources (MGRs) from areas beyond national jurisdiction (compare SDG 17.3), which may include, for example, laundry detergents, industrial enzymes, biotech enzymes, cosmetics, nutraceuticals, and pharmaceuticals (<a href="https://www.nature.com/articles/s41893-020-0522-9">Blasiak et al, 2020</a>).
The BBNJ Agreement&rsquo;s strong provisions on CBTMT and, in particular, that monetary benefit sharing from activities related to MGRs will be shared and contribute to funding CBTMT activities were hailed by key delegations as a major win for equity (see e.g. <a href="http://www.g77.org/statement/getstatement.php?id=230619">G77</a>, <a href="https://today.caricom.org/2023/03/10/treaty-launches-new-chapter-for-equity-in-worlds-ocean/">CARICOM</a>), stating that &ldquo;a foundation has been laid for fairer treaty-making at the international level with equity, fairness, universality and consequently legitimacy at the core&rdquo; (<a href="https://www.ftbchambers.co.uk/elblog/view/the-ship-has-reached-the-shore-the-bbnj-treaty-and-contributions-of-the-african-group">Kanu, 2023</a>).
As recognized in SDG Target 17.H, the global partnership for sustainable development extends beyond state actors and also includes academics, civil society, and indigenous peoples and local communities. These groups also played a significant role in making the case for and pushing for the adoption of the BBNJ Agreement (see the statement by EU Commissioner Sinkevičius on the <a href="https://highseasalliance.org/2023/06/19/high-seas-alliance-applauds-adoption-of-high-seas-treaty-and-calls-for-swift-ratification/">High Seas Alliance website</a>).
<h2>Harnessing BBNJ momentum to revitalize partnership for sustainable development</h2>
The adoption of the BBNJ Agreement has made waves, but it is now up to all of us, in particular governments, to harness their power to revitalize the global partnership for sustainable development as a whole.&nbsp;
The UN Decade for Ocean Science (2021-2030) is an ongoing example. Synergistic and mutually supportive of the objectives of the BBNJ agreement, it aims to bring states together around their joint interest of sustainable development for the ocean, and with the potential to contribute to peaceful international cooperation more broadly (<a href="https://doi.org/10.1016/j.cosust.2023.101319">Blasiak, 2023</a>).
A number of small island states have also turned to the International Tribunal of the Law of the Sea (ITLOS) to <a href="https://www.itlos.org/en/main/cases/list-of-cases/request-for-an-advisory-opinion-submitted-by-the-commission-of-small-island-states-on-climate-change-and-international-law-request-for-advisory-opinion-submitted-to-the-tribunal/">request an advisory opinion on States&rsquo; obligations under UNCLOS to combat climate change</a>, complementing other efforts to protect our planet&rsquo;s climate &ndash; another global commons &ndash; the hearings for which started on 11 September 2023 and have attracted much attention.
As part of realizing the ocean&rsquo;s potential to revitalize the global partnership for sustainable development, states and other stakeholders must step up funding for ocean-related activities, with SDG14 currently among the least funded SDGs <a href="https://www.oecd-ilibrary.org/development/sustainable-ocean-for-all_d6a100a8-en">(OECD, 2020)</a>, to match their cross-cutting importance and potential to contribute to sustainable development gains across the SDGs.
<h2>The next steps for BBNJ</h2>
The BBNJ Agreement itself will open for signature on 20 September 2023 during the UN General Assembly&rsquo;s High Level Segment and will enter into force 120 days after the 60th Party has ratified the Agreement (for further details, see Box 1 in <a href="https://www.nature.com/articles/s44183-022-00006-2">Gjerde et al, 2022</a> ). The <a href="https://www.cbsnews.com/news/united-nations-high-seas-treaty-biodiversity-first-pact-protect-international-waters/">UN Secretary-General&rsquo;s Special Envoy for the Ocean, Ambassador Thomson, and civil society</a> hope this will be accomplished by the <a href="https://sdg.iisd.org/events/third-un-ocean-conference/">third United Nations Ocean Conference</a>, which will take place in Nice, France, in June 2025.
In the meantime, there are a variety of ways in which states and stakeholders can already advance BBNJ objectives and prepare for its early implementation and operationalization within existing frameworks (e.g. the above-mentioned UN Decade for Ocean Science) and under the auspices of the UN General Assembly (<a href="https://www.nature.com/articles/s44183-022-00006-2">Gjerde et al, 2022</a>). For example, by organizing a Preparatory Commission, they can start to prepare key documents ahead of the first BBNJ Conference of the Parties (PrepCom, see <a href="https://highseasalliance.org/resources/how-could-a-preparatory-commission-contribute-to-rapid-effective-implementation-of-bbnj/">High Seas Alliance Briefing, 2023</a>). Another possibility to add to the momentum of BBNJ would be through upfront financial commitments to support States&rsquo; ratification processes prior to entry into force of the Agreement (<a href="https://www.iucn.org/sites/default/files/2022-08/iucn-bbnj-policy-brief-finance-mechanisms-v03-final-web.pdf">IUCN, 2022</a>).
The adoption of the BBNJ Agreement has reignited hope in multilateralism and shown how states can come together to capture their diverse interests and needs in a fair and equitable manner, connected through a common goal of conserving and sustainably using the ocean, our global commons.
It is now up to all of us, in particular world leaders, to harness that momentum during the upcoming UN General Assembly High-Level week and SDG Summit, and to carry it forward by signing and ratifying the Treaty and working towards early entry into force and operationalization, unleashing its potential to contribute to the achievement of targets across the SDGs.
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How the newly adopted BBNJ Agreement contributes to the revitalization of SDG 17

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) takes decisions by voting where consensus cannot be found, which has been critical to bringing new shark species under its trade controls. Combined with many high-profile topics for discussion, voting makes CITES Conferences of the Parties (CoPs) highly dynamic events, where emotions can run high. Next to the African elephant debates, listings of commercially exploited marine species, in particular sharks and rays, have long been among the most emotionally charged discussions.

John

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) takes decisions by <a href="https://sdg.iisd.org/commentary/guest-articles/cites-voting-and-reservations-a-delicate-balance/">voting</a> where consensus cannot be found, which has been critical to bringing new shark species under its trade controls. Combined with many high-profile topics for discussion, voting makes CITES Conferences of the Parties (CoPs) highly dynamic events, where emotions can run high. Next to the <a href="https://sdg.iisd.org/commentary/guest-articles/elephant-in-the-room-cites-and-african-elephants/">African elephant</a> debates, listings of commercially exploited marine species, in particular sharks and rays, have long been among the most emotionally charged discussions.
The Convention text adopted in 1973 foresaw marine species listings. It included several provisions specifically for that purpose, while taking care not to upset the then-ongoing codification of the Convention on the Law of the Sea (<a href="https://www.un.org/depts/los/convention_agreements/convention_overview_convention.htm">UNCLOS</a>). One of these provisions is “Introduction from the Sea,” defined as the “transportation of specimens taken in areas beyond national jurisdiction into the territory of a State.” While this unique provision gave CITES a potentially broad mandate for regulating trade in species taken from the <a href="https://www.iddri.org/en/publications-and-events/blog-post/trading-experiences-what-can-global-ocean-treaty-learn-1970s">high seas</a>, the challenges in operationalizing this provision presented a major barrier for initial shark and ray listings.
After some initial successes in listing large charismatic sharks of limited commercial interest, the first major attempt to list commercially exploited sharks in Doha, Qatar, at CoP15 (2010) was <a href="https://cites.org/eng/cop/15/prop/results.php">rejected</a>. Not to be deterred, the proponents tried again at CITES CoP16 (2013) in Bangkok, Thailand. There was much nervousness about the fate of these proposals.
The first <a href="https://sdg.iisd.org/commentary/guest-articles/cites-voting-and-reservations-a-delicate-balance/">vote</a> in Committee I on adding three species of hammerhead sharks to CITES Appendix II was <a href="https://cites.org/sites/default/files/common/cop/16/sum/E-CoP16-Com-I-Rec-10.pdf">carried</a> by the narrowest of margins. In a secret ballot vote, 92 voted in favor, 42 against, and eight abstained. It was followed by cheers that could be heard across the conference hall. The oceanic whitetip and porbeagle shark were also successfully listed at CoP16. What had happened?
<h1>Lead up to CoP16: Lessons learned</h1>
While there were many factors contributing to this shift in the voting pattern, some stand out.
A Standing Committee working group led by Roddy Gabel (US) and Fabio Hazin (Brazil) proposed a <a href="https://cites.org/sites/default/files/eng/cop/16/doc/E-CoP16-32.pdf">solution</a> to operationalizing “Introduction from the Sea,” conceived by Hazin and run past the Secretariat over dinner in 2012, that found initial agreement with a majority of parties at the Standing Committee, and would later be adopted at CoP16.
Also between CoP15 and CoP16, parties, stakeholders, and the Secretariat started to work on implementation support for potential future listings, with the EU <a href="https://cites.org/sites/default/files/common/cop/16/sum/E-CoP16-Com-I-Rec-10.pdf">committing</a> funding to support implementation, and several other parties and stakeholders developing and circulating implementation support tools, in particular identification guides.
Last but not least, proponents of the listings agreed to an 18-month delayed entry into force to allow countries to resolve any technical implementation challenges. It was this overall package of measures that convinced enough parties to support the proposed listings.
<h1>CoP16: The breakthrough</h1>
The successful Appendix II listing of commercially harvested sharks at CoP16, despite narrow margins, was a major breakthrough. With dedicated funding for capacity building for marine species, and the establishment of a dedicated staff position for marine issues in the CITES Secretariat, the Secretariat was able to forge a closer <a href="https://cites.org/sites/default/files/eng/prog/shark/docs/Sharks_E_fsht04_partnerships.pdf">working relationship</a> with the Food and Agriculture Organization of the UN (FAO), and many other entities working on fisheries, focused on practical issues of joint interest. At the same time, parties and stakeholders also continued to invest in capacity building and implementation support tools, lowering the barrier for future listings significantly.
<h1>CoP17, CoP18, Cop19: Carrying forward the momentum</h1>
These efforts were well received by many parties, as demonstrated by the consecutive adoption of additional listing proposals for commercially exploited sharks, with ever growing voting margins, and the <a href="https://cites.org/sites/default/files/document/E-Res-12-06-R18.pdf">modernization</a> of CITES’ long-term guidance on the conservation of sharks at CITES CoP18 in Geneva, Switzerland. CITES CoP19 in Panama City, Panama, saw the most ambitious shark proposal yet, with the host country and 40 co-sponsors proposing listing the entire family of requiem sharks, including the most caught shark, the blue shark, in Appendix II. CoP19 also saw, for the first time in CITES history, a shark proposal <a href="https://enb.iisd.org/convention-international-trade-endangered-species-wild-fauna-flora-cites-cop19-daily-report-17nov2022">adopted by consensus</a>.
This long streak of shark listings being adopted brings the number of shark species listed under the Convention close to 200, which shows that parties have decided that CITES has an important role in the regulation of international trade in sharks.
<h1>Reviewing implementation</h1>
The decision to list a species within CITES Appendices is only the beginning. It is critical that CITES delivers real conservation outcomes for the listed shark species. Monitoring of the implementation of the listings has rested with the CITES Animals Committee, in particular its shark working group. The Secretariat’s reports to the working group and its deliberations show a mixed picture.
There has been significant investment in implementation, but concerns have been raised in <a href="https://www.traffic.org/publications/reports/missing-sharks-a-country-review-of-catch-trade-and-management-recommendations-for-cites-listed-shark-species/">reports</a> and <a href="https://cites.org/sites/default/files/eng/dec/valid19/E19-Dec.pdf">decisions</a> about an “apparent mismatch between the trade in products of CITES-listed sharks recorded in the CITES Trade Database and what would be expected against the information available on catches of listed species.” Similarly, a 2018 <a href="https://cites.org/sites/default/files/eng/com/sc/70/E-SC70-34.pdf">review</a> of the implementation of the Introduction from the Sea provisions also paints a mixed picture. We have yet to see a Review of Significant Trade for any of the newly listed sharks, which is CITES’ peer review of implementation and its “safety net.”
<h1>New partnership for implementing shark listings</h1>
It is also key that support for implementation does not ebb off. There remains a need for capacity building, targeted research, and <a href="https://www.bmuv.de/en/topics/nature-species-protection/species-protection/international-species-protection/improving-synergies-between-regional-fishery-bodies-and-cites-authorities">initiatives</a> that continue to build bridges between CITES and fisheries actors. Currently, it is largely individual parties and civil society that continue to fund and support this important work.
CITES has initiated, or joined, many important partnerships to enhance implementation, including the International Consortium on Combating Wildlife Crime (<a href="https://sdg.iisd.org/commentary/guest-articles/interagency-cooperation-at-its-best-iccwc-what-next/">ICCWC</a>) on enforcement in 2010, <a href="https://www.informea.org/en">InforMEA</a> on information in 2011, the <a href="https://www.fao.org/forestry/wildlife-partnership/93139/en/">Collaborative Partnership on Sustainable Wildlife Management</a> on sustainable use in 2013, the UN Conference on Trade and Development (UNCTAD) on <a href="https://unctad.org/news/cites-secretariat-and-unctad-join-forces-assist-customs-authorities-regulate-trade-wildlife">e-permitting in 2014</a> and <a href="https://unctad.org/project/blue-biotrade-promoting-sustainable-livelihoods-and-conservation-marine-biodiversity">Blue BioTrade in 2020</a>, and the International Tropical Timber Organization (<a href="https://www.itto.int/">ITTO</a>) on trees through the CITES <a href="https://cites.org/eng/news/pr/EU_contributes_8_million_Euro_support_CITES_tree_species_programme_protection_African_elephants_14072017">Trees Programme</a> in 2017.
The time has clearly arrived for a bold new partnership on implementing CITES shark listings. Such a partnership should be of the same scale as what CITES initiated through ICCWC and the tree species programme. Partners in a CITES sharks programme could include the Convention on the Conservation of Migratory Species of Wild Animals (CMS), FAO, and regional fisheries management organizations (RFMOs).
<h1>Looking ahead to the next 50 years</h1>
After getting off to a 40-year slow start, over the past decade, CITES’ 184 parties have shown an ever-growing appetite to entrust the Convention with regulating the international trade in sharks. Whether or not that trend continues, CITES already has its work cut out for it. It is now critically important to demonstrate that the listings are well implemented and translate into conservation benefits on the ground.
This will involve continuing to support parties in implementation, building bridges between CITES and fisheries actors at all levels, from national authorities to Secretariats of relevant international bodies, and establishing new partnerships.
If CITES can rise to the occasion, the future looks bright for the Convention’s role in regulating international trade in marine species.
This article is also published on <a href="https://sdg.iisd.org/commentary/guest-articles/cites-growing-role-in-international-shark-conservation/">SDG Knowledge Hub</a>. illuminem Voices is a democratic space presenting the thoughts and opinions of leading Sustainability &amp; Energy writers, their opinions do not necessarily represent those of illuminem.

Daniel Kachelriess

Daniel Kachelriess

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