2024-10-13-世界经济论坛-管理国家管辖范围以外的海洋生物多样性_私营部门的作用和机遇（英）_25页_3mb

Summary of "Governing Marine Biodiversity Beyond National Jurisdiction: Roles and Opportunities for the Private Sector"

Core Content

The BBNJ Agreement, adopted in 2023, is a significant international treaty under the United Nations Convention on the Law of the Sea (UNCLOS) aimed at the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (ABNJ). These areas, which make up over two-thirds of the global ocean, are of critical importance for climate regulation, ecosystem connectivity, and global trade and communications.

The Agreement addresses four key topics:

1. Marine genetic resources and the equitable sharing of benefits.
2. Area-based management tools (ABMTs), including marine protected areas (MPAs).
3. Environmental impact assessments (EIAs).
4. Capacity-building and the transfer of marine technology.

It also includes cross-cutting issues, such as the establishment of a Conference of the Parties (COP), subsidiary bodies, and a financial mechanism to support developing states.

Main Views from the Private Sector

Awareness and Engagement

• Awareness of the BBNJ Agreement varies among industry participants.
• Some are well-informed and see it as potentially transformative to their operations, though effects are expected to be medium- to long-term.
• Others are taking a wait-and-see approach, due to uncertainty about national government actions and implementation details.
• A few have limited familiarity with the Agreement or believe it would have negligible operational impacts.

Primary Concerns

• Area-based management tools (ABMTs), especially marine protected areas (MPAs), are a primary concern.

  • These could impose geographic restrictions on industries, increasing operating costs.
  • Some fear undermining sectoral sustainability and business-as-usual operations.
  • There is concern that additional regulations could be misinterpreted or overly burdensome.

• Environmental impact assessments (EIAs) are another area of concern.

  • Industry participants express uncertainty about the interpretation of terms like "minor and transitory" or "poorly understood".
  • They are worried that future changes to operations, such as new fishing gear or shipping routes, could trigger new and burdensome requirements.
  • There is ambiguity about jurisdictional responsibility for EIAs, especially in cases involving submarine cables or new fisheries activities.

Industry Needs

• Regulatory consistency and clarity on how the Agreement interacts with existing governance frameworks.
• Coordinated implementation that avoids fragmentation and conflicts.
• Early and sustainable financing mechanisms to support compliance and implementation.
• Strong leadership and cooperation among stakeholders to build a solid foundation for the Agreement.

Challenges

• Uncertainty about implementation details and national ratification.
• Scale mismatches between management, ecosystem, and socio-economic objectives.
• Lack of awareness and reluctance to engage among some industry actors.
• Perception of politicization in the management processes.
• Ambiguity in jurisdictional claims and overlap with existing legal instruments.

Opportunities

• Improved operational environments and harmonized regulations.
• Innovation opportunities, including data collection, new markets, and sustainable practices.
• Environmental, social, and governance (ESG) benefits, such as pollution reduction and social equity.
• Greater international attention on ABNJ issues.
• Potential for public-private partnerships to drive positive impacts and sustainable management.

Key Recommendations

1. Early and sustained engagement of the private sector in the Agreement's implementation.
2. Cooperative building of a foundation for implementation, involving governments, civil society, and industry.
3. Creative incentives for implementation and compliance, such as shared responsibility, co-ownership of strategies, and economic incentives.
4. Strive for universal ratification to ensure global applicability and effectiveness.

Conclusion

The BBNJ Agreement presents opportunities for technological innovation and enhanced international cooperation. Its implementation requires collaboration between the private sector, governments, and international organizations to ensure consistency, clarity, and effectiveness. The World Economic Forum and the UN Global Compact are well positioned to support private sector engagement and facilitate dialogue on these issues.

The private sector has a key role in the management and sustainability of ABNJ, and its early involvement is essential to shape the Agreement’s interpretation and ensure its success. The report highlights the need for transparent processes, clear communication, and collaborative frameworks to address challenges and leverage opportunities for blue economy growth and ocean health.