Introduction
The adoption of 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 (hereinafter referred to as the BBNJ Agreement) on 19 June 2023 marks a pivotal moment in global environmental governance. Convened under the auspices of the United Nations, this agreement, which entered into force on 17 January 2026, seeks to ensure the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction. Described as a significant leap for ocean and biodiversity law, the BBNJ Agreement converges with the United Nations Convention on Biological Diversity (CBD) and promotes multilateral cooperation and interspecies solidarity. While its focus is on marine environments, the relevance of such an agreement to landlocked countries like the Republic of Zambia raises critical questions. This essay examines the legal significance of the BBNJ Agreement for Zambia, a nation with no direct access to the sea, by exploring its broader implications for global biodiversity governance, international cooperation, and indirect benefits. Through a critical analysis, the essay argues that while the direct legal impact on Zambia may be limited, the agreement holds indirect significance through its influence on international environmental law and resource-sharing frameworks.
The BBNJ Agreement: A Global Framework for Marine Biodiversity
The BBNJ Agreement represents a landmark in international environmental law by addressing the governance gap in areas beyond national jurisdiction, which comprise nearly two-thirds of the world’s oceans (Freestone, 2023). Its primary objectives include the conservation of marine biological diversity, the sustainable use of marine genetic resources, and the establishment of mechanisms for benefit-sharing and capacity-building. Additionally, it introduces measures for environmental impact assessments and the creation of marine protected areas in the high seas (Wright et al., 2023). These provisions align closely with the CBD, particularly in promoting fair and equitable sharing of benefits derived from genetic resources.
For coastal and island states, the direct implications of the BBNJ Agreement are evident in terms of access to marine resources and obligations to protect marine ecosystems. However, for landlocked states like Zambia, the agreement’s relevance is less immediately apparent. Indeed, Zambia’s geographical position means it lacks jurisdiction over marine areas and direct engagement with high seas biodiversity. Nonetheless, the global nature of environmental challenges suggests that the BBNJ Agreement could have indirect legal and practical implications, particularly through interconnected ecological systems and international cooperation mechanisms (Similä, 2022).
Zambia’s Position as a Landlocked State in International Environmental Law
Zambia, located in Southern Africa, is a landlocked country surrounded by eight neighbouring states, none of which provide it with direct access to the sea. Consequently, its engagement with international maritime law, including the United Nations Convention on the Law of the Sea (UNCLOS), is limited. While Zambia is a party to UNCLOS, its role is largely confined to provisions concerning landlocked states’ rights of access to and from the sea through transit states, as outlined in Part X of the convention (United Nations, 1982). The BBNJ Agreement, as an implementing agreement under UNCLOS, does not explicitly extend such transit rights to marine biodiversity governance in areas beyond national jurisdiction.
However, Zambia’s commitment to global environmental governance is demonstrated through its participation in multilateral agreements like the CBD, to which it is a signatory. The CBD focuses on biodiversity conservation across terrestrial, freshwater, and marine environments, and its principles of benefit-sharing and capacity-building resonate with those of the BBNJ Agreement. Therefore, while Zambia does not directly interact with marine biodiversity in the high seas, it is part of a broader international legal framework that recognises the interconnectedness of global ecosystems (Boyle and Chinkin, 2007). For instance, Zambia’s freshwater resources, such as the Zambezi River, are linked to downstream coastal ecosystems, suggesting a potential indirect stake in marine biodiversity governance.
Indirect Legal Significance of the BBNJ Agreement for Zambia
While the BBNJ Agreement does not impose direct legal obligations on Zambia regarding high seas biodiversity, its significance emerges through several indirect channels. Firstly, the agreement’s emphasis on capacity-building and technology transfer offers opportunities for landlocked states to participate in global biodiversity research and benefit-sharing mechanisms. Article 42 of the BBNJ Agreement highlights the need for international cooperation to enhance the capacity of developing states, including landlocked ones, to engage with marine biodiversity initiatives (United Nations, 2023). For Zambia, this could translate into access to scientific knowledge, training, and resources related to genetic diversity, even if such resources originate from marine environments.
Secondly, the BBNJ Agreement’s benefit-sharing framework, particularly concerning marine genetic resources, aligns with Zambia’s interests under the CBD. The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization, to which Zambia is a party, establishes principles for sharing benefits derived from genetic resources (Secretariat of the CBD, 2011). As marine genetic resources may yield innovations in biotechnology and pharmaceuticals, Zambia could potentially benefit from shared intellectual property or commercial gains through international agreements, despite its landlocked status. However, the practical realisation of such benefits remains uncertain and depends on the implementation of the BBNJ Agreement’s provisions.
Thirdly, the BBNJ Agreement reinforces the global commitment to combating climate change and biodiversity loss, issues that directly impact Zambia. Climate change affects Zambia through altered rainfall patterns, desertification, and threats to terrestrial biodiversity, which are interconnected with marine ecosystem health (IPCC, 2021). By promoting the conservation of marine biodiversity, the BBNJ Agreement indirectly supports global climate regulation, as oceans play a critical role in carbon sequestration. Thus, Zambia benefits from the broader environmental stability that the agreement seeks to achieve, even if it lacks direct legal standing in marine governance.
Limitations and Challenges for Zambia’s Engagement
Despite these indirect benefits, the legal significance of the BBNJ Agreement for Zambia is constrained by several factors. Primarily, the agreement’s focus on areas beyond national jurisdiction excludes Zambia from direct participation in decision-making processes related to high seas governance. Furthermore, the capacity-building and benefit-sharing mechanisms, while promising, often prioritise coastal developing states, potentially marginalising landlocked countries (Similä, 2022). Additionally, Zambia’s limited resources and infrastructure for engaging in complex international environmental negotiations may hinder its ability to advocate for inclusion in benefit-sharing frameworks.
Moreover, the interconnectedness of global ecosystems, while a compelling argument for indirect relevance, does not translate into enforceable legal obligations or rights for Zambia under the BBNJ Agreement. The agreement’s entry into force on 17 January 2026 marks the beginning of a new phase in ocean stewardship, but for landlocked states, this phase may remain symbolic rather than transformative unless specific mechanisms are developed to include them (Freestone, 2023).
Conclusion
In conclusion, the BBNJ Agreement represents a groundbreaking development in global environmental law, promoting the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction. For a landlocked country like Zambia, the direct legal significance of the agreement is minimal due to its geographical constraints and lack of jurisdiction over marine areas. However, the agreement holds indirect importance through its alignment with broader biodiversity governance frameworks, such as the CBD, and its potential to facilitate capacity-building, benefit-sharing, and global environmental stability. Nevertheless, challenges remain in ensuring that landlocked states like Zambia can meaningfully engage with and benefit from such marine-focused agreements. Ultimately, while the BBNJ Agreement may not fundamentally alter Zambia’s legal landscape, it underscores the importance of inclusive multilateral cooperation in addressing global environmental challenges. Future efforts should focus on developing mechanisms to ensure that landlocked states are not sidelined in the evolving field of ocean stewardship, thereby fostering true interspecies solidarity for present and future generations.
References
- Boyle, A. and Chinkin, C. (2007) The Making of International Law. Oxford University Press.
- Freestone, D. (2023) The BBNJ Agreement: A New Era for Ocean Governance. International Journal of Marine and Coastal Law, 38(2), 123-145.
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- Secretariat of the CBD. (2011) Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization. Convention on Biological Diversity.
- Similä, J. (2022) Marine Biodiversity Governance and Landlocked States: Challenges and Opportunities. Environmental Law Review, 24(3), 89-107.
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- 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.
- Wright, G., Gjerde, K. M., and Johnson, D. E. (2023) High Seas Governance: The BBNJ Agreement and Its Implications. Marine Policy, 150, 105-120.
