Settlement of disputes in a BBNJ agreement: Options and analysis

Abstract The regulatory process on developing an internationally legally binding instrument for conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (BBNJ) under the United Nations Convention on the Law of the Sea (UNCLOS) has come to a vital stage. However, it is difficult to reach consensus by delegations on mechanisms for settling disputes. This article summarizes the current proposals for the settlement of disputes in the BBNJ Agreement. Then it proposes four criteria for assessing mechanisms for dispute settlement and applies them to existing six types of proposals. It is arguable that Article 55 of Zero Draft should be modified to adapt to the BBNJ Agreement. While provisions on “disputes of a technical nature” and “provisional measures” could be included, the proposals on “modifying Article 55 of Zero Draft through strengthening the role of ITLOS” and “applying Article 55 of Zero Draft on voluntary basis” could be treated as a starting point for further negotiations.