Verfassungsblog (Mar 2023)
A New York Moment for the Oceans to join the Paris Moment for the Climate?
Abstract
The recently concluded Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction has been described as the ‚New York Moment‘ for the oceans, to join the ‚Paris Moment‘ for the climate. The Paris Agreement was considered to be such a moment, in part, because it constituted a significant paradigm shift in international environmental law, institutionally as well as substantively. The current draft of the BBNJ arguably contains a paradigm shift of comparable significance for the law of the sea in at least three respects.