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Download XMLAgreement 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
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Chile | Yes | No |
| Federated States of Micronesia | Yes | No |
| Türkiye | Yes | No |
| United Kingdom | Yes | No |
Chile
20-02-2024
The Republic of Chile declares that the provisions 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 shall be applied
and interpreted in accordance with the provisions of the United Nations Convention
on the Law of the Sea of 1982. Therefore, the Republic of Chile understands that the
Agreement is without prejudice to the sovereign rights, jurisdiction and powers of
coastal States under the Convention.
For the purposes of the relationship between the Agreement and the Convention and
other relevant legal instruments and frameworks and relevant global, regional, subregional
and sectoral bodies, the Republic of Chile declares that the Agreement shall in no
case undermine those legal instruments and frameworks, or said bodies, and that it
shall pursue coherence and coordination with those instruments, legal frameworks and
bodies, on the basis of a collaborative and non-prescriptive approach. The Republic
of Chile therefore considers that an interpretation and application that does not
undermine relevant legal instruments and frameworks and relevant global, regional,
subregional and sectoral bodies, neither the establishment of general principles and
approaches nor the strengthening and promotion of international cooperation, as provided
for in articles 5, 6, 7 and 8 of the Agreement, is essential to guiding the relationship
between the Agreement and those instruments, legal frameworks and bodies.
Chile declares that the Agreement shall in no way undermine the legal regimes to which
Chile is a party, such as, among others, the Antarctic Treaty and its related instruments
in force (the Convention on the Conservation of Antarctic Marine Living Resources,
the Convention for the Conservation of Antarctic Seals, and the Protocol on Environmental
Protection to the Antarctic Treaty and its annexes), the South Pacific Regional Fisheries
Management Organisation, the International Seabed Authority and the International
Maritime Organization.
Pursuant to article 70 of the Agreement, no reservations or exceptions may be made
to this Agreement. Therefore, declarations made by the parties in accordance with
article 71 must not exclude or modify the legal effect of the provisions of the Agreement
in respect of the party making such a declaration. The Republic of Chile declares
that it shall not take into account or be bound in any way by declarations made regarding
the Agreement by non-parties, or by declarations made by parties to the Agreement
invoking article 70 which exclude or modify the effect of the provisions of the Agreement.
The Republic of Chile also reserves the right to adopt a formal position, at any time,
on any declaration that may be made, or that has been made, by a non-party or by a
party in relation to matters governed by the Agreement. Not adopting a position or
not responding to a declaration by such States shall not be interpreted or invoked
as tacit consent or approval of that declaration.
For the purposes of the Agreement, the Republic of Chile reaffirms the declaration
it made upon ratification of the United Nations Convention on the Law of the Sea of
1982 with regard to part XV of the Convention, on the settlement of disputes. The
Republic of Chile reiterates that:
(a) In accordance with article 287 of the aforementioned 1982 Convention, it accepts,
in order of preference, the following means for the settlement of disputes concerning
the interpretation or application of the Agreement:
(i) The International Tribunal for the Law of the Sea established in accordance with
annex VI of the Convention;
(ii) A special arbitral tribunal, established in accordance with annex VIII of the
Convention, for the categories of disputes specified therein relating to fisheries,
protection and preservation of the marine environment, and marine scientific research
and navigation, including pollution from vessels and by dumping;
(b) In accordance with articles 280 to 282 of the Convention, the choice of means
for the settlement of disputes indicated in the preceding paragraph shall in no way
affect the obligations deriving from the general, regional or bilateral agreements
to which the Republic of Chile is a party concerning the peaceful settlement of disputes
or containing provisions for the settlement of disputes;
(c) In accordance with article 298 of the Convention, Chile declares that it does
not accept any of the procedures provided for in part XV, section 2, with respect
to the disputes referred to in article 298, paragraphs 1 (a), (b) and (c), of the
Convention.
Federated States of Micronesia
03-06-2024
The Government of the Federated States of Micronesia declares that its ratification
of the Agreement shall in no way constitute a renunciation of any of its rights and
entitlements under international law, particularly as reflected in the United Nations
Convention on the Law of the Sea (“Convention”).
In this connection, recognizing that areas beyond national jurisdiction are the scope
of application of the Agreement and acknowledging that the Agreement defines areas
beyond national jurisdiction to comprise the high seas and the Area, the Government
of the Federated States of Micronesia affirms that the Convention imposes no affirmative
obligation to keep baselines and outer limits of maritime zones under review nor to
update charts or lists of geographical coordinates once deposited with the Secretary-General
of the United Nations; and proclaims that the maritime zones of the Federated States
of Micronesia, as established and notified to the Secretary-General of the United
Nations in accordance with the Convention, and the rights and entitlements that flow
from them, shall continue to apply, without reduction, notwithstanding any physical
changes connected to climate change-related sea-level rise.
The identification of areas beyond national jurisdiction for the purposes of interpreting
and implementing the Agreement must therefore be fully in accordance with the declarations
made above by the Government of the Federated States of Micronesia.
Türkiye
27-09-2024
… the signature, ratification, accession, acceptance or approval 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
(BBNJ Agreement) by the Government of the Republic of Türkiye is without prejudice
to the rights and interests of Türkiye as a non-party to the United Nations Convention
on the Law of the Sea, 1982 (UNCLOS) and cannot be construed as a change in the legal
position of Türkiye with regard to UNCLOS.
Recalling Türkiye’s statement made during the adoption of the United Nations Declaration
on the Rights of Indigenous Peoples, Türkiye declares that there does not exist any
group of people in its territory which could be considered as ‘indigenous peoples’
within the framework of the Agreement.
This declaration is without prejudice to additional declarations and/or reservations
that may be made in the future by Türkiye.
United Kingdom
20-09-2023
In signing the Agreement, the Government of the United Kingdom of Great Britain and
Northern Ireland (the “United Kingdom”) recalls Article 71 of the Agreement and has
the honour to convey the following declarations:
1. The United Kingdom welcomes the general obligation to interpret and apply the BBNJ
Agreement in a manner that promotes coherence and coordination with and that does
not undermine other relevant instruments, frameworks and global, regional, subregional
and sectoral bodies. In this context, the United Kingdom notes that the Antarctic
Treaty system comprehensively addresses the legal, political and environmental considerations
unique to that region and provides a comprehensive framework for the international
management of the Antarctic.
2. The United Kingdom notes references in paragraph 8 of the Preamble to “the existing
rights of Indigenous Peoples, including as set out in the United Nations Declaration
on the Rights of Indigenous Peoples, or of, as appropriate, local communities,” and
in Article 7(k) to “the rights of Indigenous Peoples or of, as appropriate, local
communities”. The United Kingdom’s long-standing and well-established position, set
out in its annual explanation of position at the UN General Assembly on the rights
of indigenous people, is that human rights are held exclusively by individuals. With
the exception of the right of self-determination (Common Article 1 of the two International
Human Rights Covenants), the United Kingdom does not recognise collective human rights
in international law. The United Kingdom consider this important in ensuring that
individuals within groups are not left vulnerable or unprotected by allowing the rights
of the groups to supersede the human rights of the individual. The United Kingdom
therefore understands any internationally-agreed reference to the rights of indigenous
peoples or local communities, including those in the UN Declaration on the Rights
of Indigenous Peoples and, in the Agreement signed today, to refer to those rights
bestowed by governments at the national level. The United Kingdom further understands
the term “local communities” to be used consistently with the way it is used in the
Convention on Biological Diversity.