Background

In its resolution 72/249 of 24 December 2017, the General Assembly decided to convene an Intergovernmental Conference, under the auspices of the United Nations, to consider the recommendations of the Preparatory Committee established by resolution 69/292 of 19 June 2015 on the elements and to elaborate the text of an international legally binding instrument under the United Nations Convention on the Law of Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, with a view to developing the instrument as soon as possible. 

In accordance with resolution 72/249, the Conference will address the topics identified in the package agreed in 2011, namely the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, in particular, together and as a whole, marine genetic resources, including questions on the sharing of benefits, measures such as area-based management tools, including marine protected areas, environmental impact assessments and capacity-building and the transfer of marine technology.

The decision to convene the Conference followed from the recommendations of the Preparatory Committee established by resolution 69/292, which convened for four sessions (two sessions in each of 2016 and 2017).  In its Report of 31 July 2017, the Preparatory Committee recommended to the General Assembly elements (contained in Sections A and B of its Report) for consideration with a view to the development of a draft text of an international legally binding instrument under UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction. These recommendations note that sections A and B do not reflect consensus. Section A includes non-exclusive elements that generated convergence among most delegations. Section B highlights some of the main issues on which there is divergence of views. Sections A and B are for reference purposes because they do not reflect all options discussed. Both sections are without prejudice to the positions of States during the negotiations.

The Preparatory Committee also recommended that the General Assembly take a decision, as soon as possible, on the convening of an intergovernmental conference, under the auspices of the United Nations, to consider the recommendations of the Preparatory Committee on the elements and to elaborate the text of an instrument.

The establishment of the Preparatory Committee followed the recommendations of the Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction (Working Group), made to the General Assembly pursuant to resolution 68/70, on the scope, parameters and feasibility of an international instrument under UNCLOS.

In its recommendations, the Working Group had, inter alia, stressed the need for the comprehensive global regime to better address the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, and recommended that the General Assembly decide to develop an international legally binding instrument under UNCLOS. The Working Group held nine sessions between 2006 and 2015.