LKI- EU Conference on ‘Biodiversity Beyond National Jurisdiction’ Agreement

November 24, 2023    Reading Time: 3 minutes

Reading Time: 3 min read

The Lakshman Kadirgamar Institute of International Relations and Strategic Studies (LKI), in partnership with the Delegation of the European Union to Sri Lanka and the Maldives, hosted their fourth joint conference titled: ‘Biodiversity Beyond National Jurisdiction (BBNJ) Agreement.’ The conference was also supported by the Max Planck Foundation and the Friedrich Naumann Foundation. The session was inaugurated by Hon. M.U.M Ali Sabry MP, Minister of Foreign Affairs and Chairman of the Lakshman Kadirgamar Institute, and H.E Carmen Moreno, Ambassador of the European Union to Sri Lanka and the Maldives.

Delivering the opening remarks, Amb. Ravinatha Aryasinha, Executive Director of LKI, thanked the European Union for supporting the conference and remaining committed to strong ocean governance and maritime security in the Indian Ocean. The Executive Director also outlined the importance of incorporating the BBNJ Agreement into multilateral development strategies, especially with the current backdrop of Sri Lanka’s Chairmanship of the Indian Ocean Rim Association and the upcoming Conference of Parties in December 2023.

Hon. M.U.M Ali Sabry, Minister of Foreign Affairs, emphasised Sri Lanka’s commitment to preserving biodiversity and promoting sustainable economic growth with ocean resources at the heart of the country’s strategy. In the context of the Foreign Minister’s recent visit to Mauritius in his capacity as the Chair of the IORA Council of Ministers, he reiterated Sri Lanka’s priorities under the theme “Strengthening Regional Architecture: Reinforcing Indian Ocean Identity” and how international cooperation beyond national jurisdiction is vital for dealing with the consequences of climate change.

The conference featured two panel discussions that focussed on different aspects of the BBNJ Agreement, bringing together ambassadors, diplomats, practitioners and Sri Lankan and international experts in law, governance and conservation. The panellists discussed and analysed a wide range of issues relating to the BBNJ Agreement and emphasised the important role of international legislation in upholding marine conservation commitments and preserving biodiversity in the Indian Ocean and beyond. 

The first panel discussion titled ‘Governance and Policy Perspectives Towards the BBNK Agreement’ was moderated by H.E. Dr Felix Neumann, Ambassador of Germany to Sri Lanka and the Maldives. The panel was composed of Tilanie Silva, Deputy Legal Advisor in the Ministry of Foreign Affairs of Sri Lanka; S.T.K.K Fernando, Director (Biodiversity) in the Ministry of Environment of Sri Lanka; H.E. Jean-Francois Pactet, Ambassador of France to Sri Lanka and the Maldives; and Asela Rekawa, Chairman of the Marine Environment Protection. 

The panellists collectively described the BBNJ Agreement as a ‘landmark agreement’ and that it is the first treaty that links climate change policy and the Law of the Sea. Panellists also discussed the disproportionate impact of climate change on the Indian Ocean and that the BBNJ is especially valuable for IORA member states. The treaty is broad and ambitious, but there is strong support from all European Union member states to ratify and implement the BBNJ Agreement.

The second panel discussion titled ‘Challenges and Way Forward for the BBNJ Agreement’ was moderated by Nilupul Gunawardena, Research Fellow (Global Governance) at Lakshman Kadirgamar Institute. The panel was composed of Prof. Vasco Becker-Weinberg, President of the Portuguese Institute of the Law of the Sea; Dr Prabath Jayasinghe, Head of the Marine Biological Resources Division at the National Aquatic Resources Research and Development Agency; and H.P.K Hewapathirana, Director of the Operation Division at the Department of Fisheries and Aquatic Resources. 

Prof. Vasco Becker-Weinberg opened the discussion with a presentation on the High Seas Treaty, Marine Protected Areas and the European Union’s engagement with the BBNJ Agreement. This was followed by a presentation from Dr Prabath Jayasinghe on capacity-building initiatives for the implementation of the BBNJ Agreement in developing countries and the extension of the BBNJ Agreement to address additional concerns regarding sustainable resource management. H.P.K Hewapathirana then shared her perspective on the challenges of sustainably managing Sri Lanka’s ocean resources and the impact that has on fish stocks and the fisheries sector.

Each panel discussion also featured a question and answer session, which welcomed comments from distinguished guests and addressed other important topics relating to the BBNJ Agreement. Topics included, but were not limited to, the evolution of the BBNJ Agreement, the need to address legal and environmental frameworks within national jurisdiction as well as beyond it, the role of international technical assistance from bilateral partners, the need for a holistic blue economy approach to economic development to sustainably utilise Sri Lanka’s ocean resources, the evolving role of Marine Protected Areas, and the importance of consulting coastal communities to implement government-led marine policies at a local level.

The session was closed by Prof. Vasco Becker-Weinberg, who summarised the discussions and reiterated the points made by expert panellists throughout the conference.