LCIL Friday Lecture: 'Elephants not in the room: Decoupling, dematerialisation and dis-enclosure in the making of the BBNJ Treaty' - Dr Siva Thambisetty, LSE

LCIL International Law Seminar Series

Lecture summary: This lecture examines the treatment of marine genetic resources (MGR) in the negotiations and the text of the new Treaty on Biodiversity Beyond National Jurisdiction (BBNJ). The Treaty provides a coherent governance framework for MGR including an unexpected techno-fix to the most longstanding problem of biodiversity governance, some normative novelty on principles, and a trendsetting approach to valuation of aggregate usage of genetic resources. Yet, this painstakingly formed framework continues to be buffeted by self-interested attempts to redefine and relitigate the value of genetic resources; particularly around decoupling use from access to genetic resources, dematerialisation from physical resources and dis-enclosure under legal frameworks, all of which are now stable features in this and other Treaty-making contexts. How can we better characterise the success of the BBNJ Treaty in a way that helps resist de facto erosion following ratification? Relevant papers S Thambisetty ‘The Unfree Commons: Freedom of Marine Scientific Research and the Status of Genetic Resources Beyond National Jurisdiction (Dec 4, 2023) LSE Legal Studies Working Paper No. 24/2023 87 Modern Law Review (2024) Forthcoming S Thambisetty, P Oldham, C Chiarolla, The Expert Briefing Document: A Developing Country Perspective on the Making of The BBNJ Treaty (September 21, 2023). LSE Legal Studies Working Paper No. 30/2023, Available at SSRN: https://ssrn.com/abstract=4580046 or http://dx.doi.org/10.2139/ssrn.4580046 P Oldham, Paul C Chiarolla, S Thambisetty, Digital Sequence Information in the UN High Seas Treaty: Insights from the Global Biodiversity Framework-related Decisions (January 30, 2023). LSE Law - Policy Briefing Paper No. 53, Available at SSRN: https://ssrn.com/abstract=4343130 or http://dx.doi.org/10.2139/ssrn.4343130