Beholding the Emerging Biodiversity Agreement through a Looking Glass

Abstract

Many developing countries do not have adequate scientific capability to benefit from the sustainable development of the ocean or to implement their international legal obligations under the Convention and related instruments. In light of this shortcoming, the chapter seeks to address fundamental questions pertaining to the adoption of new normative obligations in the bbnj Agreement on education and training in marine scientific research (msr), including the codification of gender- sensitive norms. The chapter concludes that the Agreement has the potential to be a game- changer on capacity- building if it results in the following: the establishment of a robust institutional setting for decision- making supported by the proposed clearing- house mechanism; codifies the requirements of undertaking a regular ‘needs assessment’; provides a solid legal plinth for gender equality and the empowerment of women scientists; and most importantly of all establishes a mandatory and sustainable funding stream for capacity- building. Furthermore, the negotiators should bring about transformational change in the law of the sea by addressing these issues directly at the final session of the intergovernmental conference.