Dispute Settlement in the New Treaty on Marine Biodiversity in Areas beyond National Jurisdiction

Abstract

In this note (published on the NCLOS blog) the author analyses the draft provisions for dispute settlement in the draft BBNJ Treaty. The draft text is compared to dispute settlement provisions in the UN Fish Stocks Agreement and recommendations are made to expand the provisions in the BBNJ text. The note also considers two suggestions made during IGC3: to make ITLOS the default forum for dispute settlement and the option of an advisory opinion.