After 20 years of negotiations, the BBNJ agreement, aimed at protecting marine biodiversity beyond areas of national jurisdiction, was finally issued. The BBNJ and CBD Convention, which came into force earlier, have a similar vision for biodiversity conservation and use similar management tools, so CBD has a high reference value for BBNJ. On the other hand, there are some overlaps between BBNJ and CBD in the same jurisdiction, which is the root of their legal conflicts. The analysis of the conflict of laws between BBNJ and CBD is helpful for the international community to choose multiple ways to promote international cooperation, to understand and elaborate the BBNJ Agreement in a fair way, to promote the coordination between BBNJ and CBD framework in the early stage of implementation, and to achieve the goal of comprehensive and coordinated protection of global marine biodiversity.

Zihao Fu. The Causes of Legal Conflicts between BBNJ and CBD and Pathways for Resolution. International Journal of Frontiers in Sociology (2024), Vol. 6, Issue 10: 73-79. https://doi.org/10.25236/IJFS.2024.061011.

[1] United Nations Environment Programme, International Union for Conservation of Nature. Protected Planet Report 2020 [DB/OL]. (2021-05-19)[2024-07-26]. Available at: HTTPS://WWW. UNEP.ORG/RESOURCES/PROTECTED-PLANET-REPORT-2020.  

[2] United Nations Decade of Ocean Science for Sustainable Development .Global Ocean Biodiversity Initiative (GOBI), July 24, 2024. Available at: HTTPS://GOBI.ORG/EBSAS/.  

[3] NGA. A/67/95 SECTION 13: Report 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 and Co-Chairs’Summary of Discussions, 2012.  

[4] IUCN, UNEP-WCMC. The World Database on Protected Areas (WDPA). 2023. Available at: HTTPS://WWW.PROTECTEDPLANET.NET/EN/THEMATIC-AREAS/MARINE-PROTECTED-AREAS. 

[5] Tang Yi, Wang Yi. Analysis of International Cooperation and Coordination in the Establishment of Area-Based Management Tools under the BBNJ Agreement[J]. Wuhan University International Law Review, 2023, 7(5): 1-20.  

[6] Zheng Miaozhuang. New Trends in Global Marine Protected Area Construction[N]. China Natural Resources News, 2020-06-18.  

[7] Wang Yong, Pan Xin. Research on Reasonable Restrictions on Fishing Measures in High Seas Protected Areas from an International Law Perspective – With Discussion on Coordination with the BBNJ Agreement [J]. Wuhan University International Law Review, 2023, 7(5): 102-109.  

[8] Wang Jinping. On the Practical Dilemmas and Key Points of International Legislation in the Practice of Marine Protected Areas in Areas Beyond National Jurisdiction [J]. Pacific Journal, 2020, 28(9): 57-61.  

[9] Liu Mei, Guan Jianqiang. From Regional Practices to Universal Participation: The Treaty Dilemmas of High Seas Governance under the BBNJ Agreement[J]. China Maritime Law Research, 2021, 32(2).  

[10] Fang Ruian, Zhang Lei. Global Marine Environmental Governance from the Perspective of the "Tragedy of the Commons" Theory[J]. China Maritime Law Research, 2020, 31(4).  

[11] Chen Weiguang, Han Xueying, Tang Danling. Global Ocean Governance: A Typological Analytical Framework[J]. Academic Research, 2023(5): 66-68.  

[12] Guo Ping, Li Yajie. The Concept of a Shared Future for Mankind in the Ocean and Pathways to Global Ocean Governance in the View of International Law[J]. Dalian Maritime University Journal: Social Science Edition, 2021, 20(6).  

[13] Lin Zhaoran. An Analysis of the Dispute Resolution Mechanism under the BBNJ Agreement: Voluntary, Compulsory, or Another Perspective?[J]. Wuhan University International Law Review, 2023, 7(5): 48-51.  

[14] Jiang Xiaoyi, Gao Tianyi. The Fragmentation of International Legal Regulation on the Conservation of Marine Biodiversity: Causes, Legal Dilemmas, and Pathways to Resolution[J]. Wuhan University International Law Review, 2022(6).