Participation of Indigenous Peoples and Local Communities in the BBNJ Agreement: Legal Basis, Performance, and Prospects

What is it about?

Professor Yubing Shi is a professor of international law, school of law at Xiamen University, China. He was a member and advisor to Chinese delegation on BBNJ governmental neogtiations. In this paper, Professor SHI discussed about Indigenous Peoples and Local Communities (IPLCs) which are recognized as a highly regarded type of "non-State actor" in the realm of ecological and environmental governance. Their participation in the BBNJ Agreement not only fulfills the requirements of international law but also contributes significantly to the legislative objectives. Currently, the participation of IPLCs in the BBNJ Agreement is primarily manifested in the legislative process and the institutional arrangements of the text. The former involves both direct and indirect forms, while the latter establishes a reasonable and comprehensive framework for the participation of IPLCs, albeit with certain limitations. In order to guarantee the in-depth participation of IPLCs in the BBNJ Agreement, it is arguable that the subsequent institutional design should establish enduring mechanisms, States Parties should fulfill their legal obligations regarding IPLCs’ participation comprehensively, and ocean governance mechanisms related to the BBNJ Agreement should cooperate and maintain coherence and coordination with the Agreement.

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