TREATY ON BIODIVERSITY IN AREAS BEYOND NATIONAL JURISDICTION: APPLICATION OF THE PRINCIPLES OF PRECAUTION AND COMMON BUT DIFFERENTIATED RESPONSIBILITIES

Abstract

The Agreement on the Conservation and Sustainable Use of Marine Biodiversity in Areas Beyond National Jurisdiction addresses the problem of environmental degradation risks in these areas and the unequal distribution of global benefits. The objective is to analyze the application of the principles of precaution and common but differentiated responsibilities as instruments to balance ecological sustainability and international equity, reinforcing the legitimacy and effectiveness of the new treaty. The method adopted was qualitative, exploratory, and deductive, based on bibliographic and documentary review of international norms and specialized literature. The results show the consolidation of preventive protection and distributive justice mechanisms, with advances in marine protected areas, environmental impact assessments, benefit sharing, and capacity building