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Opinion – Traditional Knowledge and its Role within the BBNJ Agreement

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yesterday

As the world marks World Environment Day on 5 June, it is worth reflecting on a landmark development in international environmental governance that entered into force earlier this year: the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement). Adopted in June 2023 after nearly two decades of negotiations, the Agreement entered into force on 17 January 2026 and has been celebrated as the most significant development in ocean governance since the adoption of the United Nations Convention on the Law of the Sea (UNCLOS).

The treaty seeks to strengthen the conservation and sustainable use of biodiversity in areas beyond national jurisdiction (ABNJ), the high seas that fall outside the control of any individual State yet remain integral in the planetary systems. While much attention has focused on the Agreement’s provisions relating to marine genetic resources, environmental impact assessments, marine protected areas and capacity-building, one of its most significant features has received comparatively less attention, i.e. its recognition of traditional knowledge. At first glance, the inclusion of traditional knowledge may appear to be a technical addition to a conservation treaty. In reality, it raises a more profound question: whose knowledge counts in governing the global commons?

International environmental law has historically relied on scientific expertise as the primary foundation for environmental decision-making. This approach is rooted in a dominant Euro-Western understanding of the relationship between humans and the natural world, one that often conceives of nature as external to human society and available for management, conservation or exploitation. Within this framework, expert-led and technical governance structures have become the primary mechanisms through which environmental policies are formulated and implemented. At present, one cannot negate the value of scientific knowledge in understanding biodiversity loss and ecological change, especially given the multifaceted challenges present today. However, it is vital to remember that it is not the only way of knowing and relating to the environment.

According to World Intellectual Property Organization (WIPO) and Fikret Berkes who has written extensively on traditional ecological knowledge, conceptualises........

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