National Security Challenges to Implementing the BBNJ Regime on Marine Genetic Resources

The 2023 BBNJ treaty’s provisions on marine biodiversity may undermine both biological and military security, preventing states from joining the agreement. The treaty, formally titled the Agreement under UNCLOS on the Conservation and Sustainable Use of Marine Biodiversity of Areas Beyond National Jurisdiction, is commonly known as the BBNJ Treaty. Adopted on June 19, 2023, it protects biodiversity in areas beyond national jurisdiction (BBNJ). The United States signed the agreement on September 20, 2023, to expand marine-protected areas. The treaty regulates marine genetic resources (MGR), which implicates biotechnology. Biotechnology involves companies developing products from marine genetic resources. MGRs have commercial and scientific uses, including cancer treatments and drugs like remdesivir to fight COVID and azidothymidine (AZT). The treaty mandates data sharing through the “Clearing House Mechanism” (ClHM). But the treaty excludes intellectual property rights, forcing U.S. marine biotech firms to share trade secrets, benefiting foreign competitors and raising economic and security concerns. The U.S. Office of Naval Research (ONR) and the Defense Advanced Research Projects Agency (DARPA) have also disclosed high seas research programs. Amid economic competition with China, the US accelerates innovation, transparency goals clash with the prevailing imperative of security.