Just and enduring benefit sharing under the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement

Implementing Part II of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement is an opportunity to transform the global approach to access and benefit sharing (ABS) of biological resources, digital sequence information and traditional knowledge. The Agreement’s ‘principle of equity and the fair and equitable sharing of benefits’ (Benefit Sharing Principle) ushers in a new era of intergenerational benefit sharing norms. This article interprets BBNJ Agreement objectives, principles and obligations to conceptualise how the Benefit Sharing Principle may shape benefit sharing implementation through a systems-thinking lens. It analyses the principle’s historical, legal and geopolitical context and the role of justice concepts and values in shaping the benefit sharing architecture. It argues that the implementation phase is an opportunity to shift the focus away from regulating objects and towards regulating relationships that may better accommodate dynamic research and development value chains and diverse knowledge systems. It offers practical examples for benefit sharing implementation decisions based on multiple concepts of justice: commutative, compensatory, distributive, epistemic, generative, procedural, restorative, recognition and relational justice. Instead of transplanting dominant distributive benefit sharing ideals from other ABS fora, the BBNJ Agreement could lead the way in shaping benefit sharing modalities towards more systemic, just and enduring benefit sharing outcomes and legacies.