The BBNJ preamble: More than just window dressing
Sarah Louise Lothian
Abstract
This article reflects upon the preambular paragraphs of the Agreement under the 1982 United Nations Convention on the Law of the Sea (LOSC) for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ Agreement) and considers the functions and role of this introductory matter. During the Third United Nations Conference on the Law of the Sea, the delegate for Colombia, Mr Charry Samper concluded that the LOSC preamble works effectively because it includes the purposes, the principles and the philosophy of the Convention. The three P’s. This article examines the three P’s in the BBNJ context and undertakes a critical analysis of the preamble in the BBNJ Agreement to ascertain whether it encapsulates and underscores the purposes, principles and philosophy that lie behind the development of the instrument.