1.2 Research problem
This thesis seeks to contribute to international law by examining the responsibility of flag States in relation to the protection of marine biodiversity in ABNJ. The analysis is grounded in the existing legal framework, where UNCLOS - often described as the ‘constitution for the oceans’(1)Peter Tzeng, ‘Jurisdiction and Applicable Law Under UNCLOS’ (2016) Yale Law Journal Vol. 126, Number 1, page 245 - and relevant rules of customary international law are the starting point. The thesis then considers the regulatory role of the IMO and its relevance for vessel-based activities affecting marine biodiversity, before turning to the BBNJ Agreement’s adoption as an implementing agreement under UNCLOS.
The BBNJ Agreement is examined as developing and operationalising pre-existing duties under UNCLOS, and it has been referred to as further specifying and strengthening requirements relating to EIAs for activities carried out under a State Party’s jurisdiction or control that may affect marine biodiversity in ABNJ(2)Warwick Gullett and Neil Craik, ‘Precautionary Environmental Impact Assessments under the BBNJ Agreement: More than a Minor or Transitory Effect on the Marine Environment?’ (2025) Ocean Development & International Law https://doi.org/10.1080/00908320.2025.2563269accessed 25.03 2026. Through this analysis, the thesis aims to clarify the scope and content of flag State responsibilities with respect to the protection of marine biodiversity in ABNJ.