The second session of the Intergovernmental Conference (IGC) on an international legally binding instrument (ILBI) under the UN Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ) opened on Monday, March 25, 2019. Delegates heard general statements before discussing Marine Genetic Resources (MGRs), based on the President’s Aid to Negotiations. Opening IGC President Rena Lee (Singapore) opened the session, inviting participants to observe a moment of silence to mark the passing of Amb. Virachai Plasai, Permanent Representative of Thailand to the UN and other recent tragedies. Lee urged delegates to build on the excellent start at ICG-1, highlighting that 2019 marks UNCLOS’ 25th anniversary. Miguel de Serpa Soares, Secretary-General of the IGC, Under-Secretary-General for Legal Affairs and UN Legal Counsel, drew attention to relevant developments in different fora, including the: – work on Ecologically or Biologically Significant Marine Areas (EBSAs) under the Convention on Biological Diversity (CBD); forthcoming global assessment on biodiversity and ecosystem services by the Intergovernmental Panel on Biodiversity and Ecosystem Services (IPBES); and – forthcoming report on the Ocean and Cryosphere in a Changing Climate from the Intergovernmental Panel on Climate Change (IPCC). General Statements Many delegations welcomed the President’s Aid, noting that it provided a sound basis for discussions. Palestine, for the G-77/CHINA, stressed the need for the elaboration of a zero draft of an ILBI for consideration by IGC-3. Algeria, for the African Group, highlighted the importance of balanced progress on all package elements. Belize, for the Alliance of Small Island States (AOSIS), underlined the need for an ILBI to consider the capacity of Small Island Developing States (SIDS) to contribute and benefit from conservation and sustainable use of BBNJ. The EU echoed calls for a viable framework for conservation and sustainable use of BBNJ, and suggested that IGC-2 concentrate on processes and mechanisms to deliver treaty functions. Nauru, for the Pacific Island Forum (PIF), called for the ILBI to include the role of traditional knowledge (TK) and indigenous peoples in the conservation and sustainable use of BBNJ. Barbados, for the Caribbean Community (CARICOM), proposed identifying areas of convergence to ensure a more concise text. Fiji, for the PACIFIC SIDS (P-SIDS), noted that the President’s Aid could contain more options related to the reversal of the effects of climate change. Chile, for Like-Minded Latin America Countries (Argentina, Brazil, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Panama, Paraguay, Peru, Dominican Republic, and Uruguay) called on all delegations to provide the rationale for specific approaches during IGC-2, with a view to move onto a zero draft at IGC-3. Stressing the need for a universal agreement to promote full implementation, Colombia, on behalf of El Salvador, Eritrea, Iran, and Turkey, reiterated that their participation does not affect their legal status as non-parties to UNCLOS, calling for this position to be reflected as a non-optional text in the President’s Aid. Thailand prioritized the common heritage of humankind (CHM) as the underlying principle, and, with Paraguay, for Landlocked Developing Countries (LLDCs), highlighted the importance of instruments like the Convention on Biological Diversity’s (CBD) Nagoya Protocol and the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) for MGRs in the Area. Turkey said the ILBI should be consistent with relevant CBD decisions on the conservation and sustainable use of biodiversity and MGRs. Myanmar called for the ILBI to complement existing treaties and frameworks and to respect UNCLOS principles on freedom of navigation and CHM; and, with Morocco, underscored the sovereign rights of adjacent coastal states. Iceland ILBI’s decision-making process. Drawing attention to marine litter, Ecuador proposed that MGR exploitation should consider the effects on ocean dynamics. PIF drew attention to the challenges presented by ocean plastics, with Indonesia noting that transboundary issues, such as pollution, are becoming an increasing concern. Guatemala cautioned that without capacity building and transfer of marine technology, states would not be in a position to implement the future instrument in a balanced way. The Holy See identified five legal gaps in the process: a foundational gap; a jurisdictional gap; a legal applicability gap; an economic gap; and a gap between the notions of CHM and the freedom of the high seas. Iran emphasized that all countries should benefit from BBNJ and that a new ILBI should not undermine existing instruments. Bangladesh expressed support for the inclusion of both monetary and non-monetary benefit-sharing mechanisms. Eritrea stressed that a new treaty should be future-proof, addressing challenges related to climate change and technological advancement. China called for: a balance between conservation and sustainable use; a fair agreement, taking into account the common interests of humankind; and universal participation in the ILBI to enhance implementation. Norway prioritized a regime that is: functional, pragmatic, and promotes innovation and cost effectiveness in relation to MGRs; establishes procedures and promotes transparency, openness, and accountability for ABMTs; establishes principles and procedures to streamline how states can implement EIAs; and establishes a more efficient system for CB&TT. The Federated States of Micronesia (FSM) called for the President’s Aid to acknowledge the connectivity of TK and its holders to marine species, and further called for elaborating capacity building, and, with MALI, transfer of marine technology. Canada noted BBNJ issues cannot be resolved in isolation, noting the need for appropriate solutions, conservation tools, mitigation activities, and collaboration to meet common objectives. The Republic of Korea cautioned against premature consensus building, preferring to build on progress from previous sessions. JAPAN noted that the President’s Aid reflects differences in the interpretation of UNCLOS and underlined the need to seek a mutually satisfactory way to move forward, preferring not to spend too much time on details but rather focus on substantive issues aimed at bringing parties together. The US underlined the need for an agreement that meets the legitimate interests of all states, adding that the only way to achieve a strong, broadly supported agreement is to negotiate text in a meeting format conducive to this. For more information please visit: https://www.un.org/bbnj/content/second-substantive-session