The drafters of the 1982 UN Convention on the Law of the Sea (UNCLOS) have left behind a lacunae
in terms of the regulations concerning Biodiversity in the Areas Beyond National Jurisdiction
(BBNJ). As living organisms are found in the deep seabed in areas beyond national jurisdiction,
as well as the utilization of marine genetic resources beyond national jurisdiction for commercial
purposes, States are currently deliberating on the proper regime in dealing with the management
and exploitation of the biodiversity. Some States argue that Part XI UNCLOS applies hence BBNJ
is also part of the Common Heritage of Mankind. On the other hand, some States believe that Part
VII UNCLOS applies which will allow individual States to exploit the resources in accordance with
the principle of the freedom of the high seas. Since 2004, the UN General Assembly has established
a Working Group to discuss the issue. Indonesia as a Party to UNCLOS which in general advocates
the importance of the rule of law in the oceans has the interest that the discussion in the UN
will allow developing countries, including Indonesia, to enjoy the result of the exploration and
exploitation of non-mineral resources at the bottom of the ocean.
