The governance of marine biodiversity in areas beyond national jurisdiction (BBNJ) lacks a legal framework that would ensure the conservation and sustainable use of the oceans. In order to fill this gap, governments have been negotiating a new treaty under the United Nations Convention on the Law of the Sea. Negotiations have been afflicted by polarisation between two principles: The 'Freedom of the High Seas' (FOS) and the 'Common Heritage of Humankind' (CHP). Instead of discussing the CHP from a purely legal perspective, we examined, through an ethnographic lens, how it has become a practice of contestation: it is used as a tool and negotiation technique to challenge deeply rooted inequalities in the current world order. The CHP could make a difference if it was integrated into the text as a general principle committing all states to protect and preserve BBNJ for future generations -regardless of their imminent economic value as commercial assets.

Measures related to the COVID-19 pandemic have indefinitely postponed in-person formal international negotiations for a new legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (BBNJ). As a result, online initiatives have emerged to keep informal dialogue ongoing among both state and nonstate actors. To continue our research on the BBNJ process, we adapted our methodology and conducted a survey in May 2020 exploring the impact of COVID-19 on respondents’ BBNJ-related work and communication. This research note identifies online initiatives and communication channels set up to maintain negotiation momentum and examines the challenges and opportunities of digital diplomacy for multilateral environmental agreement making, as well as the study thereof. We discuss future avenues for global environmental politics research and conclude that digital ethnographies provide an entry point to study some of these dynamics but need to be adapted to the study of negotiation settings and the specific context of multilateral environmental diplomacy.

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