TREATY ON BIODIVERSITY IN AREAS BEYOND NATIONAL JURISDICTION: APPLICATION OF THE PRINCIPLES OF PRECAUTION AND COMMON BUT DIFFERENTIATED RESPONSIBILITIES

The Agreement on the Conservation and Sustainable Use of Marine 
Biodiversity in Areas Beyond National Jurisdiction addresses the problem of 
environmental degradation risks in these areas and the unequal distribution of global 
benefits. The objective is to analyze the application of the principles of precaution 
and common but differentiated responsibilities as instruments to balance ecological sustainability and international equity, reinforcing the legitimacy and effectiveness 
of the new treaty. The method adopted was qualitative, exploratory, and deductive, 
based on bibliographic and documentary review of international norms and 
specialized literature. The results show the consolidation of preventive protection 
and distributive justice mechanisms, with advances in marine protected areas, 
environmental impact assessments, benefit sharing, and capacity building.