Empowering Non-State Actors: How The Bottom-Up Approach To Customary International Law Can Foster More Effective Governance Of Areas Beyond National Jurisdiction

Abhavya Rathore, Himachal Pradesh National Law University, Shimla (HPNLU)

ABSTRACT

The United Nations Agreement on Conservation and Sustainable Use of Maritime Biodiversity in Areas Beyond National Jurisdiction, also known as the BBNJ Treaty, is considered to be an epicenter in maritime governance. Introducing the concept of the bottom-up approach in customary international law, particularly its application in the BBNJ Treaty, promises to expedite the processes and ensure inclusivity among the stakeholders who are directly engaged with the practices at the ground level. Recognising the limitations of the traditional top-bottom approach, which are limited inclusivity and flexibility, this paper elucidates the potential of a bottom-up approach to customary international law, where practices of non-state actors like NGOs, regional organisations and the fishing communities can contribute to shaping legal norms for the Area Beyond the National Jurisdiction, also called ABNJ treaty. Delving into the advantages and challenges of this approach, this paper examines the potential of the bottom- up approach to complement or even strengthen the BBNJ Treaty and foster more inclusive and responsive governance of our vast and ecologically boundless maritime horizons.