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This article analyzes how due regard should be interpreted in areas beyond national jurisdiction (ABNJ) in light of the BBNJ Agreement. As activity in ABNJ expands, due regard becomes central to balancing competing interests among States, non-State actors, and institutions while addressing new conflict dynamics for marine genetic resources and area-based management tools.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/due-regard-obligations-in-areas-beyond-national-jurisdiction/639492/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/due-regard-obligations-in-areas-beyond-national-jurisdiction/639492.png","ImageObject",300,407,{"name":92,"@type":93},"Terk","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-29","2026-10-22",true,{"@type":102,"interactionType":103,"userInteractionCount":14},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What does the article say due regard obligations require?","Question",{"text":112,"@type":113},"Due regard obligations require States and non-State actors to reasonably consider the rights or interests of other States or non-State actors when exercising their own rights and performing duties.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"How does the BBNJ Agreement affect interpretation of due regard in ABNJ?",{"text":117,"@type":113},"The article examines due regard in ABNJ with the BBNJ Agreement, emphasizing that it is to be interpreted and applied consistently with UNCLOS and is expected to generate new due regard dynamics.",{"name":119,"@type":110,"acceptedAnswer":120},"What gap does the article address in existing due regard scholarship?",{"text":121,"@type":113},"It argues that scholarship has mainly focused on conflicts within national jurisdiction, especially between coastal and flag States, while due regard in ABNJ has been less developed and now needs attention for conflicts involving marine genetic resources and area-based management tools.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},639492,1793037083,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":14,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":46,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":143,"read_time":31},1099525198933,"https://ap-avatar.wpscdn.com/davatar_155a257f0dc6eb9ab79c44ca47cae57d","International and Comparative Law Quarterly (2025), 74, 235–254 doi:10.1017/S0020589325101176  \nFORUM  \nDue Regard Obligations in Areas beyond National Jurisdiction  \nSo Yeon Kim1  and Youngdawng Moh2  \n1Lecturer, Essex Law School, University of Essex, Colchester, UK and 2Korea Institute of Ocean Science and Technology, Busan, Republic of Korea  \nCorresponding author: So Yeon Kim; Email: [so.yeon.kim@essex.ac.uk](so.yeon.kim@essex.ac.uk)  \nAbstract  \nDue regard obligations require both States and non-State actors to reasonably consider the rights or interests of other States or non-State actors when exercising their own rights and performing their duties. This article examines how due regard obligations should be interpreted in areas beyond national jurisdiction (ABNJ) in light of the adoption of the Agreement under the United Nations Convention on the Law oftheSeaon the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement) . As human activities in ABNJ increase, due regard obligations become crucial for balancing the competing rights and interests of States, non-State actors and relevant institutions, frameworks and bodies (IFBs). The literature and case law have mainly addressed conflicts between coastal and flag States concerning the application of due regard obligations within national jurisdictions. Different dynamics arise in ABNJ from potentially conflicting activities and disagreements between States with the same rights or interests, or those between States, non-State actors and IFBs. This article addresses this gap by analysing the new dynamics of due regard that are expected to arise concerning marine genetic resources and area-based management tools with the implementation of the BBNJ Agreement.  \nKeywords: due regard; areas beyond national jurisdiction; United Nations Convention on the Law of the Sea; BBNJ Agreement; Conference of the Parties  \n1. Introduction  \nDue regard obligations prescribe that subjects owing due regardshall reasonably consider the rights or interests of others when exercising their own rights and performing their duties. In the international law of the sea, among other sources, these obligations are found in the United Nations Convention on the Law of the Sea (UNCLOS)1 and the  \n1 United Nations Convention on the Law of the Sea (adopted 10 December 1982, entered into force 16 November 1994) 1833 UNTS 3 (UNCLOS) . Some publications have also suggested due regard to be a basic organising principle of the law of the sea. See BH Oxman, ‘The Principle of Due Regard’ in ITLOS (ed), The Contribution of the International Tribunal for the Law of the Sea to the Rule of Law: 1996–2016 / La © The Author(s), 2025 . Published by Cambridge University Press on behalf of British Institute of International and Comparative Law. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence ([http://creativecommons.org/licenses/by/4.0](http://creativecommons.org/licenses/by/4.0)), which permits unrestricted re-use, distribution and reproduction,  \nprovided the original article is properly cited.  \nDownloaded from [https://www.cambridge.org/core](https://www.cambridge.org/core. IP)[. IP](https://www.cambridge.org/core. IP) address: [166.108.237.103](166.108.237.103), on 22 Oct 2026 at 21:17:27, subject to the Cambridge Core terms of  \nuse, available at [https://www.cambridge.org/core/terms](https://www.cambridge.org/core/terms). [https://doi.org/10.1017/S0020589325101](https://doi.org/10.1017/S0020589325101)176  \n236 So Yeon Kim and Youngdawng Moh  \nAgreement under UNCLOS on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement).2  \nDue regard obligations are stipulated in 18 provisions of UNCLOS,3 yet it does not provide an authoritative definition of what constitutes ‘due regard’.4 The existing discourse on due regard obligations has prima","cbCaif7b4GJma9RO","https://ap.wps.com/l/cbCaif7b4GJma9RO","pdf",309238,"English","# Introduction\n## Due regard under UNCLOS\n## Due regard in ABNJ and the BBNJ Agreement","[{\"question\":\"What does the article say due regard obligations require?\",\"answer\":\"Due regard obligations require States and non-State actors to reasonably consider the rights or interests of other States or non-State actors when exercising their own rights and performing duties.\"},{\"question\":\"How does the BBNJ Agreement affect interpretation of due regard in ABNJ?\",\"answer\":\"The article examines due regard in ABNJ with the BBNJ Agreement, emphasizing that it is to be interpreted and applied consistently with UNCLOS and is expected to generate new due regard dynamics.\"},{\"question\":\"What gap does the article address in existing due regard scholarship?\",\"answer\":\"It argues that scholarship has mainly focused on conflicts within national jurisdiction, especially between coastal and flag States, while due regard in ABNJ has been less developed and now needs attention for conflicts involving marine genetic resources and area-based management tools.\"}]","Due Regard Obligations in Areas beyond National Jurisdiction | PDF",1792703855]