From the procedural report of the BBNJ Preparatory Committee, 31/07/17 :
With regard to the common heritage of mankind and the freedom of the high seas, further discussions are required.
With regard to marine genetic resources, including the question of the sharing of benefits, further discussions are required on whether the instrument should regulate access to marine genetic resources; the nature of these resources; what benefits should be shared; whether to address intellectual property rights; and whether to provide for the monitoring of the utilization of marine genetic resources of areas beyond national jurisdiction.
With regard to measures such as area-based management tools, including marine protected areas, further discussions are required on the most appropriate decision-making and institutional set up, with a view to enhancing cooperation and coordination, while avoiding undermining existing legal instruments and frameworks and the mandates of regional and/or sectoral bodies.
With regard to environmental impact assessments, further discussions are required on the degree to which the process should be conducted by States or be “internationalized”, as well as on whether the instrument should address strategic environmental impact assessments.
With regard to capacity-building and the transfer of marine technology, further discussions are required on the terms and conditions for the transfer of marine technology.
Further discussions are required on institutional arrangements and the relationship between the institutions established under an international instrument and relevant global, regional and sectoral bodies. A related issue that would also require further attention is how to address monitoring, review and compliance.
With respect to funding, further discussions are required on the scope of the financial resources required and whether a financial mechanism should be established.
Further discussions are also required on settlement of disputes and responsibility and liability.