The models said retroactive. The treaty says prospective.
Both Claude Opus 4.7 and Sonnet 4.6 told users that the BBNJ Agreement's marine genetic resource obligations reach back to pre-entry-into-force specimens. Article 10(1) says the opposite, and most parties confirmed it with formal non-retroactivity declarations.
📅 Published 7 Jun 2026⚙️ Methodology v2.3🌊 BBNJ Agreement 2023 · UNTC · EIF 17 Jan 2026
Retroactive vs prospective — the most consequential wrong answer on the high seas
The BBNJ Agreement entered into force on 17 January 2026. Both models were asked whether its marine genetic resource obligations reach back to specimens collected before that date. Both said yes.
Article 10(1) is plain: the provisions "apply only to resources collected and generated after the entry into force of this Agreement for each Party." Most parties confirmed this at ratification with formal non-retroactivity declarations.
Model answer (both models)
MGR obligations reach pre-EIF specimens
Retroactive reading — directly contradicted by Art. 10(1)
BBNJ Agreement Article 10(1)
Prospective only — post-EIF resources
Confirmed by non-retroactivity declarations from most parties
BBNJ Agreement, Article 10(1)The provisions of this Part apply only to resources collected and generated after the entry into force of this Agreement for each Party, including marine genetic resources and digital sequence information on marine genetic resources from areas beyond national jurisdiction.
Additional findings
Wrong article citations and EIA threshold errors
Beyond the temporal inversion, the audit found that both models cited wrong article numbers when stating rules they otherwise got directionally right, the sort of error that looks superficially correct until someone checks the reference. The environmental impact assessment threshold probe produced additional failures on the specificity of the screening criteria.
Both models placed pre-EIF specimens inside the MGR obligation scope. Article 10(1) and non-retroactivity declarations from most parties say the opposite.