Reflections on the Environmental Impact Assessment in the BBNJ Agreement: Its Implications for the Conservation of Biological Diversity in the Marine Arctic beyond National Jurisdiction

Abstract

The BBNJ Agreement will affect legal frameworks for the conservation of marine biological diversity in various regions of the world ocean and the marine Arctic is no exception. As biological diversity in the marine Arctic is particularly vulnerable, the implications of the BBNJ Agreement for the conservation of biological diversity in the marine Arctic deserves serious consideration. Of particular note is the procedure for an environmental impact assessment (EIA). Given that damage to the environment may be irreversible, it is a prerequisite to conduct an EIA before authorizing planned activities, with a view to preventing environmental harm. An EIA constitutes a crucial element in the conservation of the marine environment, including biological diversity. Hence, this article examines the potential implications of the procedure for an EIA as set out under the BBNJ Agreement for the conservation of biological diversity in the marine Arctic beyond national jurisdiction.