Addressing the Ocean-Climate Nexus in the BBNJ Agreement: Strategic Environmental Assessments, Human Rights and Equity in Ocean Science

Elisa Morgera, Kirsty McQuaid, Giulia La Bianca, Holly Niner, Lynne Shannon, Mia Strand, Sian Rees, Kerry Howell, Bernadette Snow, Alana Malinde Sn Lancaster, Warwick Sauer

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Abstract

The Agreement on Marine Biodiversity of Areas beyond National Jurisdiction (BBNJ Agreement) opens a new path in international law towards addressing issues at the ocean-climate nexus, as well as considering implications for the protection of human rights and achieving equity among States in the context of ocean knowledge production and environmental management. Based on an interdisciplinary reflection, the new international obligations on strategic environmental assessments (SEAs), and new institutional arrangements, are identified as crucial avenues to addressing climate change mitigation and ensuring fair research partnerships, mutual capacity-building and technology co-development between the Global North and South. SEAs can also support integrated implementation of other parts of the BBNJ Agreement and contribute to the broader effectiveness of the general provisions of the United Nations Convention on the Law of the Sea on the protection of the marine environment, within and beyond national jurisdiction.

Original languageEnglish
Pages (from-to)447-479
Number of pages33
JournalInternational Journal of Marine and Coastal Law
Volume38
Issue number3
DOIs
Publication statusPublished - 19 Jul 2023

ASJC Scopus subject areas

  • Oceanography
  • Geography, Planning and Development
  • General Environmental Science
  • Management, Monitoring, Policy and Law
  • Law

Keywords

  • Areas beyond national jurisdiction
  • Climate change
  • Ecological connectivity
  • Ecosystem services
  • Equity
  • Marine biodiversity
  • Research
  • Strategic environmental assessment

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