The Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction, which came into force on Jan 17, has given fresh momentum to global ocean governance while presenting a challenge: translating global commitments into effective action.
The deep sea is rich in resources and performs vital ecological functions. Effective implementation of the BBNJ Agreement therefore requires a balanced approach to resource development and environmental protection.
The deep seabed has abundant mineral resources for energy transition and industrial development. Additionally, deep-sea organisms offer significant opportunities for biotechnology innovation.
However, the environmental risks in the deep sea are complex, crossing national and sectoral boundaries. Seabed development can alter habitats for benthic organisms, while sediment plumes and discharges may affect surrounding waters. These impacts may combine with other marine activities and climate change pressures. Therefore, environmental protection in the deep sea must consider the interconnected nature of ecosystems and the long-term effects of various activities, necessitating stronger coordination among existing governance mechanisms.
These mechanisms have specific mandates. The International Seabed Authority regulates mineral-related activities in international seabed areas; regional fisheries management organizations govern fishing activities within their respective mandates while the International Maritime Organization sets rules for shipping safety and prevention of pollution. The BBNJ Agreement strengthens biodiversity governance through provisions on marine genetic resources and benefit-sharing, area-based management tools and environmental impact assessments.
Effective coordination among these frameworks requires clear distinctions between resource categories and institutional mandates. Yet the impact of different activities on the same ecosystem necessitates information exchange and management coordination among relevant institutions.
The BBNJ Agreement must operate within the existing ocean governance framework. This means respecting the existing mechanisms while cooperating to enhance conservation outcomes.
The ISA's regulations on mineral resource exploitation remain under negotiation. Issues such as environmental management, monitoring, inspection, oversight and benefit-sharing require further consensus.
Implementing the BBNJ Agreement needs to progress alongside the development and refinement of the ISA's mineral resource regulations.
Environmental impact assessments for deep-sea activities exemplify the need for coordination. A single activity may require impact assessment under different frameworks, but this does not necessarily mean that two separate assessments must be conducted.
Article 29 of the BBNJ Agreement provides that parties need not conduct an additional assessment if one carried out under another relevant mechanism meets equivalent requirements.
Going forward, clear methods for comparison and reporting could be developed around key elements such as the scope of assessments, baseline data, cumulative impacts, public participation and follow-up monitoring. Area-based management tools also require cooperation. Identifying protected areas, setting conservation objectives and implementing sectoral measures should fully consider the views of competent authorities and stakeholders.
Our understanding of deep-sea ecological baselines, species distribution and ecosystem recovery after disturbance is incomplete. Development activities should be carefully assessed based on applicable law, potential harm and the capacity to control risks.
Article 7 of the BBNJ Agreement identifies the precautionary approach and the use of the best available science and scientific information as general principles. This means taking necessary measures based on the best available science, even amid uncertainties, rather than waiting for all questions to be answered.
Under Article 30, screening is required when a planned activity may have more than a minor or transitory effect, or when its effects are unknown or poorly understood.
Article 38 further requires the Scientific and Technical Body to develop relevant standards or guidelines.
Implementing these provisions involves translating broad principles into practical assessment methods and criteria for determining risk. Assessments should consider the ecological characteristics of different marine areas, including habitat sensitivity, extent of disturbance and ecosystem recovery potential.
China has actively participated in the BBNJ Agreement negotiations, demonstrating its support for multilateralism and commitment to global ocean governance. As implementation progresses, China can make further constructive contributions through scientific research, institutional development and international cooperation.
Through the BBNJ Agreement and other related mechanisms, China is expected to propose concrete measures that balance conservation with sustainable use, in a way to make institutional operations more transparent and predictable.
China can improve data management and sharing mechanisms, facilitate the exchange of scientific data and research findings while safeguarding relevant rights and interests, and support scientists in contributing to the development of international standards, guidelines and assessment methodologies.
In addition, the country can also strengthen domestic implementation arrangements for the BBNJ Agreement by aligning implementation with existing marine legal frameworks, enhancing coordination among relevant maritime authorities, and clarifying the obligations of relevant entities.
There is also the possibility of deepening capacity-building cooperation with developing countries.
Through joint research voyages, scientific cooperation, personnel training and exchanges of appropriate technologies, China can help other countries improve their capabilities in marine surveys, monitoring and environmental assessment, as well as their participation in international decision-making.
This will enable more countries to participate meaningfully in the conservation and sustainable use of marine biodiversity.
The author is a professor at the Law School and a senior researcher at the Institute of Marine Development, Ocean University of China.
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