International law concerning the environmental protection in Arctic: what is left behind UNCLOS and the BBNJ Agreement?

IF 3 2区生物学 Q1 MARINE & FRESHWATER BIOLOGY

Frontiers in Marine Science Pub Date : 2025-09-22 DOI:10.3389/fmars.2025.1680697

Fangling Wu, Tiansheng Li

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Abstract

The Arctic region, with its unique and fragile ecosystem, faces significant challenges in environmental protection due to climate change, increasing human activities, and geopolitical tensions. This paper examines the international legal framework governing Arctic environmental protection, focusing on the roles and limitations of the United Nations Convention on the Law of the Sea (UNCLOS) and the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement). While UNCLOS provides a foundational legal framework for ocean governance, its applicability in addressing Arctic environmental concerns should be acknowledged, as should the complementary role of the BBNJ Agreement. However, the lack of provisions specific to Arctic environmental issues creates a gap between the effectiveness of international law and the urgent need for a comprehensive legal regime tailored to the Arctic context. Furthermore, the supplementary role of the BBNJ Agreement to UNCLOS remains limited. By highlighting key challenges in the implementation of international law, including disputes over Article 234 of UNCLOS, this study underscores the urgent need for a more robust and cohesive international legal approach to ensure the sustainable future of the Arctic environment, and concludes with appropriate recommendations.

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关于北极环境保护的国际法：《联合国海洋法公约》和《北极保护区协定》留下了什么？

由于气候变化、人类活动加剧和地缘政治紧张，北极地区生态系统独特而脆弱，在环境保护方面面临重大挑战。本文考察了管理北极环境保护的国际法律框架，重点讨论了《联合国海洋法公约》（UNCLOS）和《国家管辖区外海洋生物多样性保护和可持续利用协定》（BBNJ协定）的作用和局限性。《联合国海洋法公约》为海洋治理提供了基础性法律框架，但应承认其在解决北极环境问题方面的适用性，以及《北极保护区协定》的补充作用。然而，由于缺乏针对北极环境问题的具体规定，在国际法的有效性与迫切需要建立适合北极环境的全面法律制度之间存在差距。此外，《滨海保护区协定》对《联合国海洋法公约》的补充作用仍然有限。通过强调国际法实施中的主要挑战，包括对《联合国海洋法公约》第234条的争议，本研究强调了迫切需要一个更强大、更有凝聚力的国际法律方法来确保北极环境的可持续未来，并提出了适当的建议。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Frontiers in Marine Science Agricultural and Biological Sciences-Aquatic Science

CiteScore

5.10

自引率

16.20%

发文量

2443

审稿时长

14 weeks

期刊介绍： Frontiers in Marine Science publishes rigorously peer-reviewed research that advances our understanding of all aspects of the environment, biology, ecosystem functioning and human interactions with the oceans. Field Chief Editor Carlos M. Duarte at King Abdullah University of Science and Technology Thuwal is supported by an outstanding Editorial Board of international researchers. This multidisciplinary open-access journal is at the forefront of disseminating and communicating scientific knowledge and impactful discoveries to researchers, academics, policy makers and the public worldwide. With the human population predicted to reach 9 billion people by 2050, it is clear that traditional land resources will not suffice to meet the demand for food or energy, required to support high-quality livelihoods. As a result, the oceans are emerging as a source of untapped assets, with new innovative industries, such as aquaculture, marine biotechnology, marine energy and deep-sea mining growing rapidly under a new era characterized by rapid growth of a blue, ocean-based economy. The sustainability of the blue economy is closely dependent on our knowledge about how to mitigate the impacts of the multiple pressures on the ocean ecosystem associated with the increased scale and diversification of industry operations in the ocean and global human pressures on the environment. Therefore, Frontiers in Marine Science particularly welcomes the communication of research outcomes addressing ocean-based solutions for the emerging challenges, including improved forecasting and observational capacities, understanding biodiversity and ecosystem problems, locally and globally, effective management strategies to maintain ocean health, and an improved capacity to sustainably derive resources from the oceans.