{"title":"BBNJ协定下环境影响评估条款在公海海洋保护区的应用:挑战与建议","authors":"Yong Wang, Xin Pan","doi":"10.3389/fmars.2025.1589936","DOIUrl":null,"url":null,"abstract":"Once the BBNJ Agreement enters into force, its environmental impact assessment (EIA) provisions will apply to high seas marine protected areas (MPAs). This paper examines current treaties and practices within four high seas MPAs and finds that the EIA provisions established by United Nations Convention on the Law of the Sea (UNCLOS) are ambiguous. The BBNJ Agreement, however, reflects a strong commitment to improving EIA laws and practices in Areas Beyond National Jurisdiction (ABNJ). Despite this progress, several challenges may arise in implementing the BBNJ Agreement’s EIA provisions in high seas MPAs. These include potential fragmentation when members of the international frameworks or bodies (IFBs) of high seas MPAs do not ratify the agreement, uncertainties surrounding the “not undermine” proviso, and ambiguities in the “due regard” principle. Additionally, the Clearing-House Mechanism (Cl-HM) under the BBNJ Agreement requires further development to cooperate with the institutions of high seas MPAs, and the fragmented EIA standards, subjects and procedures for high seas MPAs complicate the determination of equivalency with those under the BBNJ Agreement. Moreover, the EIA provisions for existing high seas MPAs appear limited. It is worth mentioning that the practices of the EIA in high seas MPAs may not be sufficient. This paper offers several recommendations for the above challenges: encouraging non-Parties to apply the EIA provisions under the BBNJ Agreement, putting forward a possible interpretation or understanding for the “not undermine” proviso and “due regard”, developing the CL-HM through the BBNJ Secretariat, and developing EIA guidelines for high seas MPAs, supported by the Scientific and Technical Body set by the BBNJ Agreement. Furthermore, members of the IFBs of high seas MPAs should enhance their EIA practices to ensure effective application of the BBNJ Agreement’s provisions in the future.","PeriodicalId":12479,"journal":{"name":"Frontiers in Marine Science","volume":"30 1","pages":""},"PeriodicalIF":2.8000,"publicationDate":"2025-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Application of the environmental impact assessment provisions under the BBNJ Agreement in high seas marine protected area: challenges and suggestion\",\"authors\":\"Yong Wang, Xin Pan\",\"doi\":\"10.3389/fmars.2025.1589936\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Once the BBNJ Agreement enters into force, its environmental impact assessment (EIA) provisions will apply to high seas marine protected areas (MPAs). This paper examines current treaties and practices within four high seas MPAs and finds that the EIA provisions established by United Nations Convention on the Law of the Sea (UNCLOS) are ambiguous. The BBNJ Agreement, however, reflects a strong commitment to improving EIA laws and practices in Areas Beyond National Jurisdiction (ABNJ). Despite this progress, several challenges may arise in implementing the BBNJ Agreement’s EIA provisions in high seas MPAs. These include potential fragmentation when members of the international frameworks or bodies (IFBs) of high seas MPAs do not ratify the agreement, uncertainties surrounding the “not undermine” proviso, and ambiguities in the “due regard” principle. Additionally, the Clearing-House Mechanism (Cl-HM) under the BBNJ Agreement requires further development to cooperate with the institutions of high seas MPAs, and the fragmented EIA standards, subjects and procedures for high seas MPAs complicate the determination of equivalency with those under the BBNJ Agreement. Moreover, the EIA provisions for existing high seas MPAs appear limited. It is worth mentioning that the practices of the EIA in high seas MPAs may not be sufficient. This paper offers several recommendations for the above challenges: encouraging non-Parties to apply the EIA provisions under the BBNJ Agreement, putting forward a possible interpretation or understanding for the “not undermine” proviso and “due regard”, developing the CL-HM through the BBNJ Secretariat, and developing EIA guidelines for high seas MPAs, supported by the Scientific and Technical Body set by the BBNJ Agreement. Furthermore, members of the IFBs of high seas MPAs should enhance their EIA practices to ensure effective application of the BBNJ Agreement’s provisions in the future.\",\"PeriodicalId\":12479,\"journal\":{\"name\":\"Frontiers in Marine Science\",\"volume\":\"30 1\",\"pages\":\"\"},\"PeriodicalIF\":2.8000,\"publicationDate\":\"2025-04-16\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Frontiers in Marine Science\",\"FirstCategoryId\":\"99\",\"ListUrlMain\":\"https://doi.org/10.3389/fmars.2025.1589936\",\"RegionNum\":2,\"RegionCategory\":\"生物学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"MARINE & FRESHWATER BIOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Frontiers in Marine Science","FirstCategoryId":"99","ListUrlMain":"https://doi.org/10.3389/fmars.2025.1589936","RegionNum":2,"RegionCategory":"生物学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"MARINE & FRESHWATER BIOLOGY","Score":null,"Total":0}
Application of the environmental impact assessment provisions under the BBNJ Agreement in high seas marine protected area: challenges and suggestion
Once the BBNJ Agreement enters into force, its environmental impact assessment (EIA) provisions will apply to high seas marine protected areas (MPAs). This paper examines current treaties and practices within four high seas MPAs and finds that the EIA provisions established by United Nations Convention on the Law of the Sea (UNCLOS) are ambiguous. The BBNJ Agreement, however, reflects a strong commitment to improving EIA laws and practices in Areas Beyond National Jurisdiction (ABNJ). Despite this progress, several challenges may arise in implementing the BBNJ Agreement’s EIA provisions in high seas MPAs. These include potential fragmentation when members of the international frameworks or bodies (IFBs) of high seas MPAs do not ratify the agreement, uncertainties surrounding the “not undermine” proviso, and ambiguities in the “due regard” principle. Additionally, the Clearing-House Mechanism (Cl-HM) under the BBNJ Agreement requires further development to cooperate with the institutions of high seas MPAs, and the fragmented EIA standards, subjects and procedures for high seas MPAs complicate the determination of equivalency with those under the BBNJ Agreement. Moreover, the EIA provisions for existing high seas MPAs appear limited. It is worth mentioning that the practices of the EIA in high seas MPAs may not be sufficient. This paper offers several recommendations for the above challenges: encouraging non-Parties to apply the EIA provisions under the BBNJ Agreement, putting forward a possible interpretation or understanding for the “not undermine” proviso and “due regard”, developing the CL-HM through the BBNJ Secretariat, and developing EIA guidelines for high seas MPAs, supported by the Scientific and Technical Body set by the BBNJ Agreement. Furthermore, members of the IFBs of high seas MPAs should enhance their EIA practices to ensure effective application of the BBNJ Agreement’s provisions in the future.
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.