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

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.