The new UN high seas marine biodiversity Agreement may also facilitate climate action: a cautiously optimistic view

Abstract

Recently adopted UN high seas Agreement elaborates an overarching legal framework for the conservation and sustainable use of marine biodiversity of the areas beyond national jurisdiction. A remarkable advancement of this Agreement is a clear recognition of the need to address the impacts of climate change on marine ecosystems and biodiversity. This comment presents a cautiously optimistic view that the new legal instrument may pave the foundation for global and regional climate action for protecting marine biodiversity in a changing climate. Climate action can be integrated into area-based measures for the conservation of marine ecosystems, including the establishment of high seas marine protected areas. The Agreement also created a legal obligation to consider climate change in the process of environmental impact assessment of activities on the high seas. Therefore, this Agreement is a unique addition and reform to the international law of the sea. However, the success of the Agreement will largely depend on the widespread ratification of states and effective implementation at the regional level.