Reconsidering the Role of International Law in the Arctic: Why We Should Exercise Caution in Relying on the Biodiversity Beyond National Jurisdiction Agreement to Conserve Biodiversity in the Arctic Ocean

The recently adopted Agreement under the United Nations Convention on the Law of the Sea (UNCLOS) on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement), represents a landmark effort to protect marine biodiversity in global commons. This paper argues that the application of the BBNJ Agreement to the Arctic Ocean may be challenging due to the region’s unique ecological vulnerability, fragmented governance, and complex jurisdictional landscape. Examining the interplay between the BBNJ Agreement and existing legal governance arrangements in the Arctic Ocean, such as the UNCLOS, the paper identifies key limitations and conflicts in its implementation. It concludes that alternative legal pathways – such as a moratorium on extractive activities or a dedicated Arctic Treaty System – may offer more appropriate means of safeguarding Arctic biodiversity through precautionary, ecosystem-based, and ecocentric governance in one of the planet’s last relatively intact marine regions.