Article

The Environmental Impact Assessment Regime under the BBNJ Agreement: Constitutive Logic, Operational Procedures, Practical Challenges, and Implementation Pathways

Xuexiao Yu^*

Party School of Zhejiang Provincial Committee of C. P. C, Hangzhou, China

^*Correspondence: Xuexiao Yu, Email: majiyaweili@icloud.com

Received: 2026-02-02Accepted: 2026-06-11

J. Int. Eco. Glo. Gov., 2026, 3(2), 42-59; https://doi.org/10.58244/jiegg.263566

Abstract:

Abstract: Within the BBNJ Agreement, environmental impact assessment (EIA) functions as a key procedural mechanism for managing activities with potential effects on marine biodiversity in areas beyond national jurisdiction. By operationalizing the general obligations of UNCLOS, the regime establishes a staged governance framework that combines differentiated preliminary [...] Read More.

Keywords: United Nations Convention on the Law of the Sea (UNCLOS); BBNJ Agreement; areas beyond national jurisdiction (ABNJ); Environmental Impact Assessment regime

Keywords: United Nations Convention on the Law of the Sea (UNCLOS); BBNJ Agreement; areas beyond national jurisdiction (ABNJ); Environmental Impact Assessment regime

Abstract

Abstract

Within the BBNJ Agreement, environmental impact assessment (EIA) functions as a key procedural mechanism for managing activities with potential effects on marine biodiversity in areas beyond national jurisdiction. By operationalizing the general obligations of UNCLOS, the regime establishes a staged governance framework that combines differentiated preliminary screening, science-based impact assessment, and adaptive post-authorization monitoring. Nevertheless, its effective operation is hindered by overlapping institutional mandates, persistent North–South disparities in scientific and technological capacity, conceptual indeterminacy, and the delicate balance between state authority and international soft oversight. To enhance the regime’s effectiveness, the BBNJ Agreement should promote inter-institutional coordination, expand practical avenues for capacity-building and marine technology transfer, clarify the legal meaning of key concepts and principles, and reinforce transparency and stakeholder participation throughout the assessment process. Such improvements would contribute to a more equitable and inclusive architecture of global ocean governance and strengthen the long-term protection of marine biodiversity beyond national jurisdiction.

Keywords: United Nations Convention on the Law of the Sea (UNCLOS); BBNJ Agreement; areas beyond national jurisdiction (ABNJ); Environmental Impact Assessment regime

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