Interplay between the BBNJ Agreement and the Legal Regime of the Arctic High Seas

Abstract The 2023 Agreement under the United Nations Convention on the Law of the Sea on the conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction ( BBNJ Agreement) encompasses regimes concerning marine genetic resources ( MGR s), area-based management tools ( ABMT s), and environmental impact assessments ( EIA s). The Arctic high seas regime is characterised by fragmentation. Applying Oran Young’s theory of regime interplay, this article explores how the BBNJ Agreement interacts with the Arctic high seas regime, creating functional and political linkages across horizontal and vertical dimensions. Legal obligations on marine scientific research related to MGR s in the Arctic high seas could influence existing governance structures. The ABMT s regime may limit the freedom of marine scientific research and conflict with commercial fishing activities in Arctic high seas. EIA provisions and high environmental standards will shape both the types of scientific research and future fisheries management arrangements in Arctic high seas.