Cleaning the High Seas: Environmental Impact Assessments under the BBNJ Agreement and the Removal of Existing Marine Plastic Pollution

Abstract

A central focus for the agreement on the conservation and sustainable use of marine biodiversity beyond national jurisdiction (BBNJ Agreement) was to clarify how environmental impact assessments (EIAs) were to be carried out for activities in areas beyond national jurisdiction (ABNJ). An emerging use of the high seas is the operation of plastic removal technologies to address existing or legacy marine plastic pollution. While initiatives to remove existing plastic pollution from the marine environment such as The Ocean Cleanup have gained significant media attention, relatively less attention has been paid to the implications of new international legal developments for regulating such plastic removal activities. This article explores the BBNJ EIA provisions for these activities, as well as the negotiations on plastic removal in the Global Plastics Treaty process. Ultimately, it provides recommendations for best practices for EIAs regarding the removal of plastic pollution from the marine environment in ABNJ going forward.