Understanding the Interlinkages between Marine Carbon Dioxide Removal and the BBNJ Treaty

This paper explores the interlinkages between growing interest in marine carbon dioxide removal (CDR) in areas beyond national jurisdiction and the objectives and mechanisms under the 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). As marine CDR technologies, and deep-water blue carbon solutions, gain attention as potential climate mitigation tools, their implementation in areas beyond national jurisdiction raises critical governance and equity challenges. The BBNJ Agreement, with its emphasis on the conservation and sustainable use of marine biodiversity, and strong focus on access and benefit sharing is creates a new governance regime for the high seas that any future marine CDR will need to navigate. This paper examines marine CDR activities in light of the BBNJ Agreement, particularly in ensuring that benefits from marine CDR efforts are shared equitably, especially with developing nations and small island states. It also considers how the governance structures established under the BBNJ Agreement can help mitigate the environmental risks of marine CDR while ensuring that the benefits from carbon sequestration are fairly distributed. By exploring the synergies and tensions between the objectives of marine biodiversity conservation and the scaling of marine CDR, this paper highlights the need for integrated governance frameworks that balance environmental protection, equity in benefit-sharing, and the financing of both conservation and climate mitigation efforts in areas beyond national jurisdiction.