Encouraging proactive governance of marine biological diversity of areas beyond national jurisdiction through Strategic Environmental Assessment (SEA)

The international legal agreement on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction (the BBNJ Agreement) currently being developed by the United Nations will be the foundation for conservation and sustainable use of these marine areas for the foreseeable future. As presently formulated the draft text seems more oriented to a reactive approach, based on the use of Environmental Impact Assessment (EIA) to respond to proposals rather than proactively pursuing what needs to be done to ensure sustainability of ocean ecosystems in ABNJ. In this paper we argue that a Strategic Environmental Assessment (SEA) process could transform the way that the BBNJ agreement approaches conservation and sustainable use. By conceptualising SEA as a process designed to facilitate strategic thinking it can facilitate a proactive approach to ecosystem function conservation and enable transitions toward sustainability. We outline and describe a SEA process that could be incorporated into the BBNJ Agreement. This process would be consistent with the currently proposed structure of the Agreement and the EIA process that is currently envisaged. The proposed process comprises two interacting tracks of SEA and Marine Protected Area/Area-based Management Tool (MPA/ABMT) development. The process would also facilitate engagement of the full range of regional and global stakeholders required for effective governance of Areas Beyond National Jurisdiction (ABNJ).