The Potential Role of the Biodiversity Beyond National Jurisdiction Treaty in Governing Marine Carbon Dioxide Removal

The IPCC and other scientific bodies have emphasized that achieving the temperature objectives of the Paris Agreement now requires large-scale carbon dioxide removal to complement efforts to decarbonize the global economy. Among the options being assessed are marine-based approaches such as ocean iron fertilization, ocean alkalinity enhancement, and ocean biomass sinking. All of these approaches could take up substantial amounts of carbon dioxide from the atmosphere, but could also pose risks to marine environments, including in the open ocean. This provides a compelling need for effective international governance. However, governance of mCDR is currently fragmented and arguably not fit for purpose, including recognizing the interests of developing countries. This roundtable will discuss the potential role of the new Biodiversity Beyond National Jurisdiction treaty to establish an effective and just regulatory framework for mCDR research and potential deployment. It will suggest key provisions of the BBNJ that might be pertinent to mCDR, as well as discussing potential legal barriers for developing this governance architecture in the future.