A new article co-authored by Professor Monim Benaissa, published in The Polar Journal, examines whether the world’s newest global biodiversity treaty is equipped to meet these challenges in one of the planet’s most strategically sensitive regions: the Central Arctic Ocean.
Co-authored with Mathieu Landriault (École nationale d’administration publique) and Anna Soer (University of Ottawa, School of Political Studies), the article, entitled “The Central Arctic Ocean and the BBNJ Agreement: Potential and Limitations,” examines the implications of the new BBNJ Agreement, a treaty that officially came into force in January 2026. Adopted by the United Nations in 2023, the BBNJ Agreement aims to strengthen environmental protection in marine areas beyond national jurisdiction. It is the third agreement developed to put the United Nations Convention on the Law of the Sea into practice, alongside earlier treaties on deep seabed mining and fish stocks.
While the Central Arctic Ocean would appear to fall squarely within the scope of this new legal framework, the authors argue that its implementation in the Arctic faces significant legal, political, and institutional challenges. They highlight concerns expressed by Arctic states regarding overlapping mandates, decision-making authority, and the balance between environmental protection and economic development.
The authors also examine how future developments, such as continental shelf claims and the potential expansion of deep-sea mining, could further complicate biodiversity governance in the region. By situating the BBNJ Agreement within the evolving legal and geopolitical context of the Arctic, the article makes an important contribution to current debates on ocean governance, environmental protection, and circumpolar relations at a time of heightened strategic interest in the region.
Professor Benaissa is a part-time professor with the Civil Law Section and he earned his PhD at the Faculty of Law in 2023. His thesis supervisor and co-supervisor were the Common Law Section’s Marel Katsivela and the Civil Law Section’s Vincent Caron, respectively.
The Faculty of Law congratulates Professor Benaissa on this publication.We are proud to showcase the continued scholarly contributions of our doctoral alumni and part-time faculty members.