International law, the law of the sea, and the high seas as a commons : moving towards an environmental impact regime for the high seas, with special focus on the central Arctic Ocean

Verkefnið er lokað til 30.05.2099.The high seas are considered an Area Beyond National Jurisdiction and is therefore a so-called commons. No single State can lay claim to any part of the high seas, which are governed under the Law of the Sea Convention. The Law of the Sea Convention does not have a strong regime concerning environmental impact assessments, and the negotiations concerning a new implementing agreement on the high seas has the unique opportunity to create an environmental impact regime for the high seas. The Central Arctic Ocean is part of the high seas, and therefore, the regime created under this new implementing agreement will also impact the Central Arctic Ocean. Establishing an environmental impact assessment regime for the high seas is complicated by the many regulations and guidelines that have already been established, both on national and international levels, even if those mostly refer to Areas Within National Jurisdiction. One established fact however, is that environmental impact assessments are a part of international customary law. As a commons the high seas can be analysed through the lens of the “Tragedy of the Commons” and the related Prisoner’s Dilemma. However, other game theoretical analyses exist, and when one of these is used, the narrative around the “Tragedy of the Commons” tends to change. This is important for the manner in which the negotiations discuss not only environmental impact assessments, but also other topics concerning the high seas. The environmental impact assessment regime for the high seas could take some inspiration from the European Union General Data Protection Regulation, which has some important milestones for the protection of European Union citizens, and which would support the environmental protection of the Central Arctic Ocean as well