Application of the Precautionary Approach in the BBNJ Agreement from a Chinese Perspective

2023 witnessed the adoption of 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 (hereinafter ＂BBNJ Agreement＂), which features the precautionary approach. This approach, in contrast to the precautionary principle, exhibits flexibility, legal clarity, and alignment with the principle of sustainable development. The precautionary approach, applicable to the BBNJ Agreement, provides guidance for various States in their efforts to conserve and sustainably utilize marine biodiversity in situations characterized by scientific uncertainty. In its general principles and approaches, the BBNJ Agreement underscores the applicability of the precautionary approach or precautionary principle. The utilization of the precautionary approach is addressed in articles such as establishment of area-based management tools, emergency measures, and monitoring and review. Moreover, the Agreement also incorporates the precautionary approach in articles such as thresholds for conducting environmental impact assessments, decision-making, and monitoring of impacts of authorized activities. China, being a proponent of the application of the precautionary approach within the BBNJ Agreement, has made active contributions to the formulation of relevant specific provisions.