Assessing before Sinking: The BBNJ Agreement and the Controlled Re-Entry of Space Objects in Marine Areas beyond National Jurisdiction

Abstract This article discusses the environmental impact assessment ( EIA ) rules in 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 ( BBNJ Agreement) and its applicability to the controlled re-entry of space objects in marine areas beyond national jurisdiction ( ABNJ ). It argues that re-entry of space objects in ABNJ is within the scope of the BBNJ Agreement, and its EIA rules should apply, which include the low thresholds for triggering the preliminary step of screening, a supporting set of obligations the BBNJ Agreement sets out for EIA s, as well as cooperation and coordination with other space regimes.