International cooperation and coordination in the Global Legislation of High Seas ABMTs including MPAs: Taking OSPAR practice as reference

Abstract

In the negotiation of the new Agreement on the conservation and sustainable use of marine Biodiversity Beyond National Jurisdiction (BBNJ), how to resolve potential overlaps, inconsistencies and conflicts between the new Agreement and relevant global, sectoral and regional instruments, framework and bodies (IFBs) on the issues about Area-Based Management Tools (ABMTs) including Marine Protected Areas (MPAs) in ABNJ, is a key matter on the table. To explore how establishing high seas ABMTs including MPAs via the BBNJ might work in practice, this paper selects the practice of OSPAR and NEAFC as an example of regional cooperation. It finds that in the absence of top-down authority, this regional cooperation cannot fill the functional and geographical gaps, or harmonize different instruments relating to establishing and managing the High Seas ABMTs including MPAs. It then examines the challenges under a centralized global structure proposed in BBNJ negotiation, and proposes a practical global structure for cooperation and coordination. It suggests that a global decision-making body and their subordinates under the BBNJ may be empowered with different authorities under different scenarios. They may act as "cooperation initiator" and “conflict coordinator” of the ABMTs including MPAs where there is relevant IFBs, achieving objectives by coordinating with existing mechanisms; or act as “gap filler” by directly establishing and managing ABMTs including MPAs where there is no IFBs. This decision-making body should be empowered to develop general objectives and indicative criteria for the identification of areas, establish or designate ABMTs including MPAs, and strengthen monitoring and review.