Protecting the ‘blue heart of the planet’: Strengthening the governance framework for marine protected areas beyond national jurisdiction

Abstract

The ongoing negotiations towards a new implementing agreement to the United Nations Convention on the Law of the Sea (UNCLOS) regarding conservation and sustainable use of biodiversity beyond national jurisdiction (henceforth, ‘BBNJ Agreement’) present a unique opportunity to begin a new chapter in ocean governance. This paper draws on expert interviews to consider how such an agreement could establish a strengthened governance framework for areas beyond national jurisdiction (ABNJ) and the potential implications for the governance and effectiveness of high seas marine protected areas (MPAs) designated thereunder. The results support calls for a BBNJ Agreement to establish a global body, with a mandate and mechanism for MPA establishment and oversight of the currently fragmented ocean governance landscape, but within a model that also incorporates bottom-up approaches including a degree of decentralisation to regional organisations and engagement with coastal communities, with conditions attached. In applying the guidance of the MPA Governance (MPAG) framework, this paper concludes that enshrining a global model along these lines would provide a strengthened basis for effective, resilient MPAs in ABNJ by adding and strengthening governance incentives across five key incentive categories. The paper concludes by looking to the final round of negotiations, where states must take ambitious stances in addressing remaining weaknesses in the draft Agreement to ensure the potential for an improved ocean governance framework is delivered upon.