The likely impact of the BBNJ Agreement on the architecture of ocean governance

Abstract

In June 2023, governments agreed to a new treaty on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ). Unlike most other multilateral environmental agreements that typically emerge in response to newly identified transboundary environmental issues, the BBNJ Agreement steps into an already crowded institutional landscape as a global authority with broad objectives. The challenge facing this new legal instrument is unique. It must transform the architecture of ocean governance by harmonizing existing institutions, frameworks, and bodies (IFBs) while respecting their autonomy. This study examines the numerous references to IFBs in the treaty text to shed light on how the BBNJ Agreement might affect the dynamics with and among existing IFBs. The findings suggest that the BBNJ Agreement represents a new model for multilateral environmental agreements. It relies on its capacity to orchestrate incumbent IFBs and forge a new polycentric order centered around its treaty objectives. Its institutional power is likely to be constrained by the obligation to involve relevant IFBs in its decision-making processes. But the primary strength of the BBNJ Agreement lies in the normative authority it has established. Its objectives are effectively promoted within IFBs, potentially taking precedence in the event of serious or irreversible harm to marine biodiversity. When fully implemented, the BBNJ Agreement has the potential to redefine the relationships among existing IFBs and improve their coherence for more holistic ocean governance.