A Sheep in Wolf’s Clothing? Reflections on the Institutional Nature of the New Regime for ABMTs and MPAs under the BBNJ Agreement

Abstract

This article seeks to elucidate the institutional nature of Part III of the BBNJ Agreement on area-based management tools (AMBTs), including marine protected areas (MPAs). While at first glance this new regime may appear to embody a “global” approach—that is, an institutional model wherein a strong conference of the parties (COP) plays a central role in establishing ABMTs—this article reveals that its true institutional nature is heavily decentralized. There is hence a risk of increased fragmentation of conservation efforts in areas beyond national jurisdiction. To address this challenge and promote coherence and uniformity in ABMT governance, this article advocates for the development of a robust recognition mechanism and offers reflections on how such a mechanism may be structured.