Establishing marine protected areas in the Southern ocean, lessons for the BBNJ agreement

• Main Author: LIU, Nengye
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2024
• Subjects: Antarctica; BBNJ; CCAMLR; High Seas; Biodiversity; Environmental Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/4445; https://ink.library.smu.edu.sg/context/sol_research/article/6403/viewcontent/BBNJ_av.pdf
• Institution: Singapore Management University

This paper first gives a brief overview of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)’s struggle to establish Antarctic Marine Protected Areas (MPAs). The paper then addresses the question: what lessons can countries learn from CCAMLR's experience in establishing high seas MPAs under the Biodiversity in Areas Beyond National Jurisdiction (BBNJ) Agreement? The paper finds that the final text of the BBNJ Agreement did largely reflect CCAMLR's experience when it comes to MPAs. This is particularly so with respect to 1) clarification of the relationship between conservation and use; 2) the interpretation and application of a science-based precautionary approach; and 3) consensus-based decision-making process. The paper concludes that the insights CCAMLR provides for navigating geopolitical tensions between major powers is an important reference for the future operation of the BBNJ Agreement.