On the implementation of the provisions concerning area-based management tools under the BBNJ Agreement

Abstract

Abstract As one of the four core components of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement), area-based management tools (ABMTs), including marine protected areas, are intended to advance the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (ABNJ). By applying conservation and management measures to geographically defined areas, ABMTs provide a mechanism for regulating human activities in ABNJ and protecting marine interests shared by humankind. However, the normative framework governing ABMTs under the BBNJ Agreement exhibits potential structural weaknesses, including textual ambiguities, procedural gaps, and insufficient coordination mechanisms, all of which hinder effective implementation. This study finds that although the Agreement formally institutionalized spatial governance tools, significant uncertainties remain concerning their scope of application, legal effects, and decision-making mechanisms. Moreover, the operation of ABMTs is deeply embedded in the fragmented architecture of existing ocean governance and therefore faces the dual challenges of institutional coordination and limited enforcement capacity. Using normative and institutional-interaction analysis, this study examines the structure and operation of the ABMT framework and proposes legal pathways to facilitate its effective implementation and improve coordination within global ocean governance.