Drivers of consensus‐based decision‐making in international environmental regimes: Lessons from the Southern Ocean

Abstract

The global environmental crisis (characterized by declines in biodiversity, transboundary pollution, habitat degradation, and climate change) has inspired international environmental regimes, such as the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR), to establish large‐scale networks of marine protected areas (MPAs) in areas beyond national jurisdiction. The Southern Ocean surrounding Antarctica comprises roughly 10% of the global ocean and plays a crucial role in regulating global climate and marine ecosystems. Although the Antarctic marine environment currently remains one of the most intact on Earth, it is threatened by fishery expansion and a rapidly changing climate. In response, CCAMLR has been developing a representative network of MPAs to sustain ecosystem structure and function, protect areas vulnerable to human activities, and conserve biodiversity. Whereas significant research has focused on the role of formal mechanisms and state power in international environmental regimes, very little is known about the role of non‐state actors and informal approaches, particularly in the negotiation of agreements to establish large‐scale networks of MPAs. Case analysis of the 2016 Ross Sea Region MPA agreement reveals that CCAMLR is undergoing a significant period of learning and institutional evolution, as actors seek novel ways to negotiate a network of Southern Ocean MPAs. Key drivers of consensus include external political dynamics, internal leadership and group dynamics, and shared concern for the future of CCAMLR and Antarctic MPAs. Actors also rely on informal principles of negotiation (such as increasing transparency, developing trust, and engaging in dialogue) to fill institutional gaps in both CCAMLR's formal structure and the current process for developing and negotiating MPAs. As environmental threats grow in complexity and scale, non‐state actors and informal negotiations will become increasingly critical to support the ongoing success of formal international institutions dedicated to protecting the ecological integrity and function of the global environment.

Antarctic krill Euphausia superba: spatial distribution, abundance, and management of fisheries in a changing climate

“…Press et al 2019), most visibly in recent controversies over proposed marine protected areas (MPAs) (e.g. Sykora-Bodie & Morrison 2019, Brooks et al 2020). Both concerns are enshrined in CCAMLR's objective since, according to Article II, '[f]or the purposes of this Convention, the term 'conservation' includes rational use' (UNTS 1329-22301;United Nations 1980, p. 49).…”

Marine protected areas in the Southern Ocean: Is the Antarctic Treaty System ready to co-exist with a new United Nations instrument for areas beyond national jurisdiction?

“…The Southern Ocean has been lauded as one of the most comprehensively managed ABNJ in the world under the auspices of the ATS [ [12] , [13] , [14] ]. Since the inception of the Antarctic Treaty (AT) in 1959, several urgent environmental and resource issues emerged and were addressed through the adoption of a series of implementing agreements, resulting in today's comprehensive ATS governance framework [ 15 ].…”

“…Neither the definition nor intent of this concept has been clearly expounded by CCAMLR, thus ‘rational use’ has become increasingly value-laden and interpreted in ways that benefit state interests [ 23 ]. This has resulted in a significant strain on CCAMLR's consensus-based policy process [ 14 ]. Additional to this semantic ambiguity, the combination of CCAMLR's overarching objective, EBM approach, and precautionary principle, have together restricted fishing in the Convention area which has vexed fishing states and further complicated policy processes, especially with regard to closing areas for conservation purposes [ 24 ].…”

“…Marine protection in the Southern Ocean is yet to offer representative refuge for increasingly threatened ecosystems, but consequently, the ATS can provide valuable insight into the environmental and political complexities of designating MPAs in ABNJ [ 14 ]. ATCPs and CCAMLR members have exercised the legal and political hegemony for Southern Ocean management for several decades now and could offer astute learnings that would enrich discussions about the necessary processes, governance mechanisms and functions of ABMTs under the new ILBI.…”

“…Historically, ATCPs and CCAMLR members have shown this same nature of reluctance towards engaging with the UN treaty system [ 56 , 57 ], which disregards the legal obligations set forth in founding ATS documents ( Table 2 ). Reasons for this include avoiding the further politization of issues; maintaining authoritative independence; and retaining the ability to resolve disputes internally [ 14 ].…”