The influence of Antarctic governance on marine protected areas in the Biodiversity Beyond National Jurisdiction Agreement negotiations

Abstract

With the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement adopted, the negotiations process left questions related to what would be included in the final text and how the BBNJ Agreement architecture would function. The Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR), an international body, has successfully established high seas marine protected areas (MPAs), a key aspect of the BBNJ Agreement. Here, we investigate if and how CCAMLR has influenced negotiations on the BBNJ Agreement and how it may influence the forthcoming structure. This work used ethnographic notes and documents from the negotiations and interviews with actors who overlapped at both the BBNJ negotiations and the CCAMLR meetings to elucidate themes of influence that CCAMLR has had on the BBNJ negotiations. We found that CCAMLR is influencing the BBNJ negotiations in several ways, including through setting precedent and as an example for lessons learned. Additionally, we found that there was a divergence of views on whether CCAMLR would be considered a competent body by the decision-making mechanism of the BBNJ Agreement to establish MPAs due to the issues CCAMLR faces on reaching consensus. We found that some aspects of CCAMLR, such as the exclusivity (i.e., restricted to only actors working within the CCAMLR space) was perceived negatively by interviewees, thus affecting the BBNJ Agreement negotiations through hidden red lines. With the BBNJ Agreement adopted, there is still the potential for CCAMLR to be an example for the BBNJ structure and to be a participant in the BBNJ Agreement architecture.