Implementation challenges of area-based management tools (ABMTs) for biodiversity beyond national jurisdiction (BBNJ)

Abstract Area-based management tools (ABMTs), including marine protected areas (MPAs) are widely recognized as a key mechanism for conserving and restoring biodiversity. The developing international legally-binding instrument (ILBI) on biodiversity beyond national jurisdiction (BBNJ) is considering a range of approaches to ABMTs. While the process is still in early stages, this paper looks ahead to anticipate implementation challenges for ABMTs, given previous experiences with regional fisheries management organizations (RFMOs) and high seas MPAs. Drawing on the implementation of MPAs under the OSPAR Convention and the Convention on the Conservation of Antarctic Living Marine Resources (CCAMLR), key suggestions revolve around: (1) improving the evidence basis for protecting BBNJ, (2) designing effective compliance and enforcement mechanisms, and (3) engaging adequately with relevant stakeholders. In addition to the case studies, which are primarily marine pollution and fishing-oriented, considerations related to mitigating the effects of deep sea mining and the harvesting of marine genetic resources are also touched upon.