Governance structure
The proposed BBNJ instrument, in its final stages of negotiation in 2020 can provide the high-level commitments needed to drive change. Area-based management, including MPAs, and benefit sharing – that links directly to the concept of fairness – have been core issues in the BBNJ negotiations. As such, the BBNJ agreement may be a critical element providing the commitments to the ongoing processes for establishment of a global network of MPAs. Notwithstanding the focus on area-based management and benefit sharing, a BBNJ treaty, will however, be linked to UNCLOS and its focus on ‘common heritage of mankind’ and ‘freedom of the seas’ buttressing a developmental approach to ocean use. A further potential constraint is that the BBNJ agreement ‘shall not undermine’ existing agreements (Tiller et al. 2018).
A ‘joined-up government’ approach is an essential requirement in the planning and establishment of a global network of MPAs. The capacity of agencies involved in the coordination of the policy process is also key to the successful implementation and contributes to effective integrated ocean governance (Vince and Day 2020). The BBNJ treaty can provide the top-down governance structure aligned to existing United Nations principles and norms. A bottom-up governance approach that incorporates MSP principles also needs to be considered in the planning of MPAs. This can build on national governments’ commitments to the BBNJ instrument and their own principles and approaches to MSP, including MPAs. The benefit sharing can then be applied in waters within national jurisdictions. Within national jurisdictions we will see area-based management applied in a variety of contexts; from single-species fisheries management to issues surrounding deep-seabed resources; from centralized fishery management systems to community and stakeholder led co-management approaches; and from small scale to large scale MSP ocean resource management. A range of instruments (i.e. state-based, market-oriented or a community-driven) can be used to support pathways to a fair ocean’s future. Engagement between key institutions and community/civil society through collaborative or co-management approaches is likely to lead to enhanced societal capacity, enhanced effectiveness of, and improved fairness in outcomes.