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.