Areas beyond national jurisdiction: a study on capacity, effectiveness of marine protected areas, and the role of non-governmental organizations

Abstract

Areas beyond national jurisdiction (ABNJ) are managed and governed by a patchwork of laws and organizations. Even though these areas constitute 64% of the ocean surface and are vitally important for food, trade, and the environment, only 1.18% of these areas are protected in a marine protected area (MPA). States are currently negotiating a new Implementing Agreement under the United Nations Convention on the Law of the Sea to better manage and conserve ABNJ. This dissertation explores the conservation and management of ABNJ and examines capacity for the conservation and management of ABNJ, the effectiveness of ABNJ MPAs, and the role of non-States in the designation of ABNJ MPAs. Results show capacity could be enhanced by increasing opportunities for training and education, increasing coordination and cooperation, developing a clearinghouse mechanism, and increasing priorities and awareness for ABNJ. While governance of ABNJ MPAs is strong, MPAs could be more effective though increased focus on management and through increased protections of vital areas and ecosystems not as represented in current MPAs. Non-States, specifically non-governmental organizations, have influenced the creation of MPAs in ABNJ and could continue to influence ABNJ MPAs through increasing awareness of the public and policy/decision-makers, pushing States to act on MPAs, and monitoring or conducting research. The January 2020 draft text of the new Implementing Agreement addresses many of these concerns, but States must embrace these concepts and act quickly to effectively conserve and manage ABNJ.