Appiott, Joseph T.2018-09-042018-09-042018http://udspace.udel.edu/handle/19716/23746Increasing exploitation of resources in marine areas beyond national jurisdiction (ABNJ), combined with concerns over potential legal and policy gaps, are driving interest in enhancing the institutional and regulatory framework for conservation and sustainable use of biodiversity in ABNJ. Such approaches are being examined primarily in the context of ongoing deliberations at the global level for a new international instrument for biodiversity in ABNJ, in which relative consensus has emerged for regional-scale approaches, collaboration among sectoral authorities, and the use of area-based management tools, such as marine protected areas (MPAs). Such approaches are discussed very generally, both in the deliberations and the literature, with little focus on means to enable effective application of cross-sectoral area-based management at the regional level in ABNJ. In light of the differing capacities and characteristics among regions, is it important to further examine the enabling factors and capacities required for the successful development and implementation of such approaches. ☐ In an effort to address this gap, this dissertation focuses on identifying and characterizing the conditions for (i) successful development and (ii) effective implementation of cross-sectoral, area-based management tools, such as MPAs, at the regional scale in ABNJ. These findings can provide critical insights for States and international organizations interested in pursuing and/or facilitating such approaches or in need of guidance as to where to focus their efforts and political capital, including institutionalization of the approach, capacity development, and facilitation of multilateral collaboration at the regional scale. It will also inform the ongoing negotiations on a legally-binding international instrument for ABNJ, as the conditions, capacities, and approaches for effective cross-sectoral management are key aspects to address when considering how such an agreement may be implemented. ☐ The first study examines efforts to advance cross-sectoral, area-based management at the regional level in ABNJ in the North-East Atlantic and the Sargasso Sea in order to identify and characterize enabling conditions for the development of such initiatives. Through the application of a framework composed of regional characterization and regime formation attributes, the analysis elucidates the conditions under which such initiatives have emerged and evolved. The study examines factors such as regional identity, interdependence, and regional institutional character, and how these influence the form and evolution of the approach taken to engender cross-sectoral ABNJ management collaboration. It identifies two relatively distinct types of approaches, the institutional approach and the coalition approach, and discusses how these emanated from distinct regional characteristics. It applies lessons and observations to a region where a major regional initiative has not yet taken hold, the Western Indian Ocean. It identifies unique challenges that arise in developing regions, and how global and regional institutions can provide support in addressing these challenges. The study then highlights challenges that arise in regional-scale ABNJ management collaboration, and discusses the role that a global instrument could play in facilitating the attainment of global standards of conservation and sustainable use by regional ABNJ management regimes and access to the tools and support needed to do so. ☐ The second study examines national-level capacity needs for implementation of a regional MPA located in ABNJ. Through a theory of change approach, the study analyzes the capacities required to operationalize the enabling factors for implementation (e.g., political support, legal basis, science and information management, enforcement) using experiences in MPA implementation within exclusive economic zones (EEZs) and implementation of sectoral area-based management tools in ABNJ. It characterizes capacity needs that are unique to ABNJ management and that require dedicated ABNJ capacity development, as well as capacity needs that are the same as those required for EEZ management. It also stresses the role of international organizations and non-flag States in mitigating costs of ABNJ management to individual States, and stresses the need to link capacity to exploit and benefit from ABNJ resources with the capacity to manage the impacts of these activities. The study also highlights the need to develop a joint mechanism among various global and regional processes focused on either a individual managed areas or networks of managed areas in a region as a means to address capacity needs at different levels for area-based management in ABNJ. ☐ Finally, the dissertation highlights common themes and challenges across the two studies, including the potential for cross-sectoral approaches to alter the dynamics of regional collaboration due to differing State memberships to various types of conventions and the potentially differing motivations of Coastal States and non-Coastal States. It also stresses the need for a future global instrument for ABNJ to ensure a balance between priorities for resource use and needs for conservation, recognizing that much of the interest in ABNJ is for equitable access to its resources, in addition to conservation. It presents recommendations for the means by which a new global instrument for ABNJ could address some of the challenges identified in the study, including by providing global standards for risk aversion and principles for management across regions, while also providing different regions with the necessary flexibility to undertake collaboration and management in line with their unique circumstances and enabling mechanisms that already enjoy political support and existing capacities to support more cross-sectoral approaches to management in ABNJ.Social sciencesHealth and environmental sciencesAreas beyond national jurisdictionBiodiversityCapacityHigh seasOcean governanceRegionalThesis1050392610https://doi.org/10.58088/7qc1-jh822018-07-23en