Publication Type

Journal Article

Version

acceptedVersion

Publication Date

7-2024

Abstract

This paper first gives a brief overview of the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR)’s struggle to establish Antarctic Marine Protected Areas (MPAs). The paper then addresses the question: what lessons can countries learn from CCAMLR's experience in establishing high seas MPAs under the Biodiversity in Areas Beyond National Jurisdiction (BBNJ) Agreement? The paper finds that the final text of the BBNJ Agreement did largely reflect CCAMLR's experience when it comes to MPAs. This is particularly so with respect to 1) clarification of the relationship between conservation and use; 2) the interpretation and application of a science-based precautionary approach; and 3) consensus-based decision-making process. The paper concludes that the insights CCAMLR provides for navigating geopolitical tensions between major powers is an important reference for the future operation of the BBNJ Agreement.

Keywords

Antarctica, BBNJ, CCAMLR, High Seas

Discipline

Biodiversity | Environmental Law

Publication

Marine Policy

Volume

165

First Page

1

Last Page

7

ISSN

0308-597X

Identifier

10.1016/j.marpol.2024.106216

Publisher

Elsevier

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.1016/j.marpol.2024.106216

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