THE PARTICIPATION OF NON-STATE ACTORS IN THE BBNJ AGREEMENT'S AREA-BASED MANAGEMENT TOOLS REGIME: SUCCESSES AND ROADBLOCKS
Abstract:
The recently adopted BBNJ Agreement creates a multilateral framework for the establishment of Area-Based Management Tools (ABMTs) in marine areas beyond national jurisdiction. Part of the process for establishing ABMTs under the new Agreement is the consultation of non-State actors (NSAs). ABMTs such as marine protected areas can negatively impact various NSAs, such as Indigenous Peoples that may rely on fishing in ABMTs for subsistence or cultural practices. At the same time, NSAs possess unique knowledge that can be instrumental in the design and management of ABMTs. The Article explores the theoretical and practical justifications for involving NSAs in the ABMT process. Comparing the BBNJ Agreement’s provisions to other international ABMT instruments, this article identifies what the Agreement adds (or fails to add) to the legal landscape of NSA participation in international marine conservation measures. The article then reflects on the practical challenges that may arise in the future implementation of those consultation provisions.
Recommended Citation: Charlotte Verdon, The Participation of Non-State Actors in the BBNJ Agreement's Area-Based Management Tools Regime: Successes and Roadblocks, 47 Fordham Int'l L.J. 243 (2024).