A Sheep in Wolf’s Clothing? Reflections on the Institutional Nature of the New Regime for ABMTs and MPAs under the BBNJ Agreement

This article seeks to elucidate the institutional nature of Part III of the \nBBNJ Agreement on area-based management tools (AMBTs), including \nmarine protected areas (MPAs). While at first glance this new regime \nmay appear to embody a “global” approach—that is, an institutional \nmodel wherein a strong conference of the parties (COP) plays a central role in establishing ABMTs—this article reveals that its true institutional nature is heavily decentralized. There is hence a risk of \nincreased fragmentation of conservation efforts in areas beyond \nnational jurisdiction. To address this challenge and promote coherence and uniformity in ABMT governance, this article advocates for \nthe development of a robust recognition mechanism and offers \nreflections on how such a mechanism may be structured.