Abstract
The focus of this project is to investigate the strength of this MPA [Marine Protected Area] regime in maximising biodiversity protection. This will be done through the following steps: (i) identification of the high-seas governance gap; (ii) textual analysis of the BBNJ [Biodiversity Beyond National Jurisdiction Treaty] MPA regime and identification of its weaknesses; and (iii) analysis of the scope and mechanisms for implementation in the BBNJ’s MPA regime in comparison with the weaknesses in other existing agreements which make similar provision for MPAs. The core argument of this dissertation is that the BBNJ will not be successful in the effective conservation and sustainable use of marine biodiversity in the Area Beyond National Jurisdiction (ABNJ), where states have room to pursue their own agendas, in particular those associated with exploitative fisheries activities and other destructive activities. It will be argued that the risk of this occurring is particularly high where the conservation mandate is weak and there are constructive ambiguities.