Fragmentation Revisited

What is it about?

The 2023 Agreement on Biodiversity Beyond National Jurisdiction (BBNJ Agreement) is a legally binding extension to the Law of the Sea, designed to protect marine biodiversity in high seas areas. The Agreement enables the establishment of protected areas, and aims to improve ocean governance by enhancing cooperation between preexisting measures to protect the high seas. However, scholars have been concerned that it may contribute to governance ‘fragmentation’. The term fragmentation describes the situation where multiple bodies with partly overlapping authority and approaches may manage marine issues with differing priorities and scope. Depending on the type of fragmentation present, it can hinder or enhance the governance effectiveness. This paper aims to evaluate how the agreement can contribute to (or hinder) the effective governance of biodiversity in the high seas from the perspective of fragmentation theory. It concludes that the Agreement could enhance governance effectiveness by enabling cooperation between the existing bodies, especially through its Conference of the Parties and Scientific and Technical Body, both pivotal for fostering synergies and establishing unified standards. If widely ratified, the BBNJ Agreement could mitigate potential negative impacts of fragmentation; otherwise, it may enhance conflicts. Wide ratification and advocacy for broader adoption are thus key to realising the Agreement’s potential.

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