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<p>The governance of marine biodiversity in Areas Beyond National Jurisdiction (ABNJ) remains a critical challenge for global sustainability. This study critiques the limitations of the United Nations Convention on the Law of the Sea (UNCLOS), particularly its voluntary compliance mechanisms and fragmented dispute resolution framework, and evaluates the potential of the 2023 Biodiversity Beyond National Jurisdiction (BBNJ) Agreement to address these gaps. Drawing on successful governance models, including the European Union’s Common Fisheries Policy and the OSPAR Convention, the study identifies key deficiencies in enforcement, equitable resource distribution, and adaptive governance. To enhance implementation, it proposes three solutions: (1) an International Marine Dispute Settlement Council (IMDSC) for binding adjudication; (2) a Global Ocean Monitoring and Enforcement System (GOMES) integrating AI-driven surveillance for compliance tracking; and (3) Regional ABNJ Governance Councils (RAGCs) to strengthen localized cooperation. These mechanisms aim to integrate legal enforcement, technological innovation, and capacity-building to promote more equitable participation of developing nations and address governance asymmetries. By examining the BBNJ Agreement’s potential role in advancing sustainable ocean management, this study connects legal theory with practical policy recommendations, outlining a framework that could enhance enforcement, equity, and ecological resilience in ABNJ.</p>

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Strengthening marine biodiversity governance: a framework for enforceable compliance and equitable ocean management under the BBNJ agreement

  • 期刊论文

  • 发表日期：

    2025年12月29日

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  • Ahmed Hany M. Abuelenin

摘要

The governance of marine biodiversity in Areas Beyond National Jurisdiction (ABNJ) remains a critical challenge for global sustainability. This study critiques the limitations of the United Nations Convention on the Law of the Sea (UNCLOS), particularly its voluntary compliance mechanisms and fragmented dispute resolution framework, and evaluates the potential of the 2023 Biodiversity Beyond National Jurisdiction (BBNJ) Agreement to address these gaps. Drawing on successful governance models, including the European Union’s Common Fisheries Policy and the OSPAR Convention, the study identifies key deficiencies in enforcement, equitable resource distribution, and adaptive governance. To enhance implementation, it proposes three solutions: (1) an International Marine Dispute Settlement Council (IMDSC) for binding adjudication; (2) a Global Ocean Monitoring and Enforcement System (GOMES) integrating AI-driven surveillance for compliance tracking; and (3) Regional ABNJ Governance Councils (RAGCs) to strengthen localized cooperation. These mechanisms aim to integrate legal enforcement, technological innovation, and capacity-building to promote more equitable participation of developing nations and address governance asymmetries. By examining the BBNJ Agreement’s potential role in advancing sustainable ocean management, this study connects legal theory with practical policy recommendations, outlining a framework that could enhance enforcement, equity, and ecological resilience in ABNJ.