Legal challenges of marine protected areas under the new agreement on the conservation and sustainable use of marine biodiversity beyond national jurisdiction

Abstract

This thesis assesses the existing legal challenges of marine protected areas beyond national jurisdiction. It considers the legal framework before the “Agreement under the UNCLOS on the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction” of 2023 and after this Agreement. As a result, this research finds that this Agreement provides a solution for many gaps of the previous regulation, including a more comprehensive and less fragmented approach. Notwithstanding that, the Agreement is not free of shortcomings. Among them, the following can be outlined: compliance and enforcement doubts arise, mainly because of the continuity of the flag-state principle of arts. 92 and 94 of the UNCLOS; there is a relatively easy way out for avoiding the bindingness of MPAs in ABNJ; their management is not specified; and the transparency of the compliance of the obligations of Parties to the Agreement is still relatively unknown.