Evaluating the impact of the BBNJ Agreement on regulatory gaps in a competent IFB: a case study of MGRs management in the Antarctic Treaty Area

Min, Pan (2025) Evaluating the impact of the BBNJ Agreement on regulatory gaps in a competent IFB: a case study of MGRs management in the Antarctic Treaty Area. Advances in Polar Science, 36 (3). pp. 203-212.

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Abstract

On 19 June 2023, the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) was adopted. The BBNJ Agreement aims to regulate the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction, including the high seas and the international seabed area. The BBNJ Agreement enters into an already crowded institutional landscape as a global authority with broad objectives, inevitably interacting with existing institutions, frameworks, and bodies (IFBs). Existing research has primarily focused on two areas: the first examines the impact of the institutions established by the BBNJ Agreement on existing marine governance IFBs; the second explores its influence on issues currently lacking institutional arrangements. However, comparatively little attention has been given to the Agreement’s potential impact on governance gaps within established systems. This paper takes the case of marine genetic resource (MGRs) management in the Antarctic Treaty Area to explore how the BBNJ Agreement may address regulatory gaps in a competent governance framework. Due to shortcomings in addressing core issues, concerning the legal status of MGRs access regulations, benefit-sharing mechanisms, and disclosure of origin, the Agreement is unlikely to have a significant impact on the governance of MGRs in the Antarctic Treaty System (ATS) in the short term. On the other hand, the ATS, as an effective governance framework for the Antarctic Treaty Area, has mature regulations and practical experience in Antarctic governance. Over the years, the ATS has focused on regulating bioprospecting activities as scientific research ones and strict environmental impact assessment procedures. However, there has not been an effective consensus on the regulation of commercial biological prospecting. This paper further explores the coordination issue between the BBNJ Agreement and the ATS, suggesting that in the future, MGRs governance in the Antarctic Treaty Area may evolve into a polycentric governance system.

Item Type:	Article
Related URLs:
Keywords:	BBNJ Agreement, Antarctic Treaty System (ATS), marine genetic resources (MGRs), polycentric governance
Subjects:	Organizations and Networks > Governmental Peoples, Cultures and Societies > Law and Policy
Organizations:	Advances in Polar Science (APS)
Date Deposited:	19 Nov 2025 10:13
URI:	https://library.arcticportal.org/id/eprint/2905

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