Overlapping and Coordination in Ocean Governance
Research Article
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Overlapping and Coordination in Ocean Governance

Yin Gu 1, Wan Jing 2*
1 Hunan University
2 South China Normal University
*Corresponding author: 20213602075@m.scnu.edu.cn
Published on 13 August 2025
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LNEP Vol.110
ISSN (Print): 2753-7056
ISSN (Online): 2753-7048
ISBN (Print): 978-1-80590-297-3
ISBN (Online): 978-1-80590-298-0
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Abstract

As the signing of the Agreement on the Conservation and Sustainable Use of Marine Biodiversity in Areas Beyond National Jurisdiction (BBNJ) under the United Nations Convention on the Law of the Sea (UNCLOS) is nearing completion, coordination with the International Seabed Authority (ISA) and regional fisheries management organizations (RFMOs) is imminent. This paper investigates the problem of overlap and harmonization in ocean governance and finds that the BBNJ Agreement contains overlapping competencies with Instruments, Frameworks and Bodies (IFBs), which make it possible for them to have the same (or partially the same) rights in the same region. In the case of the ISA, there are already standards for environmental effect assessment as regards management of the international seabed area, which BBNJ also requires, potentially leading to duplicative assessments and regulatory gaps; In the case of RFMOs, their own conservation measures for biological resources are not uniform in different areas, and it is even more difficult for them to apply the new standards brought by the BBNJ as a matter of course, which may lead to conflicts with the Marine Protected Area (MPA) and other Area-Based Management Tools (ABMT) proposed by the BBNJ. However, the BBNJ's harmonization provisions do not address these issues in a satisfactory manner. This study highlights the hindering nature of these overlapping issues for the future implementation of BBNJ and makes corresponding recommendations to facilitate the cooperation between BBNJ and other organizations to achieve the conservation of marine living resources.

Keywords:

BBNJ agreement, areas beyond national jurisdiction, regional ocean governance.

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Gu,Y.;Jing,W. (2025). Overlapping and Coordination in Ocean Governance. Lecture Notes in Education Psychology and Public Media,110,94-100.

References

[1]. Li, J. (2021) The Utility and Movement of Regional Maritime Mechanisms under BBNJ Global Governance. China Maritime Law Research 32(04), 80-87.

[2]. Grant, J. and Barker, J. (eds.) (2009) Encyclopaedic Dictionary of International Law. Oxford University Press.

[3]. Jiang, S.Y. and Lu, C.W. (2023) A Review of the Main Points of Dispute and Positions of Parties in the Negotiation of the BBNJ International Agreement. Journal of Ocean University of China (Social Science Edition) (03), 25-36.

[4]. Langlet, A. and Vadrot, A.B.M. (2023) Not 'Undermining' Who? Unpacking the Emerging BBNJ Regime Complex. Marine Policy 147.

[5]. Kim, R.E. (2024) The Likely Impact of the BBNJ Agreement on the Architecture of Ocean Governance. Marine Policy 165, 106190.

[6]. Friedman, S. (2024) The Interaction of the BBNJ Agreement and the Legal Regime of the Area, and Its Influence on the Implementation of the BBNJ Agreement. Marine Policy 167, 106235.

[7]. Liu, Y.Y. and Jiang, S.L. (2023) Harmonized Development of the Legal Regime for International Governance of High Seas Fisheries Based on the BBNJ Agreement. In Rule of Law Practice Collection 2023, Volume 3 - National Security Work Research Collection, 194-202.

[8]. Currie, D.E.J. and Müller, J. (2025) The Governance of Marine Biodiversity Beyond National Jurisdiction: The BBNJ Agreement and the International Seabed Authority. Marine Policy 178, 106689.

[9]. Haas, B., Haward, M., McGee, J. and Fleming, A. (2020) Regional Fisheries Management Organizations and the New Biodiversity Agreement: Challenge or Opportunity? Fish and Fisheries 22(1), 226–231.

[10]. Carmine, G. (2025) 'Right to Fish' for Whom?: A Geospatial Study of High Seas Fisheries and Their Governance for Ocean Conservation. Doctoral Dissertation, Duke University.

[11]. Friedman, S. (2024) The Interaction of the BBNJ Agreement and the Legal Regime of the Area, and Its Influence on the Implementation of the BBNJ Agreement. Marine Policy 167, 106235.

[12]. Li, Z. and Zhang, B. (2024) Internationalization of EIA Rules in the BBNJ Agreement: Impediments and Possible Solutions. Marine Policy 167, 106245.

[13]. Hadjimichael, M. and Hegland, T.J. (2015) Really Sustainable? Inherent Risks of Eco-Labeling in Fisheries. Fisheries Research 174, 129–135.

References

[1]. Li, J. (2021) The Utility and Movement of Regional Maritime Mechanisms under BBNJ Global Governance. China Maritime Law Research 32(04), 80-87.

[2]. Grant, J. and Barker, J. (eds.) (2009) Encyclopaedic Dictionary of International Law. Oxford University Press.

[3]. Jiang, S.Y. and Lu, C.W. (2023) A Review of the Main Points of Dispute and Positions of Parties in the Negotiation of the BBNJ International Agreement. Journal of Ocean University of China (Social Science Edition) (03), 25-36.

[4]. Langlet, A. and Vadrot, A.B.M. (2023) Not 'Undermining' Who? Unpacking the Emerging BBNJ Regime Complex. Marine Policy 147.

[5]. Kim, R.E. (2024) The Likely Impact of the BBNJ Agreement on the Architecture of Ocean Governance. Marine Policy 165, 106190.

[6]. Friedman, S. (2024) The Interaction of the BBNJ Agreement and the Legal Regime of the Area, and Its Influence on the Implementation of the BBNJ Agreement. Marine Policy 167, 106235.

[7]. Liu, Y.Y. and Jiang, S.L. (2023) Harmonized Development of the Legal Regime for International Governance of High Seas Fisheries Based on the BBNJ Agreement. In Rule of Law Practice Collection 2023, Volume 3 - National Security Work Research Collection, 194-202.

[8]. Currie, D.E.J. and Müller, J. (2025) The Governance of Marine Biodiversity Beyond National Jurisdiction: The BBNJ Agreement and the International Seabed Authority. Marine Policy 178, 106689.

[9]. Haas, B., Haward, M., McGee, J. and Fleming, A. (2020) Regional Fisheries Management Organizations and the New Biodiversity Agreement: Challenge or Opportunity? Fish and Fisheries 22(1), 226–231.

[10]. Carmine, G. (2025) 'Right to Fish' for Whom?: A Geospatial Study of High Seas Fisheries and Their Governance for Ocean Conservation. Doctoral Dissertation, Duke University.

[11]. Friedman, S. (2024) The Interaction of the BBNJ Agreement and the Legal Regime of the Area, and Its Influence on the Implementation of the BBNJ Agreement. Marine Policy 167, 106235.

[12]. Li, Z. and Zhang, B. (2024) Internationalization of EIA Rules in the BBNJ Agreement: Impediments and Possible Solutions. Marine Policy 167, 106245.

[13]. Hadjimichael, M. and Hegland, T.J. (2015) Really Sustainable? Inherent Risks of Eco-Labeling in Fisheries. Fisheries Research 174, 129–135.

Cite this article

Gu,Y.;Jing,W. (2025). Overlapping and Coordination in Ocean Governance. Lecture Notes in Education Psychology and Public Media,110,94-100.

Data availability

The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.

About volume

Volume title: Proceedings of ICILLP 2025 Symposium: Digital Governance: Inter-Firm Coopetition and Legal Frameworks for Sustainability

ISBN: 978-1-80590-297-3(Print) / 978-1-80590-298-0(Online)
Editor: Renuka Thakore, Tonejit Gad-Harry
Conference website: https://www.icillp.org/Bristol.html
Conference date: 18 September 2025
Series: Lecture Notes in Education Psychology and Public Media
Volume number: Vol.110
ISSN: 2753-7048(Print) / 2753-7056(Online)

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