Chapter 3 The Institutional Schizophrenia of Ocean Governance through the Lens of the Conservation of Biological Diversity in Areas Beyond National Jurisdiction
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Abstract
One of the main challenges to the adoption of an international legally binding instrument under the United Nations Convention on the Law of the Sea on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction concerns the institutional structure of this new agreement against a landscape of institutional multiplicity and fragmentation. There is no single global institution responsible for activities in areas beyond national jurisdiction. The development and adoption of this new instrument exposes the “schizophrenia” of the existing governance of the oceans but at the same provides an historic opportunity for states to bridge this fragmentation in the vast area of the global ocean commons that is a res communis.