CCAMLR's Marine Protected Areas

Antarctica’s unique biodiversity is under growing threat from climate-associated stressors and increased human activities in the region. The Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) has adopted, in 2009, the first marine protected area (MPA) fully in the high seas and then, in 2016, the largest one. Both MPAs include binding non-use measures prohibiting fishing, except in certain specific cases. Nonetheless, despite these successes, these MPAs are not perfect, as their scope of application had to be watered down in order for consensus to be reached. Moreover, since 2016, CCAMLR has been unable to make further progress towards implementing a representative system of MPAs, despite a decade long commitment to do so. This deadlock is due to the growing polarisation of States’ views between those that want increased environmental protection and those that focus on ‘rational use’ of resources. This issue is compounded by a regime dominated by consensus-based decision-making, where a single State’s opposition blocks the adoption of a measure for all. The BBNJ Agreement might be a potential tool in resolving the Antarctic MPA impasse by presenting an alternative legal pathway for the establishment of MPAs and/or by indirectly influencing CCAMLR’s future establishment of MPAs through regime interaction at institutional and normative levels.