Putting an end to “paper parks”? A qualitative study concerning how the BBNJ Treaty may influencethe effectiveness of OSPAR’s MPA Governance in ABNJ

Abstract: Amidst a complex and fragmented legal framework governing international waters, OSPAR, aregional environmental agreement, grapples with challenges in its Marine Protected Area(MPA) Governance, leaving marine ecosystems vulnerable. However, after nearly two decadesof negotiations, the "Treaty for Biodiversity Beyond National Jurisdiction" (BBNJ Treaty) hasemerged as a pivotal milestone. Designed to address existing gaps in the legal framework, theBBNJ Treaty aims to safeguard international waters, combat environmental degradation,climate change, and biodiversity loss. This thesis examines the potential influence of the BBNJTreaty on the effectiveness of OSPAR's MPA Governance in areas beyond nationaljurisdiction, assessing whether it successfully addresses the current challenges posed by thecurrent framework. Using qualitative content analysis and Stokke's taxonomy of regimeinterplay, the study analyzes provisions promoting cooperation, knowledge-sharing, and globalprinciples. The study highlights how the BBNJ Treaty could bolster marine conservation effortsin international waters while also addressing its limitations. Conclusively, the effectiveness ofthe Treaty ultimately depends on the willingness of Parties and OSPAR members to cooperateand implement its provisions. Thus, the real impact of the BBNJ Treaty will unfold as eventsprogress.