Research Papers

BBNJ

Opportunities and Challenges for SIDS to Shape and Advance the BBNJ Agreement’s Funding Through and Beyond its Financial Mechanism (Information Paper)

The BBNJ Agreement’s financial mechanism, including the Special Fund, is vital for supporting implementation, especially in developing countries and SIDS. However, key challenges remain, such as ensuring long-term funding, coordinating with the GEF Trust Fund, and designing inclusive, accessible governance structures. To be effective, the mechanism must provide predictable resources, support capacity-building, and promote coordination with other international frameworks.

May 13, 2025

Be careful what you wish (fish) for: Actioning distributive equity principles when determining catch limits in transboundary fisheries

The use of distributive equity principles in fisheries negotiations is increasing.
This study showed that using these principles might have unintended consequences. We suggest that high seas fisheries should be subjected to greater catch reductions. A combination of different principles could be the most equitable approach.

May 13, 2025

BBNJ

SIDS Flag States Under the BBNJ Agreement: Responsibilities, Challenges, and the way Forward (information paper)

This paper explores the responsibilities and challenges of SIDS, particularly SIDS flag States, under the BBNJ Agreement and provides targeted recommendations in the lead-up to the first Conference of the Parties (COP), including strengthening legal frameworks, securing sustained support, and enhancing cooperation.

April 11, 2025

Operationalizing the special circumstances of SIDS in the implementation of the BBNJ Agreement: A focus on institutional architecture (information paper)

This paper examines varying approaches to SIDS recognition in international instruments and proposes pragmatic strategies for embedding SIDS considerations within the terms of reference, rules of procedure, and working modalities of the Agreement’s subsidiary bodies.

April 11, 2025

The BBNJ Agreement: from Fragmentation to Coordination across multiple regimes (information paper)

Ocean governance has long been criticized for its fragmentation. The BBNJ Agreement aims to foster cooperation and coherence across regimes, but operationalizing this interaction presents significant challenges. This paper analyzes the complex landscape of regime interaction to support States in developing strategic negotiating positions for effective BBNJ implementation.

March 18, 2025

Immersion in Discomfort: At the Intersection of Worldviews Toward Co‐Governing With Integrity

Engaging with diverse worldviews, including Indigenous knowledge, often brings discomfort—a sign of growth and learning. This publication explores common emotions at this intersection and how embracing discomfort fosters deeper understanding and co-governance with integrity.

March 13, 2025

The quiet voices of French territories in tuna fisheries management

Territories are often overlooked in fisheries management. These regions are of strategic importance for their metropolitan States. Territories face equity challenges in tuna management organisations. More work is required to ensure their equitable integration in resource extraction.

March 13, 2025

Fisheries Governance Publications

Ensuring Social Accountability in Tuna Fisheries: Lessons Learned from the Pacific

With low ratification of the Work in Fishing Convention, companies turn to private certifications for crew welfare. But do they work? A case study of PNG’s tuna sector highlights key gaps and the need for stronger governance.

February 6, 2025

The Use of Influential Power in Ocean Governance

Ensuring inclusivity, especially the meaningful participation of diverse actors, is a key component of good governance. However, existing ocean governance frameworks have not yet achieved an equitable and fair playing field and are indeed often characterized by inequitable practices. In this perspective piece, we argue that one of the reasons for this lack of inclusion are the existing power frameworks and ways in which power is exercised within fora nominally intended to foster inclusion and cooperation.

November 19, 2024

Undermining by Mining? Deep Seabed Mining in Light of International Marine Environmental Law

Some forty years ago, the UN Convention on the Law of the Sea 1982 (UNCLOS) created an unusual regime for states to collectively manage common natural resources on the international seabed beyond national jurisdiction (known as “the Area”) through the International Seabed Authority (ISA). In the intervening years, scientists have increasingly been warning about the serious environmental risks of mining seabed minerals. At this pivotal point in time, when states are negotiating whether or not to allow seabed mining, this essay explores the risk of undermining by mining, that is, contravening international marine environmental law and the obligations and responsibilities of states thereunder by allowing commercial mining activities to commence.

November 19, 2024

On the Cultural Stakes of Deep Seabed Mining

Ownership over the deep seabed and its mineral riches was unsettled until well into the twentieth century. Yet, by the 1960s, a remarkable spirit of universalism prevailed. States declared the deep seabed to be the common heritage of [hu]mankind, determining that its exploitation and protection would require collective management.

November 18, 2024

Policy pathways to reduce disproportionate burdens in tuna fisheries

In this paper, authors developed an innovative approach that would support members of tuna regional fisheries management organisations (tRMFOs) to reduce placing a disproportionate burden on developing state members.

March 19, 2024

Fact or fiction? Unpacking the terminologies used in fisheries allocation discussions

In this paper, authors analysed the conservation and management measures of RFMOs that include exemptions from catch, effort and capacity limits and found that they are used most commonly in the Western and Central Pacific Fisheries Commission. They argue that the use of exemptions due to the failure of RFMOs to adopt equitable allocation frameworks has the potential to negatively impact marine resources and their development opportunities. Instead, alternatives, such as equitable allocations of science-based catch and effort limits, transferability and phased adjustments, should be developed.

July 30, 2023

Untangling Jurisdictional Complexities for Crew Labour Regulations on Fishing Vessels in the Western and Central Pacific

July 30, 2023

Research Handbook on International Marine Environmental Law

This wholly new edition of the Handbook provides an authoritative examination of international law relating to the protection of the marine environment.

April 28, 2023

The Unintended Consequences of Exemptions in Conservation and Management Measures for Fisheries Management

March 17, 2023

Fishing through the cracks: The unregulated nature of global squid fisheries

The study, led by Katy Seto and published in Science Advances, found that squid fishing vessels fished largely (86%) in unregulated areas, equating to 4.4 million total hours of fishing time between 2017-2020. While unregulated fishing is not necessarily illegal, it presents challenges for fisheries sustainability and resource equity, and has been connected to questionable human rights and labor practices.

March 11, 2023

Deep Seabed Mining Lacks Social Legitimacy

The impacts of deep seabed mining on people have not been sufficiently researched or addressed. Using a legitimacy framework, authors discuss the social-equity dimensions of this emerging industry in the ocean commons.

February 13, 2023

Public Participation in the Governance of Deep-Seabed Mining in the Area

Deep-seabed mining in the Area is regulated by the International Seabed Authority (ISA) which is mandated to act on behalf of humankind as a whole. Consistent with international environmental law and human rights norms, in its decision making the ISA is expected to engage with its broad constituency. Using ten assessment criteria, this paper analyses the extent to which the ISA has facilitated public participation to date.

February 8, 2023

Thresholds in Deep-seabed Mining: A Primer for Their Development

The establishment of thresholds is integral to environmental management. This paper introduces the use of thresholds in the context of deep-seabed mining, a nascent industry for which an exploitation regime of regulations, standards and guidelines is still in the process of being developed, and for which the roles and values of thresholds have yet to be finalised.

February 8, 2023

Increasing Industry Involvement in International Tuna Fishery Negotiations

Tuna regional fisheries management organizations (RFMOs) have long suffered from the domination of distant water fishing nations (DWFNs) in decision-making processes. The Indian Ocean Tuna Commission (IOTC) is no exception. In recent years, coastal states of the Indian Ocean (IO) have tried to change this dynamic – led by countries like the Maldives, Kenya, South Africa, and Australia – to deliver greater benefits to the region, including East Africa.

February 3, 2023

David against Goliath? The rise of coastal states at the Indian Ocean Tuna commission

December 20, 2022

Enhancing cooperative responses by regional fisheries management organisations to climate-driven redistribution of tropical Pacific tuna stocks

Climate change is predicted to alter the distributions of tropical tuna stocks in the Pacific Ocean. Recent modelling projects significant future shifts in tuna biomass from west to east, and from national jurisdictions to high seas areas. As the distributions of these stocks change, the relevant regional fisheries management organisations (RFMOs)—the Western and Central Pacific Fisheries Commission (WCPFC) and the Inter-American Tropical Tuna Commission (IATTC)—will need to develop an expanded framework for cooperation and collaboration to fulfil their conservation and management responsibilities under international law.

December 14, 2022

Getting beyond yes: fast-tracking implementation of the United Nations agreement for marine biodiversity beyond national jurisdiction

With a new international agreement on the conservation and sustainable use of marine biodiversity of areas beyond national jurisdiction (BBNJ Agreement) on the horizon, now is the time to start laying the foundation for successful implementation. This paper provides some initial reflections for supporting rapid, effective, and equitable implementation of the BBNJ Agreement in three priority areas

November 9, 2022

Pathways to sustaining tuna-dependent Pacific Island economies during climate change

Climate-driven redistribution of tuna threatens to disrupt the economies of Pacific Small Island Developing States (SIDS) and sustainable management of the world’s largest tuna fishery.

November 7, 2022

Capacity development in the Ocean Decade and beyond: Key questions about meanings, motivations, pathways, and measurements

Capacity development is a major priority in the United Nations Decade of Ocean Science for Sustainable Development (the Decade). Persistent disparities in ocean science capacity illustrate the substantial challenges to achieving the Decade’s stated goal of eradicating inequality.

April 1, 2022

Who Gets the Catch? How Conventional Catch Attribution Frameworks Undermine Equity in Transboundary Fisheries

The focus on flag States for the purpose of attributing fisheries catch is inconsistent with the assignment of sovereign rights to coastal States under international law and undermines equity in contemporary quota allocation negotiations.

March 9, 2022

How can a new UN ocean treaty change the course of capacity building?

Few States are able to undertake scientific research in the half of the planet that lies in marine areas beyond national jurisdiction. Capacity building is therefore a key part of the development of a new international legally binding instrument for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction, under the United Nations Convention on the Law of the Sea (BBNJ Agreement).

March 1, 2022

Strengthening European Union fisheries by removing harmful subsidies

Harmful fisheries subsidies have historically contributed to fleet overcapacity and continue to be allocated to the fishing industry to artificially maintain its profitability.

February 15, 2022

Transparency in fisheries conservation and management measures

The adoption of effective fisheries conservation and management measures (‘CMM’) represents a critical stage in the process of sustainably managing global fishing stocks.

February 15, 2022

Can Greater Transparency improve the Sustainability of Pacific Fisheries?

International and regional organisations promote transparency on the basis that it can improve the sustainability of fisheries, yet the processes involved, and the outcomes of transparency initiatives, are often opaque and misunderstood.

February 15, 2022

Toward transparent governance of transboundary fisheries: The case of Pacific tuna transshipment

February 15, 2022

Transparency in fisheries governance: achievements to date and challenges ahead

Globally, fisheries continue to face a range of pressures that can be addressed by more effective national, regional, and international fisheries governance.

February 15, 2022

Equity Dilemmas from Seabed Mining in the Pacific

What is currently hundreds of metres down below the ocean floor could soon be found in our electronics and on construction sites. The desire to explore the deep ocean for minerals, such as copper, cobalt, and manganese is not new, but only now are companies pushing for commercial-scale mining.

January 31, 2022

Area-based management of blue water fisheries: Current knowledge and research needs

The pelagic fisheries beyond the continental shelves are currently managed with a range of tools largely based on regulating effort or target catch.

November 23, 2021

Tuna Fisheries Conservation and Management in the Pacific Islands Region

The Korean tuna fishing fleet has a long history of participation in the tuna fisheries of the Western and Central Pacific Ocean (wcpo), the largest tuna fisheries in the world.

October 19, 2021

Mapping interests in the tuna fisheries of the Western and Central Pacific Ocean

Fisheries for highly migratory fish stocks are complex, featuring multiple species targeted by different gear types across several national jurisdictions and high seas areas. They require effective cooperation to manage sustainably, typically through a regional fisheries management organisation (RFMO).

October 15, 2021

Common but differentiated rights and responsibilities in tuna fisheries management

The UN Law of the Sea Convention (LOSC) and one of the implementing agreements of the Convention—the UN Fish Stocks Agreement (UNFSA)—mandates all states to cooperate in the management of highly migratory and straddling fish stocks.

September 25, 2021

New technology, equity and the law of the sea

Advancements in new technologies open up new ocean industries and possibilities to explore the ocean

September 10, 2021

Regional fisheries management: COVID-19 calendars and decision making

In 2020 the management of transboundary fisheries was severely impacted by the global COVID-19 pandemic. Most annual meetings of regional fisheries and marine management organizations were held virtually, postponed, or cancelled.

June 1, 2021

Adaptive management of fisheries in response to climate change

This report aims to accelerate climate change adaptation implementation in fisheries management throughout the world. It showcases how flexibility can be introduced in the fisheries management cycle in order to foster adaptation, strengthen the resilience of fisheries, reduce their vulnerability to climate change, and enable managers to respond in a timely manner to the projected changes in the dynamics of marine resources and ecosystems.

April 7, 2021

Regional fisheries management: Virtual decision making in a pandemic

The global COVID-19 pandemic is impacting on the fisheries sector and posing significant challenges for the management of transboundary fisheries. Due to travel bans and border closures, regional organizations are not able to hold face-to-face meetings.

March 15, 2021

The Legal Framework for Resource Management in the Deep Sea

Provides the first authoritative, scientific overview of natural capital in the deep ocean, both from a global and regional perspective

November 21, 2020

Template National Sponsorship Law for Seabed Mining Beyond National Jurisdiction

The International Seabed Authority (ISA) is the only governing body responsible for issuing exploration and mining rights for areas of the ocean floor that are beyond national jurisdiction.

October 1, 2020

Resource allocation in transboundary tuna fisheries: A global analysis

Resource allocation is a fundamental and challenging component of common pool resource governance, particularly transboundary fisheries. We highlight the growing importance of allocation in fisheries governance, comparing approaches of the five tuna Regional Fisheries Management Organizations (tRFMOs).

September 3, 2020

Recent Research Papers