GOVERNING BLUE NATURE: RETHINKING MARINE CONSERVATION LAW THROUGH THE LENS OF OCEAN CARBON, BIODIVERSITY, AND GOVERNANCE GAPS

Abstract

Marine conservation law is finding itself in a turning point as the world struggles to achieve the 30 × 30 goals of biodiversity and faces increasing oceans challenges. Although there are legal obligations applicable such as UNCLOS, CBD, and BBNJ Agreement, its effectiveness in marine conservation activities or marine protected areas (MPAs) has not been successful in regard to ecological outcomes. This paper examines the disconnect between the law and ecological health with special emphasis on the lack of coordination between ocean carbon sequestration, climate resilience and biodiversity protection. This study has examined peer-reviewed publications since the year 2020 and given the importance of the lapses in governance. These comprise of legal control of mesopelagic carbon sinks, low application of ecosystem management and inability to integrate functions of blue carbon in Marine Protected Area (MPA) planning. There is still a lack in integrated mechanisms of international legal systems, and their approaches to biodiversity and climate include siloed approaches and are inconsiderate of the interconnectedness of the ocean ecosystem. Also, forms of governance that are driven by communities, indigenous people and non-governmental organizations are often out of the formal legal framework, which diminishes the ability of these models to be adaptive and justice-oriented in conservation. The article supports the idea of a single, legally integrated and carbon conscious marine conservation strategy and a focus on adaptive, enforceable and inclusive legal frameworks. It recommends the balancing of treaties, creation of area-targeted legislation instruments, which consider the functions of carbon, and reconsidering marine preservation regulations to place strong emphasis on both ecological quality and social equity.