Fragmentation Revisited

A prevalent concern in the literature surrounding the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction ( bbnj Agreement) is the relationship between fragmentation and governance effectiveness. This paper provides a nuanced perspective on the bbnj Agreement’s role in ocean governance by combining legal analysis with fragmentation theory. Defining ‘fragmentation’ in relation to institutions, norms and actors, this paper argues that increased fragmentation caused by the bbnj Agreement is not forcibly problematic. The Agreement may enhance governance effectiveness, by contributing to synergistic or cooperative fragmentation. However, in absence of wide-spread ratification, there also is a high risk to introduce conflicting norms into the ocean governance landscape. Serious efforts towards ratification and coherent implementation of norms of the Agreement are therefore needed for an effective protection of biodiversity in the abnj .