Cooperation Without Change? Organisational Jiu-Jitsu in the International Seabed Authority’s Response to the BBNJ Agreement

The new Biodiversity Beyond National Jurisdiction (BBNJ) agreement promises to advance the conservation and sustainable use of marine biodiversity in the high seas and international seabed. Its effectiveness, however, will depend in large part on how existing institutions respond. Will they adjust their practices and cooperate towards a more polycentric form of ocean governance, or will they preserve established mandates and patterns of fragmentation? This article investigates the response of the International Seabed Authority (ISA) to the BBNJ agreement. We use the concept of ‘organisational jiu-jitsu’ to explain a specific mechanism of incumbent institutional response that undermines polycentricity. We show that the ISA has thus far acted strategically to redirect the normative and political momentum of the BBNJ in ways that limit pressure for internal change and reinforce the status quo. This has involved defensive action during the BBNJ negotiations, deflection by elevating its own processes as a model, and deferring adjustments until the situation requires it. Overall, we find that the BBNJ agreement has not disrupted the existing sectoral approach to governing the seabed beyond national jurisdiction. This case shows how incumbent institutions can absorb new norms while retaining control over the terms of adjustment. Effective cooperation under the BBNJ agreement will therefore depend on who designs and controls the institutional interfaces through which it is implemented.