Establishing Marine Protected Areas in the Southern Ocean: Structural Constraints and Ways Forward

Miaomiao Yin^1,2Wenjie Qian^2,3*

• ¹Macquarie University, Sydney, Australia
• ²Zhejiang University Guanghua Law School, Hangzhou, China
• ³Hangzhou Normal University, Hangzhou, China

The establishment of Marine Protected Areas (MPAs) in the Southern Ocean is crucial for the conservation of the Southern Ocean ecosystem and thus contributes to adaptation to impacts of climate change and anthropogenic pressures. However, despite efforts by the Commission on the Conservation of Antarctic Marine Living Resources (CCAMLR), progress in establishing MPAs has stagnated over the past decade. Current academic interpretations focus primarily on geopolitical and economic factors, such as fishing interests, often overlooking other underlying constraints. This article adopts an institutionalist perspective to explore the structural factors hindering MPA development, including uncertainty in scientific data, forum shopping, and the lack of legal commitment. By critically reviewing recent MPA negotiations and summarizing their key characters, this article identifies several structural constraints to more progress in MPA development. It also proposes a series of practical strategies for CCAMLR to overcome these challenges, highlighting the need for accommodating competing intertests, refining MPA definitions, harmonising criteria, designing enforcement mechanisms, and aligning itself with international regimes relating to spatial protection of marine ecosystems such as the Agreement on Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement). The article argues that minimising these structural constraints is essential for achieving a robust, representative MPA system in the Southern Ocean, thereby contributing to global marine conservation and climate adaptation efforts.