From fragmentation to polycentricity: The manifestationof the hybrid approachthroughoutthe intergovernmental conferences on biodiversity beyond national jurisdiction

Abstract

The current governance structure,whichsetsout to protectbiodiversity beyond national jurisdiction,is fragmentedand insufficientin achieving this goal. The ongoing intergovernmental negotiations on biodiversity beyond national jurisdiction provide a unique opportunity to overcome this issue.The three governance architectures being discussed are the global, regional/sectoral,and hybrid approaches. The hybrid approach, which is a form of polycentric governance, is arguably a promising but overlooked solution.However, the discussion seems to be stuck between those delegates favoring a global approach,and those who prefer a regional/sectoral structure.Drawing on over 400 policydocuments around the negotiationson aninternationallylegally binding instrument,I show evidence of the hybrid approach in the language used by delegates and within the latest legal draft. This may hint towards the potential for a successful polycentricgovernancestructureas future architecture in the high seas. The results demonstrate that the language used by a broad range of delegatescould support thisform of governance, even ifdelegates have not labeled itas such.Similarly, the legal text shows promising characteristics of a successful polycentric system,which would make the hybrid approach a realistic option. Overall, the degree to which terminology supporting the manifestation of a polycentric governance architecture is used,can be rated as moderately high.The indicationof a polycentric governance architecture brings out the potential of delegationunder the internationally legally binding tool. Delegation,as a form of polycentric governance, provides a usefuldirectory on how to design a successful governance architecture specifically. It might also provide a valuable solution to the disputebetween the global and regional/sectoral approaches. Delegationcould satisfy advocates for the regional/sectoral and global approach as it delivers strong guidelines at an international level as well as freedom at theregional and sectorallevelsto implementguidelines. Itwould support the frequently discussed“form follows function”approachforestablishing the internationally legally binding tool