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Author	Asst Prof Sabrina Hasan
Organisation/Institution	East China University of Political Science and Law
Country	CHINA
Panel	Maritime Law
Title	Establishing Marine Protected Areas under the BBNJ Agreement: Legal Challenges and Strategic Opportunities for BRICS Countries
Abstract	The adoption of the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement in 2023 marks a significant milestone in international marine governance, particularly for the protection of marine biodiversity in areas beyond national jurisdiction (ABNJ). One of the agreement’s core mechanisms is the establishment of Marine Protected Areas (MPAs), intended to safeguard vulnerable ecosystems across the high seas. This paper argues that the legal design of the MPA regime simultaneously presents a critical paradox: its conservation mandate is structurally constrained by institutional mechanisms that risk undermining its own effectiveness. The paper identifies key legal flaws, including the institutional competition inherent in the non-undermining clause, the structural reliance on the flag State enforcement system, and the potential for fragmentation of the opt-out mechanism. Against this backdrop, the paper assesses the legal and strategic opportunities available to BRICS countries to influence, implement, and shape the governance of MPA. It argues that BRICS nations, given their maritime capacities and shared interests in equitable ocean governance, are uniquely positioned to bridge normative gaps, perform norm entrepreneurship, and assert leadership in advancing marine conservation within the Global South.
Biography	Dr. Sabrina Hasan is an Assistant Professor at the School of International Law, East China University of Political Science and Law (ECUPL). She received the Chinese Government Marine Scholarship in 2018 and holds a Doctor of Law degree majoring in Law of the Sea from the South China Sea Institute of Xiamen University, awarded in 2022. In addition to her academic roles, Dr. Hasan has contributed as a Research Assistant at the Bangladesh Institute of Law and International Relations (BILIA). Her research interests cover diverse areas of the Law of the Sea and Maritime Law, including Marine Environment, Maritime Delimitation, Marine Biodiversity, Arctic Ocean Governance, the regulation of Maritime Autonomous Surface Ships (MASS), and Artificial Intelligence. Dr. Hasan also holds an LLM in Maritime Law, an MSS in Victimology and Restorative Justice, and an LLB. She has participated in several international programs, including the Yeosu Academy of the Law of the Sea and the International Foundation for the Law of the Sea (IFLOS) Summer Academy, and has published numerous scholarly articles.