Navigating a New Course: The Likely Impact of the BBNJ Agreement on the Establishment of Area-Based Management Tools by the ISA

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Abstract On 19 June 2023, the United Nations adopted the Agreement on Biodiversity Beyond National Jurisdiction (BBNJ Agreement), advancing the governance of marine biological diversity in areas beyond national jurisdiction (ABNJ). This article explores the BBNJ Agreement’s potential impact on the International Seabed Authority’s (ISA) current and future area-based management tools (ABMT s), which include Areas of Particular Environmental Interest (APEI s), Sites of Particular Environmental Interest (SPEI s), and Preservation Reference Zones. While the Conference of the Parties (COP) appears to have broad authority in establishing ABMT s and has considered coordination with relevant legal instruments, frameworks, and bodies at global, regional, subregional and sectoral levels, the ISA may hold more practical power. For existing ABMT s established by the ISA, BBNJ bodies could strengthen their effectiveness. Future ABMT s will require case-by-case basis evaluation. In all cases, cooperation between the COP and the ISA remains essential.