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

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.