The BBNJ Agreement and IMO: What Role for Maritime Law Instruments and Measures?

This article explores the interface of regimes in the law of the sea and international maritime law and discusses to what extent and how area-based management measures adopted by the International Maritime Organization (IMO) may be employed to support the objectives of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement). In pursuing this quest, the article first explores the interface between the United Nations Convention on the Law of the Sea (UNCLOS), the BBNJ Agreement, and IMO instruments to support the conservation of marine areas beyond national jurisdiction. Second, the article discusses the notion of area-based management on the high seas, as this is expected to be the principal point of convergence between UNCLOS, the BBNJ Agreement, and IMO instruments. Third, the article examines the IMO instruments that will be most useful in supporting area-based management measures adopted under the BBNJ Agreement. Finally, the article concludes with observations on the opportunity the BBNJ Agreement provides IMO to play a larger role in supporting conservation of the ocean commons.