Mare Liberum to Mare Curare: The IMO’s Prospective Role in Implementing Area-Based Management Tools for the BBNJ Agreement

Abstract for Scopus Indexing: With the long-awaited Biodiversity beyond National Jurisdiction ( BBNJ ) Agreement finally opened for signature, discussion turns towards what tools and systems the BBNJ Agreement will utilize in the future. This article discusses the potential implementation of MPA s and ABMT s by the BBNJ Agreement through the utilization of the International Maritime Organization’s ( IMO ) existing tools and processes. It considers the IMO ’s experience in environmental protection in both national waters and areas beyond national jurisdiction. The criteria for establishing ABMT s under the BBNJ Agreement are compared to MARPOL and the PSSA processes utilized by IMO , and each of the tools that could be utilized under these processes are discussed for their relevance to protecting areas beyond national jurisdiction. Finally, the article ends with a discussion of how certain methods of monitoring and control used by IMO may provide assistance and guidance to enforcement of the BBNJ Agreement and review of MPA s that it may implement in the future.