Abstract: The entry into force 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) introduces new procedural and substantive obligations regarding area-based management tools (ABMTs) and environmental impact assessments (EIAs) with respect to activities in areas beyond national jurisdiction (ABNJ) or that may have effects in ABNJ. While the Agreement explicitly preserves the mandates of competent relationship with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies (IFBs), including the IMO, it also sets out procedural and substantive standards that may influence the manner in which these IFBs discharge their responsibilities under UNCLOS.

This seminar will examine, how the new BBNJ framework may inform and/or recalibrate existing IMO approaches to spatial shipping protection measures, risk assessment methodologies and regulatory development. Particular attention will be given to the interaction between BBNJ ABMT processes and IMO instruments, including MARPOL special areas, Particularly Sensitive Sea Areas (PSSAs) and their associated protective measures as well as independent routing measures, in light of BBNJ’s emphasis on ecosystem-based management, cumulative impacts, precaution and best available science.

The discussion will further consider whether BBNJ EIA provisions, including strengthened screening criteria and requirements including the assessment of cumulative and transboundary effects, broad consultation processes and publication, may have implications for emerging or partially regulated pressures from shipping, including discharge from biofouling, underwater radiated noise, artificial light emissions and air emission-related measures including scrubbers.

Finally, institutional dimensions, including the principle of non-undermining and respect for existing competencies, will also be envisaged, with a view to identifying possible areas for procedural alignment, enhanced cooperation, and substantive alignement or coherence through the IMO framework.

Speaker's Bio: Dr Youna LBL LYONS is a marine policy analyst, trained in international law and oceanography in Australia, France, and the USA, with 30 years of professional experience. Her focus is on the interface of international law and policy, and marine sciences. Current areas of research include ocean governance coherence, sub-regime articulation and the circulation of norms and concepts on the protection of the marine environment, including in the context of the implementation of the Agreement on Biodiversity Beyond National Jurisdiction (BBNJ) as well as technical issues such marine geoengineering, CCS, ocean monitoring and the assessment of cumulative effects, including, more generally, non-interference with the ecological balance of the marine environment.
As a trustee and Chair of the Advisory Committee on Protection of the Sea (ACOPS), Youna participates in law-making and guidance developments in a number of intergovernmental bodies where ACOPS is an observer. These include OSPAR and the Arctic Council at regional level; and, the IMO on shipping activities, the LC/LP for the placement of waste and other matters in the marine environment and the ISA for seabed mining activities beyond national jurisdiction. Youna is also a coordinating author of the World Ocean Assessment III (governance section).

Academically, she is affiliated with the National University of Singapore (NUS) where she has taken a number of research roles in marine environmental governance for 15 years. She remains an invited teacher with NUS and contributes to research projects. Separately, she is also on editorial committees, advisory boards and a contributor to international research projects.