Game-changing international marine protection treaty comes into force

Officially known as the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, the legally binding UN treaty covers the ocean zones that lie beyond national waters (the “high seas”) and the international seabed area. 

These regions make up over two-thirds of the ocean’s surface, representing over 90 per cent of Earth’s habitat by volume. This is because the ocean is deep, and most living space on Earth is underwater.

Here are some of the key things to know: 

Why it matters

The BBNJ is designed to transform the “high seas” and international seabed into an environment to be managed sustainably for the benefit of all humanity. 

It is also the first legally binding ocean instrument to provide for inclusive ocean governance, with provisions on the engagement of Indigenous Peoples and local communities and on gender balance.

It is hoped that, once it is fully implemented, the Agreement will make a vital contribution to addressing the so-called “triple planetary crisis” of climate change, biodiversity loss and pollution.

Speaking to UN News, Tanzanian diplomat Mzee Ali Haji, who led his country’s negotiation team during BBNJ discussions, said that the agreement marks a major step in the protection of international waters. 

© The Ocean Story/Vincent Kneefel

Everyone should bear in mind that there is now control of the activity in the high seas. For instance, when you pollute, you are responsible for your acts”.

The BBNJ strengthens the current international legal framework: it builds on the UN Convention on the Law of the Sea – in effect the “constitution for the oceans” – which has set the rules for maritime and seabed exploitation and marine protection since it came into force in 1994.

The agreement addresses gaps in the Convention, includes more detail on how to manage biodiversity and aligns ocean governance with modern challenges like climate change and the 2030 Agenda for Sustainable Development (the UN-brokered blueprint for solving the world’s most intractable challenges).

What does ‘entry into force’ mean?

After the entry into force, it becomes legally binding for the 81 nations that have ratified it so far, meaning that they agree to incorporate it into their national legislation.

The treaty specifies that it enters into force this Saturday: 120 days after it was ratified – accepted as legally by binding – by at least 60 countries.

Who’s signed up, and who hasn’t?

Many major economies have ratified the BBNJ, notably China, Germany, Japan, France and Brazil

China has a particularly important impact on industries connected to the ocean (such as shipbuilding, aquaculture, fisheries and offshore oil and gas), exporting some $155 billion of ocean-related goods in 2023, according to UN trade agency figures.

The holdouts include the United States, India, the UK and Russia.

The US, the world’s biggest economy, is one of the top five ranked ocean-related goods exporters ($61 billion). Although the country adopted the treaty in 2023, it is not yet ratified, and the Senate has not acted on it.

India, one of the top developing-economy exporters ($19 billion), adopted the treaty in 2024 but domestic legislation on ratification is still pending. While the UK did introduce legislation on the matter in 2025, parliament is still to ratify it.

Russia remains one of the minority of nations that has neither adopted nor ratified the treatyciting its wish to preserve existing governance frameworks, and ensure that freedom of navigation and shipping in international waters is guaranteed.

Is this a big setback for the treaty?

Despite the reluctance of some major economies to commit fully by ratifying, Mr. Haji is positive about the impact that the BBNJ, in its current state, will have.

 “Developing countries and small island countries need support,” he says. “We expect that, in the future, they will accept this agreement, because it will help them. The protection of the high seas is the responsibility of all of us.”

What happens next?

The door remains open for more countries to ratify, which will make it more effective. 

“When you negotiate something, you can’t get 100 percent people to ratify it or to accept it in one term,” says Mr. Haji. “Some just observe and then, when they see the advantages, they join. I believe that, in the future others will join”.

Apart from universal participation, the key to making the BBNJ work will be implementation – in other words, acting against those who break the rules. 

According to the text of the agreement, the first meeting to monitor progress on both these fronts will take place no later than one year after the Agreement’s entry into force.

Momentum builds towards marine biodiversity treaty, as experts convene in New York

Formally titled 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, it was adopted in June 2023 after years of negotiation, and is open for signature until 20 September.

With only eight ratifications left before it can enter into force, momentum is accelerating toward the treaty’s implementation phase, which could begin as early as 2026.

Urgent, ‘decisive and concerted action’

By covering marine genetic resources, environmental impact assessments, area-based management tools, and the transfer of marine technology, the treaty is central to protecting the ocean.

The need for decisive and concerted action has never been more urgent,” UN Legal Counsel Elinor Hammarskjöld told delegates at the opening of the session.

From rules of participation and financing to digital access and institutional hosting, negotiators face complex trade-offs.

But the sense of urgency, and the crowded rooms at UN Headquarters, suggested that the international community is edging closer to turning text into reality.

Recalling the 2025 UN Ocean Conference held in Nice in June, co-hosted by France and Costa Rica, Ms. Hammarskjöld said that it reaffirmed the essential role of multilateralism in addressing the pressures putting marine ecosystems at risk.  

Further, the 39 treaty actions by States from all regions undertaken during the Ocean Conference demonstrated the international community’s strong commitment to conserve and sustainably use the ocean and its resources.

Now, “with the real probability of the first Conference of the Parties to the Agreement convening in 2026, we are at a critical juncture”, she stated.

That urgency was echoed by the Commission’s Co-Chair Janine Coye-Felson, who said that “if the momentum bolstered by the third United Nations Oceans Conference, held in Nice in June this year, sustains, it can be reasonably expected that the Agreement may enter into force in the latter part of 2025, or early 2026”.

Indigenous Peoples as rights-holders

During the session’s early debates, small island developing States (SIDS) pressed for flexibility, including virtual participation and guaranteed representation in the COP Bureau.

The representative of the Federated States of Micronesia, speaking for the Pacific small island developing States, also supported the allocation of one seat to small island developing States.  

Further, he called for recognition of “the distinct status of Indigenous Peoples under international law as rights-holders, rather than as mere stakeholders”. 

Financing and equity

Developing States, represented by groups including the G77 and China, the African Group, CARICOM and Pacific SIDS, stressed that participation funding shall not be optional but an obligation under the treaty, and called for a voluntary trust fund to cover the full expenses of delegates from least developed countries, landlocked states – and SIDS – while opposing restrictions on states in arrears.

‘Clearing house’

As entry into force approaches, delegates turned to operational issues. A proposed Clearing-House Mechanism will serve as the treaty’s central hub for information exchange.

“There is perhaps no more urgent piece of work that is in front of us than this one,” underscored Commission Co-Chair Adam McCarthy at one of the meetings.

Given the current rate of ratification, “we might need a form of Clearing-House Mechanism in operation sometime in early 2026”, he pointed out, encouraging delegates to work towards having the informal expert group “up and running” to start its work by September.

With 139 signatures and 52 ratifications already secured, the treaty is within reach of the 60 needed for entry into force.

The gathering will continue at UN Headquarters until 29 August.

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