The world’s oceans support an extraordinary variety of marine life, regulate the global climate, provide food, and sustain livelihoods across countries and communities. However, marine ecosystems face growing pressures from pollution, overfishing, climate change, and other human activities. Protecting these ecosystems requires international cooperation, particularly in ocean areas that do not fall under the national jurisdiction of individual countries.
The Biodiversity Beyond National Jurisdiction Agreement, commonly known as the BBNJ Agreement or the High Seas Treaty, is an international agreement developed under the United Nations Convention on the Law of the Sea (UNCLOS). It establishes a framework for conserving and sustainably using marine biological diversity in areas beyond national jurisdiction.
Adopted on 19 June 2023, the agreement entered into force on 17 January 2026 after the required threshold of 60 ratifications was reached. Its implementation represents an important development in international ocean governance, providing legally binding rules and mechanisms for addressing several aspects of marine biodiversity protection.
The agreement covers four main areas: marine genetic resources and benefit-sharing, area-based management tools including marine protected areas, environmental impact assessments, and capacity-building and the transfer of marine technology.
What Is the BBNJ Agreement?
BBNJ stands for Biodiversity Beyond National Jurisdiction. The formal name of the agreement is 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 negotiated to strengthen the international legal framework governing marine biodiversity in areas outside national jurisdiction. These areas include the high seas and the international seabed area.
The high seas generally refer to ocean waters beyond the territorial seas and exclusive economic zones of coastal states. The international seabed area refers to the seabed and ocean floor beyond the limits of national jurisdiction.
Although UNCLOS provides the broader legal framework for ocean activities, additional international cooperation was considered necessary to address particular gaps in biodiversity conservation and sustainable use. The BBNJ Agreement responds to this need by establishing procedures and mechanisms for cooperation among participating countries.
The agreement does not replace UNCLOS. Instead, it operates within the framework of the convention and complements existing international and regional arrangements relevant to marine conservation.
History and Development of the High Seas Treaty
International discussions about protecting marine biodiversity beyond national jurisdiction developed over several decades. Governments and international organisations increasingly recognised that existing arrangements did not provide a comprehensive framework for addressing all aspects of biodiversity conservation in international waters.
Formal negotiations for the BBNJ Agreement began in 2018 under a United Nations intergovernmental conference. Negotiations addressed how countries could cooperate on marine genetic resources, protected areas, environmental assessments, and support for developing countries.
The agreement’s text was adopted by consensus on 19 June 2023 at United Nations Headquarters in New York.
It opened for signature on 20 September 2023 and remained open for signature until 20 September 2025. The agreement reached the required 60 instruments of ratification, approval, acceptance, or accession on 19 September 2025.
Under its entry-into-force provisions, the treaty became effective internationally on 17 January 2026.
This milestone established a new legally binding framework for participating countries to cooperate on conserving and sustainably using marine biodiversity in areas beyond national jurisdiction.
Main Objectives of the BBNJ Agreement
The agreement aims to conserve and sustainably use marine biological diversity in areas beyond national jurisdiction, both for present populations and future generations.
Its objectives include strengthening international cooperation, supporting ecosystem protection, and ensuring that the benefits associated with marine genetic resources are shared fairly and equitably.
Conservation of Marine Biodiversity
Marine biodiversity includes the variety of marine organisms, their genetic differences, and the ecosystems in which they live.
International waters contain diverse habitats and species, including deep-sea organisms, migratory marine animals, and ecosystems that contribute to the functioning of the global ocean.
The BBNJ Agreement provides a framework for countries to work together to protect this biodiversity and improve the management of human activities that may affect it.
Sustainable Use of Marine Resources
Sustainable use involves managing resources and activities in ways that avoid undermining the long-term health of marine ecosystems.
The agreement encourages international cooperation so that the use of marine biological resources can be considered alongside conservation needs.
Fair and Equitable Benefit-Sharing
Marine organisms may contain genetic material with potential scientific, commercial, or technological applications. The agreement establishes provisions concerning marine genetic resources and the sharing of benefits arising from their use.
These provisions address questions about access to information, research outcomes, and benefits associated with marine genetic resources collected from areas beyond national jurisdiction.
International Cooperation
The agreement recognises that marine ecosystems cross national boundaries and that their protection requires coordinated action.
It establishes mechanisms through which countries can share information, develop common approaches, support scientific research, and strengthen the capacity needed to implement conservation measures.
The Four Main Areas Covered by the BBNJ Agreement
1. Marine Genetic Resources and Benefit-Sharing
Marine genetic resources are genetic material derived from marine organisms that may be of scientific or practical interest.
Research into these resources can contribute to understanding marine life and may support developments in areas such as biotechnology, pharmaceuticals, and other scientific applications.
The BBNJ Agreement establishes rules relating to marine genetic resources from areas beyond national jurisdiction, including digital sequence information associated with those resources.
Its provisions address notification, information-sharing, and the fair and equitable sharing of monetary and non-monetary benefits.
Non-monetary benefits can include access to research findings, scientific cooperation, training, and the exchange of relevant information. Monetary benefit-sharing is addressed through the agreement’s institutional and financial arrangements.
These provisions aim to support cooperation and ensure that the use of marine genetic resources contributes to broader international objectives rather than benefiting only a limited group of actors.
2. Area-Based Management Tools and Marine Protected Areas
Area-based management tools are measures used to manage human activities within defined geographical areas. Marine protected areas are one example.
Such areas can be established to protect habitats, conserve vulnerable species, and support the recovery of ecosystems affected by human activities.
The BBNJ Agreement creates a process for proposing, considering, and establishing area-based management measures, including marine protected areas, in areas beyond national jurisdiction.
These processes involve scientific information, consultation, cooperation, and decision-making through the agreement’s institutions.
Marine protected areas can contribute to conservation by providing a framework for managing activities that may damage sensitive habitats. However, their effectiveness depends on the design of the measures, the activities covered, monitoring, compliance, and cooperation among relevant states and organisations.
The agreement provides a framework for international action while recognising the need to coordinate with existing legal instruments and bodies responsible for ocean activities.
3. Environmental Impact Assessments
Environmental impact assessments help identify and evaluate the potential environmental consequences of proposed activities before decisions are made about whether they should proceed.
Activities in international waters may affect marine habitats, species, water quality, and ecological processes. Assessing potential impacts can help decision-makers identify risks and consider measures to prevent or reduce environmental damage.
The BBNJ Agreement establishes requirements and procedures relating to environmental impact assessments for certain planned activities under the jurisdiction or control of parties that may cause substantial pollution of or significant and harmful changes to the marine environment in areas beyond national jurisdiction.
The agreement also includes provisions relating to the publication of relevant information, monitoring, and the consideration of environmental effects.
These measures aim to improve transparency and ensure that potential environmental consequences receive appropriate consideration.
Environmental impact assessments do not automatically prohibit every activity that may affect marine ecosystems. Rather, they provide a structured process for identifying risks, evaluating alternatives, and supporting decisions consistent with applicable obligations.
4. Capacity-Building and Marine Technology Transfer
Countries differ in their scientific resources, technical expertise, research infrastructure, and ability to monitor activities in international waters.
Capacity-building and the transfer of marine technology are therefore important components of the BBNJ Agreement.
The agreement provides for cooperation to strengthen scientific and technical capabilities, particularly for developing countries that may face financial or technological limitations.
Support may include training, scientific collaboration, access to relevant data and information, research partnerships, and assistance with marine observation and monitoring technologies.
These measures can help countries participate more effectively in research, conservation planning, environmental assessment, and implementation of the agreement.
Capacity-building also supports broader international cooperation by helping more countries contribute to the scientific understanding and sustainable management of marine biodiversity.
Why the BBNJ Agreement Matters
The BBNJ Agreement matters because international waters contain extensive marine ecosystems that are important to the global environment but cannot be managed effectively by one country acting alone.
The agreement strengthens the framework for international cooperation and creates processes for addressing biodiversity concerns across national boundaries.
Its potential contributions include improved coordination of conservation measures, greater transparency around certain activities, expanded scientific cooperation, and more structured approaches to sharing benefits from marine genetic resources.
The agreement also provides a basis for countries to consider the cumulative importance of marine ecosystems when developing conservation and resource-management policies.
However, its success depends on implementation. Governments must establish appropriate domestic arrangements, participate in the treaty’s institutions, cooperate with relevant international bodies, and carry out their obligations.
Monitoring, scientific evidence, adequate resources, and effective compliance mechanisms will be important in determining how much practical progress the agreement achieves.
Implementation and International Cooperation
Following its entry into force, the BBNJ Agreement became binding on its parties in accordance with its provisions. Countries that have not become parties are not automatically bound by every treaty obligation simply because the agreement is in force, although other applicable rules of international law continue to apply.
Implementation involves more than accepting the agreement. Participating countries need to support its institutional arrangements, contribute to its operation, cooperate on relevant procedures, and take the measures necessary to fulfil their obligations.
The Conference of the Parties is the principal decision-making body established under the agreement. It provides a forum for parties to consider implementation, review progress, and make decisions within the authority granted by the treaty.
Cooperation with existing international organisations and regional bodies is also important because activities in international waters are already governed by different legal instruments and management arrangements.
Effective implementation will require coordination across scientific, environmental, legal, and maritime sectors.
Conclusion
The Biodiversity Beyond National Jurisdiction Agreement, or BBNJ Agreement, is an international treaty designed to strengthen the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction.
Adopted in 2023 and in force since 17 January 2026, the High Seas Treaty establishes a framework addressing marine genetic resources and benefit-sharing, marine protected areas and other area-based management tools, environmental impact assessments, and capacity-building and marine technology transfer.
Its significance lies in providing legally binding mechanisms for international cooperation in ocean areas that are important to global biodiversity. The agreement also creates opportunities to strengthen scientific collaboration, improve transparency, and support the fair sharing of benefits from marine genetic resources.
Ultimately, the effectiveness of the BBNJ Agreement will depend on how countries implement its provisions and work together to protect marine ecosystems. By strengthening international ocean governance, the agreement provides an important foundation for conserving marine biodiversity and promoting the sustainable use of the high seas for future generations.