New York, USA · 4 March 2023 — Delegates from UN member states reached agreement on the text 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 — commonly known as the BBNJ Agreement or the High Seas Treaty — in the final hours of a two-week negotiating session at UN Headquarters in New York. The agreement, finalised on 4 March 2023 after negotiations extended 36 hours beyond the scheduled deadline, represents the most significant expansion of international environmental law in decades.
The treaty addresses a critical gap in ocean governance: the high seas — the vast areas of ocean beyond any single nation's 200-nautical-mile exclusive economic zone — comprise approximately two-thirds of the global ocean and nearly half the planet's surface. Until now, these waters have lacked a comprehensive legal framework for biodiversity protection, leaving them vulnerable to overfishing, deep-sea mining, pollution, and the impacts of climate change.
Four Pillars of the Agreement
The BBNJ Agreement is structured around four primary pillars, each addressing a distinct gap in the existing legal framework for ocean governance.
1. Marine Genetic Resources
The treaty establishes a framework for the fair and equitable sharing of benefits — both monetary and non-monetary — arising from activities related to marine genetic resources and digital sequence information from areas beyond national jurisdiction. Marine genetic resources, which include the DNA of deep-sea organisms, are increasingly valuable for pharmaceutical research, biotechnology, and industrial applications.
Developing countries had argued that the benefits of marine genetic research should be shared globally, not captured exclusively by the institutions and corporations of wealthy nations with the technology to access deep-sea environments. The agreement establishes a mechanism for benefit-sharing, though the specific modalities — including whether a monetary contribution mechanism will be established — are to be further elaborated by the treaty's Conference of the Parties.
2. Area-Based Management Tools, Including Marine Protected Areas
Perhaps the most significant element of the treaty is the creation of a legal mechanism to establish marine protected areas (MPAs) on the high seas. Until now, there has been no global process for creating such protected areas in waters beyond national jurisdiction, making it impossible to implement the '30x30' target adopted at the CBD COP15 in Montreal in December 2022 — which calls for protecting 30% of the ocean by 2030.
The treaty establishes a process through which parties can propose MPAs, which are then considered by a scientific and technical body and adopted by the Conference of the Parties by consensus or, if consensus cannot be reached, by a three-quarters majority vote.
3. Environmental Impact Assessments
The treaty requires parties to assess the potential environmental impacts of planned activities in areas beyond national jurisdiction. Activities that may cause substantial pollution or significant harmful changes to the marine environment must undergo an environmental impact assessment (EIA) before authorisation.
The EIA provisions include requirements for public notification, consultation with relevant stakeholders, and consideration of cumulative impacts. The Conference of the Parties is empowered to develop standards, guidelines, and thresholds for EIAs, and to review and approve assessments for activities that may have impacts across multiple jurisdictions.
4. Capacity-Building and Transfer of Marine Technology
The treaty includes provisions for capacity-building and the transfer of marine technology to developing countries, particularly small island developing states, least developed countries, and landlocked developing countries. These provisions are designed to ensure that all nations can participate in and benefit from the conservation and sustainable use of marine biodiversity on the high seas.
The agreement establishes a Clearing-House Mechanism to facilitate information exchange, match needs with available resources, and connect parties seeking capacity-building support with those able to provide it.
| Pillar | Key Provision |
|---|---|
| Marine Genetic Resources | Fair and equitable benefit-sharing from MGRs and digital sequence information |
| Area-Based Management Tools | Legal mechanism to establish MPAs on the high seas |
| Environmental Impact Assessments | Mandatory EIAs for activities that may harm the marine environment |
| Capacity-Building and Technology Transfer | Support for developing countries to participate in high seas conservation |
A Two-Decade Journey
The path to the BBNJ Agreement began in 2004, when the UN General Assembly established an ad hoc open-ended informal working group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction. After years of discussion, the General Assembly decided in 2015 to develop an international legally binding instrument under UNCLOS and established a Preparatory Committee (PrepCom) to make recommendations.
Formal intergovernmental conferences (IGCs) began in 2018, with four scheduled sessions. The process was delayed by the COVID-19 pandemic, and the final agreement was reached at the resumed fifth session (IGC-5bis) in February–March 2023, after the original fifth session in August 2022 had ended without consensus.
Adoption and Entry into Force
The treaty was formally adopted by the UN on 19 June 2023 at an intergovernmental conference at UN Headquarters in New York. It was opened for signature on 20 September 2023, during the 78th session of the UN General Assembly. On the first day it was open for signature, 67 countries and the European Union signed the agreement.
The treaty requires ratification by at least 60 countries to enter into force. The ratification process involves each signatory country depositing an instrument of ratification with the UN Secretary-General, typically following domestic legislative approval.
Implications for the 30x30 Target
The BBNJ Agreement is widely seen as essential for achieving the 30x30 target adopted at CBD COP15 in Montreal. Without a legal mechanism to establish MPAs on the high seas, protecting 30% of the ocean would have been impossible, as the high seas comprise the majority of the world's ocean area.
The treaty's MPA provisions are expected to facilitate the creation of large-scale protected areas in ecologically significant high seas regions, such as the Sargasso Sea, the Costa Rica Thermal Dome, and the Lord Howe Rise. However, the effectiveness of these protections will depend on the political will of parties to propose and adopt MPAs, and on the development of robust monitoring, control, and surveillance mechanisms for areas far from any nation's coast.
Challenges and Limitations
While the agreement was hailed as a historic achievement, several challenges remain. The treaty does not address fisheries management directly — that remains under the purview of regional fisheries management organisations (RFMOs). The relationship between the BBNJ Agreement and existing bodies such as the International Seabed Authority, which regulates deep-sea mining, will need to be clarified through implementation.
Funding for the treaty's implementation, including the capacity-building and technology transfer provisions, remains a concern. Developing countries have emphasised that without adequate financial resources, the treaty's ambitious goals cannot be realised.
Looking Ahead
The finalisation of the BBNJ Agreement text in March 2023 represents a turning point in international ocean governance. For the first time, there is a comprehensive legal framework for protecting biodiversity in the two-thirds of the ocean that lies beyond national boundaries.
The focus now shifts to ratification and implementation. Environmental organisations, including the High Seas Alliance and the Pew Charitable Trusts, have launched campaigns to secure the 60 ratifications needed for entry into force, urging countries to act swiftly to ensure the treaty becomes operational as soon as possible.
For African coastal states and small island developing nations, the treaty's capacity-building and technology transfer provisions are particularly significant. These nations have historically had limited capacity to participate in high seas research and governance, despite being among the most vulnerable to marine biodiversity loss and the impacts of climate change on ocean ecosystems.
Sources:
- United Nations, Agreement on Biodiversity Beyond National Jurisdiction (BBNJ), March 2023
- UNEP, Historic High Seas Treaty Adopted, 19 June 2023
- High Seas Alliance, BBNJ Treaty: From Agreement to Action, 2023
- World Resources Institute (WRI), High Seas Treaty Explainer, 2023
- US Department of State, High Seas Treaty: Frequently Asked Questions, 2023
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Institutional Research Desk · Foresight Institute of Research and Translation
The collective editorial and research translation board of FIRAT, synthesising peer-reviewed evidence, policy briefs, and division milestones across our seven foundational research pillars.
