In June 2023, after nearly two decades of discussions and five years of intensive negotiations, UN Member States reached a historic breakthrough: the adoption of the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ). Often called the High-Seas Treaty, the BBNJ Agreement marks a decisive step in global efforts to protect the ocean under the framework of the UN Convention on the Law of the Sea (UNCLOS).

On 19 September, 2025, the 60th UN Member State deposited its ratification instrument and 120 days later, on 17 January, 2026, the Treaty entered into force. In the meantime, 82 states and the European Union have become a party to the BBNJ Agreement and several countries are currently working towards ratification.

Areas beyond national jurisdiction—commonly known as the high seas—lie outside the 200-nautical-mile exclusive economic zones of coastal States. These vast expanses cover nearly half of the planet’s surface, host extraordinary biodiversity, regulate the global climate and support ecosystems essential to human life. Yet, for decades, they have been governed by a fragmented legal framework, ill-equipped to address modern challenges such as overfishing, marine pollution, climate change and the rapid expansion of deep-sea activities.

Until now, there was no comprehensive international mechanism to establish marine protected areas beyond national jurisdiction, assess the environmental impacts of activities conducted there, or ensure equitable sharing of benefits derived from marine genetic resources. The BBNJ Agreement fills these critical gaps.

Negotiating the depths: towards collective protection

The road to the BBNJ Agreement was long and complex. Discussions on the need for a new legal instrument began in the early 2000s, as scientists and policymakers increasingly warned that ocean governance lagged dangerously behind scientific knowledge and technological capabilities. In 2017, the UN General Assembly formally launched an intergovernmental conference to negotiate a legally binding instrument under the UN Convention on the Law of the Sea.

Negotiations took place over five substantive sessions at UN Headquarters in New York, often requiring painstaking compromise among States with diverse interests. Small Island Developing States, coastal nations, landlocked countries, major maritime powers, scientists and environmental advocates all brought distinct priorities to the table. Issues of equity, scientific cooperation, capacity building, and the balance between conservation and sustainable use were at the heart of the debates.

The final breakthrough came in March 2023, when delegations reached consensus on a text after nearly 38 hours of continuous negotiations. The Agreement was formally adopted by the UN General Assembly in June 2023, drawing sustained applause, an unmistakable sign of the treaty’s political and symbolic weight.

A new compass for areas beyond national jurisdiction: one ocean, four pillars

The Agreement rests on four main pillars:

Marine genetic resources and benefit-sharing. The treaty establishes rules for access to marine genetic resources found in areas beyond national jurisdiction and ensures that benefits—both monetary and non-monetary—are shared fairly, particularly with developing countries.

Area-based management tools, including marine protected areas. 

For the first time, the international community now has a legal pathway to designate and manage marine protected areas beyond national jurisdiction, based on the best available science and inclusive decision-making.

Environmental impact assessments.

The Agreement introduces clear requirements to assess the environmental impacts of planned activities in areas beyond national jurisdiction, promoting transparency and accountability.

Capacity-building and transfer of marine technology. Recognizing global inequalities, the treaty places strong emphasis on supporting developing States through training, scientific cooperation and access to technology.

Together, these elements create a coherent framework to ensure that activities in the ocean are conducted responsibly and sustainably.

Setting sail for action

Attention now turns to implementation—the most demanding phase. Turning words into concrete actions will depend on sustained political commitment, adequate financing and robust scientific cooperation. Civil society, academia and international organizations will play a key role in translating legal provisions into tangible protection for the ocean.

But the Treaty also needs strong institutions, like a Secretariat, a Scientific and Technical Body, and a Clearing-House Mechanism, which are being discussed now in the BBNJ Preparatory Commission (PrepCom) meetings at the UN. These sessions lay the groundwork so that once the Treaty enters into force, it can hit the ground running. Two have already taken place, and a third PrepCom will happen in March 2026.

As the Treaty entered into force on 17 January 2026, the focus will shift to implementation. The first Conference of the Parties (COP1), which will convene within a year, will be critical as this is where decisions will be made in terms of rules of procedure, establish the Treaty’s permanent bodies and decide on key priorities. Belgium and Chile have long announced their bids to host the secretariat, reflecting their sustained engagement in the BBNJ process. China has more recently entered the race, in January 2026. The final decision on the host city—Brussels, Valparaiso or Xiamen— will be made by the COP1.

Protecting our blue future

The adoption of the BBNJ Agreement sends a powerful signal at a time of growing environmental and geopolitical strain. It demonstrates that states can still come together to address global commons through international law, not only by agreeing on principles, but by creating mechanisms for action. The Agreement therefore directly supports global commitments such as the Kunming–Montreal Global Biodiversity Framework, transforming the goal of protecting at least 30% of the world’s oceans by 2030 into an achievable, collective endeavor.

The BBNJ Agreement is not a panacea, but it is a historic milestone and a solid foundation on which to build more effective protection of marine biodiversity. If implemented with ambition and resolve, it can help safeguard the ecosystems that underpin food security, climate regulation and livelihoods worldwide. In doing so, it reaffirms a fundamental principle: the ocean beyond national borders is a common heritage and its protection is a shared responsibility.

For many delegations, the BBNJ process was also a reminder of what multilateralism can achieve when political will aligns with global urgency. Despite moments of deadlock, Member States repeatedly chose compromise over confrontation, guided by a shared recognition that ocean degradation is a shared problem requiring collective solutions. As the international community moves from negotiation to action, the BBNJ Agreement stands as a memento that even in a fractured world, cooperation remains possible—and essential—when our future is at stake.