HIGHLIGHTS

High Seas Treaty (BBNJ Agreement) Enters into Force: A Landmark for Global Ocean Governance

Background

The Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement), commonly known as the High Seas Treaty, has officially entered into force after receiving the required number of ratifications by States.

The BBNJ Agreement was adopted under the framework of the United Nations Convention on the Law of the Sea (UNCLOS) and constitutes the third implementing agreement to UNCLOS. It is also regarded as the first global treaty specifically dedicated to the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction (ABNJ), commonly referred to as the high seas.

Nearly two-thirds of the world's oceans lie beyond the jurisdiction of any single State. Although these areas contain immense marine biodiversity and valuable marine genetic resources, they were previously regulated only in a fragmented manner. UNCLOS primarily governed issues such as navigation, fisheries, and seabed mining, but lacked comprehensive provisions addressing the conservation and sustainable use of marine biodiversity.

Current Development

With the entry into force of the BBNJ Agreement, States Parties are now legally required to comply with several new obligations aimed at protecting marine biodiversity beyond national jurisdiction.

Key obligations include:

• Environmental Impact Assessments (EIAs): States must conduct EIAs before authorising activities that may have significant adverse effects on the marine environment, including:
• Deep-sea mining;
• Marine scientific research; and
• Other activities with potential environmental impacts.
• Marine Genetic Resources (MGRs): The Agreement establishes rules governing access to marine genetic resources and ensures the fair and equitable sharing of benefits arising from their utilisation, including benefits derived from Digital Sequence Information (DSI).
• Marine Protected Areas (MPAs): The treaty creates a legal framework for the designation, management, and monitoring of Marine Protected Areas in international waters to safeguard marine ecosystems.
• Institutional Oversight: Compliance with these obligations will be supervised through institutional mechanisms established under the Agreement.

Legal Analysis

The BBNJ Agreement strengthens and complements the legal framework established by UNCLOS without modifying its existing provisions.

Its principal legal innovations include:

1. Binding Conservation Obligations

The Agreement introduces legally binding obligations in areas that were previously insufficiently regulated under UNCLOS, particularly the conservation and sustainable use of marine biodiversity.

2. Precautionary and Ecosystem-Based Approaches

States Parties are required to adopt both the precautionary approach and the ecosystem approach when approving activities in the high seas. This requires governments to evaluate not only the direct impacts of proposed activities but also their cumulative environmental effects.

3. Marine Protected Areas (MPAs)

For the first time, the Agreement establishes an international mechanism for creating and managing Marine Protected Areas in areas beyond national jurisdiction. States will collectively determine conservation measures for ecologically significant marine regions.

4. Marine Genetic Resources (MGRs)

The Agreement creates a comprehensive legal framework governing:

• Access to Marine Genetic Resources;
• Scientific research involving such resources; and
• Fair and equitable sharing of both monetary and non-monetary benefits derived from their commercial and scientific utilisation.

5. Capacity Building and Technology Transfer

Recognising disparities between developed and developing countries, the Agreement promotes:

• Capacity building;
• Transfer of marine technologies;
• Scientific cooperation; and
• Technical assistance to developing States.

These measures aim to ensure equitable participation in marine scientific research and conservation efforts.

Why the Development Matters

The entry into force of the BBNJ Agreement represents one of the most significant milestones in international environmental law since the adoption of UNCLOS.

Its importance lies in several key aspects:

• It is the first legally binding global treaty dedicated exclusively to protecting biodiversity in the high seas.
• It strengthens global ocean governance by making Environmental Impact Assessments (EIAs) mandatory for activities that may significantly affect marine ecosystems.
• It promotes equity among nations by introducing mechanisms for the fair sharing of benefits arising from the use of marine genetic resources, particularly benefiting developing countries.
• It encourages international collaboration through scientific research, technology transfer, and institutional cooperation.
• It contributes to achieving global biodiversity targets and supports international efforts to combat biodiversity loss, marine degradation, and climate change through enhanced ocean conservation.

Conclusion

The entry into force of the BBNJ Agreement marks a historic advancement in the evolution of international maritime and environmental law. By establishing legally binding rules governing marine biodiversity, environmental impact assessments, marine protected areas, and benefit-sharing of marine genetic resources, the Agreement fills significant gaps in the existing UNCLOS framework.

As implementation begins, the BBNJ Agreement is expected to become a cornerstone of sustainable ocean governance, ensuring the conservation and responsible use of marine biodiversity for present and future generations while strengthening international cooperation in protecting the world's oceans.

References

1. Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement).
2. United Nations Convention on the Law of the Sea (UNCLOS).
3. United Nations – BBNJ Treaty Official Documentation.
4. United Nations Division for Ocean Affairs and the Law of the Sea (DOALOS).
5. United Nations News.
6. Reuters.
7. International Union for Conservation of Nature (IUCN).
8. Convention on Biological Diversity (CBD).
9. United Nations Environment Programme (UNEP).
10. International Maritime Organization (IMO).