Agreement on Biodiversity Beyond National Jurisdictions (BBNJ)

The Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), also known as the High Seas Treaty, is a landmark international treaty developed under the framework of the United Nations Convention on the Law of the Sea (UNCLOS). It seeks to establish a comprehensive legal regime for the conservation and sustainable management of marine biodiversity in parts of the ocean that lie beyond national control, commonly referred to as the high seas and the international seabed area.

Background and Need for the Agreement

The world’s oceans cover over 70% of the Earth’s surface, and nearly two-thirds of this lies beyond national jurisdiction. These areas are rich in biodiversity and contain vast, largely unexplored marine ecosystems. However, before the adoption of the BBNJ Agreement, governance in these areas was fragmented across multiple sectoral bodies, such as those regulating fisheries, shipping, and seabed mining.
There was no unified legal framework to ensure conservation of marine biodiversity or equitable sharing of benefits arising from the use of marine genetic resources in these regions. Growing concerns about overexploitation, pollution, deep-sea mining, and the impacts of climate change prompted the international community to negotiate a binding instrument under UNCLOS.
Formal negotiations began in 2017 following a United Nations General Assembly resolution, and the final text of the agreement was adopted in June 2023 in New York after years of deliberations.

Core Objectives

The BBNJ Agreement aims to:

• Ensure the conservation and sustainable use of marine biological diversity beyond national jurisdiction.
• Establish a framework for fair and equitable sharing of benefits arising from marine genetic resources (MGRs).
• Create procedures for environmental impact assessments (EIAs) for activities conducted in the high seas.
• Facilitate capacity-building and technology transfer for developing countries.
• Support the establishment of marine protected areas (MPAs) and other area-based management tools.

Collectively, these measures aim to close the governance gap in international waters and support the global goal of protecting 30% of the world’s oceans by 2030.

Key Provisions

The BBNJ Agreement is structured around four main pillars:

1. Marine Genetic Resources (MGRs) and Benefit SharingThe treaty provides guidelines for access to marine genetic resources found in areas beyond national jurisdiction and for the fair sharing of benefits—both monetary and non-monetary—arising from their use. This includes the sharing of scientific information, research data, and genetic sequence information. The framework seeks to prevent monopolisation of resources by technologically advanced states and ensure that all nations, especially developing ones, can benefit from ocean research.
2. Area-Based Management Tools (ABMTs) and Marine Protected Areas (MPAs)The agreement establishes mechanisms for creating and managing marine protected areas in the high seas. Such areas are essential for conserving vulnerable ecosystems, protecting migratory species, and maintaining ecological balance. Decisions on the designation of these areas will be made by the Conference of the Parties (COP) based on scientific advice and consensus among member states.
3. Environmental Impact Assessments (EIAs)States are required to assess the potential environmental impacts of planned activities in the high seas that could have significant adverse effects on marine ecosystems. The EIA process involves transparency, scientific review, and public participation, ensuring that development or exploration projects do not cause irreversible harm to marine biodiversity.
4. Capacity-Building and Transfer of Marine Technology (CB&TT)Recognising the unequal capacities of nations to explore and conserve marine resources, the agreement provides for technology transfer, training, and funding to support developing countries. This aims to enhance global participation in marine research and governance and promote equitable benefit-sharing.

Institutional Framework

The treaty establishes several institutional mechanisms to ensure implementation:

• A Conference of the Parties (COP) to oversee governance, review compliance, and adopt decisions on conservation measures.
• A Scientific and Technical Body to provide expert advice on biodiversity conservation, monitoring, and environmental assessments.
• A Secretariat to coordinate administrative functions and facilitate cooperation among member states.

These bodies work collectively to ensure transparent, science-based, and equitable governance of high seas biodiversity.

Significance of the Treaty

The BBNJ Agreement is considered a historic milestone in international environmental law for several reasons:

• It is the first global, legally binding treaty dedicated to the protection of marine biodiversity beyond national borders.
• It extends the spirit of the United Nations Convention on the Law of the Sea (UNCLOS) to address contemporary challenges of ocean governance.
• It provides a mechanism for establishing high seas marine protected areas, a crucial step toward meeting international biodiversity conservation targets.
• It strengthens global cooperation in marine scientific research, data sharing, and technology transfer.
• It embodies the principle of common heritage of mankind, ensuring that the benefits from ocean resources are shared fairly among all nations.

Current Status and Ratification

The agreement was opened for signature on 20 September 2023, and will enter into force 120 days after ratification by 60 countries. As of 2025, a growing number of nations have signed and are progressing towards ratification.
Once in force, the treaty will complement existing regional and sectoral frameworks such as the International Seabed Authority, regional fisheries management organisations, and environmental conventions, ensuring coherence in global ocean governance.

Challenges in Implementation

Despite its potential, the BBNJ Agreement faces several challenges:

• Implementation capacity: Many developing nations may struggle to meet the financial and technical requirements for compliance.
• Funding: Adequate and sustained financial support will be needed for conservation projects, monitoring systems, and capacity-building initiatives.
• Jurisdictional overlaps: Coordination with existing bodies governing fisheries, mining, and shipping is essential to prevent policy conflicts.
• Monitoring and enforcement: Given the vastness of the high seas, effective surveillance and enforcement mechanisms remain difficult to establish.
• Equitable benefit sharing: Ensuring fair distribution of profits from marine genetic resources remains a sensitive issue among developed and developing countries.

Global and National Implications

Globally, the BBNJ Agreement represents a major step towards achieving the Sustainable Development Goal 14 (Life Below Water), which seeks to conserve and sustainably use the oceans and marine resources. It also supports commitments under the Convention on Biological Diversity (CBD) and the Paris Agreement by addressing the interlinked issues of climate change and marine ecosystem resilience.
For countries like India, participation in the BBNJ Agreement provides an opportunity to strengthen marine research, contribute to high seas governance, and enhance its role in global environmental diplomacy. It also aligns with national priorities in deep-sea exploration, marine biotechnology, and sustainable ocean management.