High Seas Biodiversity Treaty

The High Seas Biodiversity Treaty, officially known as the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ Agreement), is a landmark international treaty adopted under the framework of the United Nations Convention on the Law of the Sea (UNCLOS). It aims to protect and manage the biodiversity of the high seas — the areas of the ocean that lie beyond the national jurisdiction of any country. Adopted in June 2023 after nearly two decades of negotiations, the treaty marks a significant advancement in global ocean governance and environmental protection.

Background and Rationale

The high seas cover nearly two-thirds of the Earth’s ocean surface and constitute around half of the planet’s total area, yet they have historically remained largely unregulated. While UNCLOS provides the overall legal framework for ocean use, it did not specifically address the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction.
Before the treaty, governance of these areas was fragmented among various sectoral bodies such as those managing fisheries, shipping, and seabed mining. The absence of a unified regulatory framework left vast ocean areas vulnerable to overfishing, pollution, deep-sea mining, and the impacts of climate change. The High Seas Biodiversity Treaty was therefore negotiated to fill this governance gap and ensure equitable and sustainable management of marine biodiversity for present and future generations.

Objectives and Core Principles

The treaty seeks to:

• Conserve marine biodiversity beyond national boundaries.
• Ensure equitable access and benefit-sharing from the use of marine genetic resources.
• Regulate human activities that may cause environmental harm in the high seas.
• Strengthen international cooperation, scientific research, and technology transfer.
• Promote sustainable development in line with the United Nations Sustainable Development Goal 14 (Life Below Water).

It operates under key principles such as the common heritage of humankind, the precautionary approach, and the ecosystem-based management approach.

Major Components of the Treaty

The treaty consists of four main pillars that provide a comprehensive framework for high seas governance:

1. Marine Genetic Resources (MGRs) and Benefit-SharingThe treaty introduces rules for the collection, utilisation, and sharing of benefits from marine genetic resources found in the high seas. These include genetic materials from deep-sea organisms, which have potential applications in medicine, biotechnology, and industry. Benefits are to be shared both monetarily and non-monetarily, ensuring that developing nations have fair access to scientific data, technology, and resources derived from the global commons.
2. Area-Based Management Tools (ABMTs), Including Marine Protected Areas (MPAs)The treaty enables the creation of marine protected areas in international waters, a key mechanism for conserving ecosystems and species. Proposals for such areas will be scientifically reviewed and adopted by the treaty’s governing body. This provision supports the global goal of protecting 30% of the world’s oceans by 2030, commonly referred to as the “30×30” target.
3. Environmental Impact Assessments (EIAs)All proposed activities in the high seas that may cause significant adverse impacts on marine biodiversity are required to undergo environmental impact assessments. The treaty sets out detailed procedures for conducting and reviewing these assessments, ensuring transparency and accountability in high seas activities such as deep-sea exploration and shipping.
4. Capacity Building and Transfer of Marine TechnologyRecognising that many developing countries lack resources to participate fully in marine research and conservation, the treaty includes provisions for capacity building and technology transfer. This aims to promote equity and inclusivity by enabling all nations to contribute to, and benefit from, ocean conservation efforts.

Institutional Structure

The treaty establishes several institutional mechanisms to ensure effective implementation:

• A Conference of the Parties (COP), which serves as the supreme decision-making body.
• A Scientific and Technical Body, responsible for providing expert advice, evaluating environmental assessments, and guiding conservation measures.
• A Secretariat, which coordinates administrative functions and supports treaty operations.
• Committees on access and benefit-sharing, capacity building, and compliance to ensure equitable and transparent functioning.

The Clearing-House Mechanism will serve as an online platform for sharing scientific data, best practices, and technological information among signatory states.

Adoption and Entry into Force

The text of the treaty was finalised in March 2023 and formally adopted by consensus in June 2023 at the United Nations headquarters in New York. It opened for signature in September 2023, and will enter into force 120 days after the 60th country deposits its instrument of ratification. This milestone was reached in 2025, paving the way for the treaty’s operationalisation and the convening of the first Conference of the Parties.

Significance of the Treaty

The High Seas Biodiversity Treaty represents a historic step towards global ocean conservation. Its significance can be summarised as follows:

• It is the first international agreement dedicated exclusively to biodiversity beyond national jurisdiction.
• It establishes a legal pathway to create marine protected areas in the high seas.
• It supports the implementation of the Paris Agreement and the Kunming-Montreal Global Biodiversity Framework by addressing the ocean’s role in climate regulation and biodiversity conservation.
• It promotes equitable participation of developing nations through benefit-sharing and capacity-building measures.

By creating a legal mechanism for the collective management of global ocean commons, the treaty embodies the principle that the high seas are a shared resource belonging to all humankind.

Challenges and Implementation Issues

Despite its ambitious scope, the treaty faces several implementation challenges:

• Ratification and enforcement: Some major maritime nations have been slow to ratify the treaty, which may affect its universal application.
• Overlapping jurisdictions: Coordination with existing regimes such as regional fisheries bodies and the International Seabed Authority is complex.
• Funding and capacity constraints: Developing countries may require financial and technological support to fulfil treaty obligations.
• Monitoring and compliance: Effective enforcement of high-seas regulations remains difficult given the vastness of the oceans and limited surveillance capacity.

Ensuring the treaty’s success will depend on robust international cooperation, transparency in governance, and sustained financial commitments from all parties.

Relevance for India

For India, a nation with extensive maritime interests and a growing blue economy, the High Seas Biodiversity Treaty holds particular importance. It provides opportunities to:

• Strengthen India’s participation in global marine research and conservation.
• Enhance regional leadership in promoting sustainable ocean governance in the Indo-Pacific.
• Safeguard marine genetic resources and access emerging scientific opportunities in deep-sea exploration.
• Align with India’s commitments under global biodiversity and climate frameworks.

Global Outlook

The High Seas Biodiversity Treaty is widely regarded as a “once-in-a-generation” agreement for ocean protection. It closes a critical gap in international law by establishing a unified framework for conserving and managing the biodiversity of areas beyond national jurisdiction. The success of the treaty will ultimately depend on the political will of nations to implement its provisions and the ability of the international community to balance conservation priorities with sustainable economic use of the ocean’s vast resources.