The Biodiversity Beyond National Jurisdiction (BBNJ) Agreement is a landmark legally binding UN treaty that governs the ocean areas beyond national jurisdictions, including the high seas and the international seabed. These regions cover over two-thirds of the ocean’s surface and account for more than 90 percent of Earth’s habitat by volume, given the vastness of underwater space. The agreement is designed to ensure that these areas are managed sustainably for the benefit of all humanity.
BBNJ is the first legally binding ocean treaty to incorporate inclusive governance principles, including the engagement of Indigenous Peoples and local communities and the promotion of gender balance. Its implementation is expected to contribute significantly to tackling the “triple planetary crisis” of climate change, biodiversity loss, and pollution. Tanzanian diplomat Mzee Ali Haji, who led his country’s negotiations, emphasized that the treaty introduces enforceable accountability for activities on the high seas, such as pollution.
The treaty strengthens and builds upon the UN Convention on the Law of the Sea, which has governed maritime activities and marine protection since 1994. It addresses gaps in existing legislation, provides detailed guidance for biodiversity management, and aligns ocean governance with contemporary global priorities, including climate action and the UN 2030 Agenda for Sustainable Development.
With the treaty entering into force, it becomes legally binding for the 81 countries that have ratified it, requiring them to integrate its provisions into national legislation. Entry into force occurs 120 days after ratification by at least 60 countries. Major economies that have ratified include China, Germany, Japan, France, and Brazil, while key holdouts include the United States, India, the UK, and Russia, some of which have adopted but not yet ratified the treaty.
Despite some major countries not yet committing fully, BBNJ is expected to have a significant impact on protecting international waters. Mr. Haji highlighted that developing nations and small island states stand to benefit, and he anticipates that additional countries will ratify the treaty over time as they recognize its advantages.
The next steps focus on universal participation and effective implementation. The treaty stipulates that the first meeting to monitor compliance and progress will occur no later than one year after its entry into force, emphasizing that enforcement and active governance will be key to its long-term success in protecting the high seas.
